N.Y. Environmental Conservation Law § 37-0305: Toxic chemical release form

§ 37-0305. Toxic chemical release form.

1. The owner or operator of each facility subject to the requirements

of this title shall complete a toxic chemical release form as published

pursuant to subsection (g) of 42 U.S.C. § 11023, as amended and

subsections (a) and (b) of 42 U.S.C. § 13106, as amended for each toxic

chemical listed pursuant to subsection (c) of 42 U.S.C. § 11023, as

amended that was manufactured or processed in quantities greater than

twelve thousand five hundred pounds per year, or otherwise used in

quantities greater than five thousand pounds per year at each facility

during the preceding calendar year. Such form shall be submitted to the

commissioner on or before July first, nineteen hundred ninety-six and

thereafter on or before July first and shall contain data reflecting

releases during the preceding calendar year.

2. The commissioner may require that submittal be on diskette or other

compatible electronic media.

3. A facility specified in section 37-0303 of this title is exempt

from the reporting requirement set forth in subdivision one of this

section if the owner or operator of the facility certifies in writing to

the commissioner that no toxic chemical is manufactured or processed in

quantities greater than twelve thousand five hundred pounds per year, or

otherwise used in quantities greater than five thousand pounds per year

at the facility. The certification must be submitted to the commissioner

by the first applicable reporting date set forth in subdivision one of

this section. Such facility is exempt from further reporting unless a

toxic chemical is manufactured or processed in quantities exceeding

twelve thousand five hundred pounds per year, or otherwise used in

quantities exceeding five thousand pounds per year at the facility. The

commissioner may request, from the owner or operator, documentation to

support a claim that a facility qualified for this exemption.