N.Y. Environmental Conservation Law § 39-0107: Powers and duties of the commissioner

§ 39-0107. Powers and duties of the commissioner.

1. The commissioner shall, within three calendar months after the

effective date of this article, promulgate regulations establishing

methods for indentification and quantification of ingredients in sewage

system cleaners and additives used in restricted geographical areas.

2. The commissioner shall, within three calendar months after the

effective date of this article, promulgate regulations requiring

manufacturers of sewage system cleaners or additives distributed, sold

or offered for sale in restricted geographical areas to furnish to the

commissioner existing information regarding chemical components

including the nature and extent of investigations and research performed

by the manufacturer concerning the effects of such products on the

quality of groundwaters, provided, however, that in lieu of furnishing

said information, such manufacturers may refer the commissioner to any

federal or state agency which has obtained said information, to the

extent that said information is available to the commissioner from any

such agency.

3. Whenever the commissioner finds, after investigation and public

hearing, that any ingredient other than a restricted chemical material

in a sewage system cleaner or additive distributed, sold, offered or

exposed for sale in restricted geographical areas is likely to have a

dangerous, deleterious or injurious effect upon the public health or

environment, he shall prohibit or restrict in restricted geographical

areas the sale, distribution, offer or exposure for sale or use by any

person of sewage system cleaners or additives containing such

ingredients.

4. The commissioner shall hold confidential any information obtained

pursuant to subdivision two of this section when shown by any

manufacturer that such information, if made public, would divulge

competitive business information, methods or processes entitled to

protection as trade secrets of such manufacturers.