N.Y. Public Authorities Law § 1285-i: Commercial and industrial waste audits

§ 1285-i. Commercial and industrial waste audits. a. The corporation

shall establish and be responsible for administration of a commercial

and industrial waste audit program to help businesses identify and

evaluate the potential at their New York facilities for reducing the

amount of solid waste generated, increasing new materials recovery

programs and otherwise reducing the amount of waste ultimately requiring

disposal. The corporation shall in implementing said waste audit program

coordinate activities with and actively foster the waste exchange

program of the corporation and other waste reduction programs as is

appropriate, and is further authorized to obtain the services, as

necessary, of waste management specialists to conduct such waste audits.

b. In implementing the commercial and industrial waste audit program,

the corporation shall:

(i) establish an application process consistent with the rules and

regulations of the program;

(ii) establish by rule and regulation a commercial and industrial

solid waste audit program application evaluation procedure consistent

with the requirements of this section; and

(iii) establish by rule and regulation, upon consultation with the

director of the budget, a sliding fee schedule to offset the costs of

the audit. The fee schedule established pursuant to this section shall

be intended to provide revenues sufficient to meet solely the costs

incurred by the corporation in performing such audits. The chairman is

authorized and directed to deposit all money received in payment of fees

under this section in an account within the miscellaneous special

revenue fund.

c. Waste audits conducted pursuant to this section may include but

need not be limited to identification of:

(i) all waste generated within the facility;

(ii) the regulatory requirements associated with the recovery, reuse

or disposal of such waste, and the implications of such requirements for

various reduction and reuse options;

(iii) any methodologies, processes, equipment, or production changes

that could be utilized to reduce the amount of waste generated and

consumer waste resulting from the product, process or service

manufactured, distributed or sold;

(iv) on site recycling or waste treatment technologies that could be

utilized to reduce the need for waste disposal capacity;

(v) potential markets for waste generated by the facility, including

local materials recycling programs, and the ability of such markets to

readily absorb the wastes generated by such facility; and

(vi) economic practicality of alternative waste reduction strategies.

d. Any person for whom a waste audit is prepared shall within one

hundred eighty days submit to the corporation findings with respect to

the report and the status of steps to implement any recommended

strategies identified in such audit.

e. Beginning January first, nineteen hundred eighty-nine, the chairman

shall make an annual report concerning the activities undertaken

pursuant to this section which shall include, at a minimum (i) the

number of businesses which received assistance, (ii) the nature of

assistance provided through the programs, (iii) needs and problems

confronted by such businesses in establishing and implementing programs,

and (iv) the number of businesses which applied for assistance. The

chairman shall submit to the director of the division of the budget, the

chairman and the ranking minority member of the senate finance committee

and the chairman and the ranking minority member of the assembly ways

and means committee an evaluation of the program prepared by an entity

independent of the authority. Such evaluation shall be submitted by

September first, nineteen hundred ninety and by September first every

two years thereafter.