N.Y. Public Health Law § 1389-d: New use of sites

§ 1389-d. New use of sites. Subsequent to the adoption of regulations

by the department of environmental conservation pursuant to section

27-1317 of the environmental conservation law, no person may

substantially change the manner in which an inactive hazardous waste

disposal site on the registry prepared and maintained by the department

of environmental conservation pursuant to section 27-1305 of the

environmental conservation law is used, without notifying the department

and, pursuant to section 27-1317 of the environmental conservation law,

the department of environmental conservation. A substantial change of

use shall be defined in rules and regulations adopted by the department

of environmental conservation and shall include, but not be limited to,

the erection of a building or other structure on such site, the paving

of such site for use as a roadway or parking lot, and the creation of a

park or other public or private recreational facility on such site. Such

notice shall be in writing, addressed to the commissioner and the

commissioner of environmental conservation and shall include a brief

description of the proposed change of use. Such notice shall be

submitted at least sixty days before any physical alteration of the land

or construction shall occur or, in the event any alteration or

construction is not required to initiate such change of use, at least

sixty days before any change of use.

Subsequent to the adoption of regulations by the department of

environmental conservation pursuant to section 27-1317 of the

environmental conservation law, no person may substantially change the

manner in which an inactive hazardous waste disposal site, for which a

declaration has been issued by the commissioner pursuant to subdivision

two of section one thousand three hundred eighty-nine-b of this title,

is used without the written approval of the commissioner. The

commissioner shall not approve such change of use if such new use will

expose persons to a significantly increased danger to life or health.