2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 12-A - (1389-A - 1389-E) INACTIVE HAZARDOUS WASTE DISPOSAL SITES
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.