§ 138. Small business pollution prevention and environmental
compliance ombudsman program. 1. There is hereby established within the
division for small businesses a small business pollution prevention and
environmental compliance ombudsman program. The primary purpose of such
program is to represent small businesses on issues relating to pollution
prevention and compliance with the environmental conservation law.

2. The department shall, through the small business pollution
prevention and environmental compliance ombudsman program, provide the
following services:

a. soliciting input from small businesses regarding pollution
prevention and compliance with the environmental conservation law,
including interacting with organizations representing small businesses
such as trade associations or other entities;

b. participating in, facilitating and promoting the participation of
small businesses in the development and implementation of rules and
regulations adopted pursuant to the environmental conservation law;

c. participating in and sponsoring meetings with the department of
environmental conservation, local environmental agencies, industry
groups and small business representatives;

d. providing guidance and recommendations to the department of
environmental conservation on the development, content and operation of
the small business pollution prevention and environmental compliance
assistance program as created by section 28-0109 of the environmental
conservation law;

e. distributing to small businesses information and materials on
pollution prevention and the requirements of the environmental
conservation law;

f. reporting to the pollution prevention and environmental compliance
coordinating council as established pursuant to section 28-0111 of the
environmental conservation law on any problems or difficulties
experienced by small businesses in complying with the environmental
conservation law, including the degree and severity of enforcement;

g. aiding in the investigation and resolution of complaints and
disputes from small businesses against the department of environmental
conservation and local environmental authorities;

h. conducting periodic evaluations of all aspects of the small
business pollution prevention and environmental compliance assistance
program created pursuant to section 28-0109 of the environmental
conservation law including reviewing the work and services of the
program with trade associations and representatives of small business;

i. reviewing and providing comments and recommendations to the United
States environmental protection agency and the department of
environmental conservation regarding the development and implementation
of regulations that impact small businesses;

j. arranging for and assisting in the preparation of guidance
documents by the small business pollution prevention and environmental
compliance assistance program as required pursuant to section 28-0109 of
the environmental conservation law to ensure that the language is
readily understandable by the layperson;

k. referring small businesses to specialists for information and
assistance on affordable alternative technologies, process changes,
products and operational methods to help achieve pollution prevention;

l. providing information to small businesses on state-sponsored
programs offering financial and technical assistance, and in locating
sources of funding for pollution prevention and compliance with the
requirements of the environmental conservation law; and

m. establishing procedures for assuring the confidentiality of
information received from small businesses.

3. The small business pollution prevention and environmental
compliance ombudsman program shall coordinate its services with the
office of waste prevention services established pursuant to article
fourteen of this chapter.