§ 27-1317. New use of sites.

Subsequent to the adoption of regulations by the department provided
for in this section, no person may substantially change the manner in
which an inactive hazardous waste disposal site on the registry prepared
and maintained by the department pursuant to section 27-1305 of this
title is used, without notifying the department and, pursuant to section
one thousand three hundred eighty-nine-d of the public health law, the
department of health. A substantial change of use shall be defined in
rules and regulations adopted by the department 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 health 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 provided
for in this section, 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 of health pursuant to subdivision
two of section one thousand three hundred eighty-nine-b of the public
health law, is used without the written approval of the commissioner and
the commissioner of health. The commissioner shall not approve such
change of use if such new use will interfere significantly with a
proposed, ongoing or completed inactive hazardous waste disposal site
remedial program at such site or expose the environment or health to a
significantly increased threat of harm.