§ 28-0109. Small business pollution prevention and environmental

compliance assistance program.

1. The commissioner is hereby authorized and directed to establish,
develop and implement a small business pollution prevention and
environmental compliance assistance program. The purpose of such program
shall be to:

a. assist eligible businesses to achieve pollution prevention and
improved environmental performance;

b. assist eligible businesses to comply with the provisions of and
rules adopted pursuant to this chapter; and

c. support all environmental and regulatory programs carried out
pursuant to this chapter, including permitting, facility inspection and
enforcement activities. For the purposes of this section, "eligible
business" shall mean a small to medium-sized business, not-for-profit
organization or municipality which employs less than five hundred
persons on a full-time basis.

2. The commissioner, after providing notice and opportunity for public
hearing, may exclude from the small business pollution prevention and
environmental compliance assistance program any category of regulated
entity that the commissioner determines to have sufficient technical and
financial capabilities to meet the requirements of this chapter without
such assistance. The department may designate eligibility for assistance
based on whether an eligible business has sufficient technical and
financial capabilities to comply with federal and state law without such
assistance. Such determination or designation shall be based on criteria
formally adopted by the department as guidance or regulation therefor.
Such program shall include:

a. the development, collection and coordination of information
concerning pollution prevention and compliance methods, and programs to
encourage lawful cooperation among eligible businesses and other persons
to further comply with the provisions of this chapter;

b. adequate mechanisms for assisting eligible businesses with
pollution prevention, environmental compliance and accidental release
detection and prevention, including providing information concerning
alternative technologies, process changes, and products and methods of
operation that help to achieve pollution prevention;

c. the provision of assistance for eligible businesses in:

(i) determining applicable requirements of this chapter and rules and
regulations promulgated pursuant thereto,

(ii) submitting complete permit applications, and

(iii) receiving permits issued by the department in a timely and
efficient manner;

d. adequate mechanisms for referring eligible businesses to qualified
auditors, or to the extent possible, offering eligible businesses and
responding to requests from eligible businesses for audits of the
operations of such businesses to determine compliance with this chapter
and rules and regulations promulgated pursuant thereto;

e. procedures for offering eligible businesses and responding to
requests from eligible businesses for technical, pollution prevention
and environmental compliance assistance including, but not limited to:

(i) on-site technical assistance and consultations regarding the
identification and implementation of opportunities to achieve pollution
prevention or enhance compliance, including the adoption of
comprehensive pollution prevention plans or environmental management
systems;

(ii) assistance in the modification of any work practice and the
identification of affordable and cost effective alternative technologies
or technological improvements to achieve pollution prevention or to
achieve compliance with or to establish compliance procedures pursuant
to this chapter and rules and regulations promulgated pursuant thereto;
and

(iii) the establishment of a schedule of milestones for implementing
such work practice or method of pollution prevention or compliance
preceding any applicable compliance date, based on the technology and
financial capability of such eligible business. No modification shall be
recommended unless it is in compliance with the applicable requirements
of environmental laws;

f. procedures for soliciting input from and exchanging information
with the small business pollution prevention and environmental
compliance ombudsman program created pursuant to section 138 of the
economic development law, regarding pollution prevention opportunities
and compliance requirements for small businesses;

g. adequate mechanisms for the collection and dissemination of
information to eligible businesses, including the development of
guidance manuals and the establishment of a toll-free telephone number
dedicated to answering questions involving pollution prevention and
small business compliance;

h. procedures for assuring the confidentiality of information received
from eligible businesses;

i. the identification of individuals, firms and/or state and local
agencies with a distinctive competence in areas related to pollution
prevention and compliance with environmental laws, rules and
regulations, and a demonstrated ability to serve eligible businesses,
for the purpose of referring eligible businesses with identified needs
to consultants or agencies with relevant expertise; and

j. the provision of information on state-sponsored programs offering
financial or technical assistance and on funding available from private
lenders to eligible businesses, and of aid to such businesses in
applying for financial assistance or funding.

3. In developing and implementing the small business pollution
prevention and environmental compliance assistance program, the
department shall consult with the pollution prevention and environmental
compliance coordinating council as created pursuant to section 28-0111
of this article, the environmental facilities corporation, the small
business pollution prevention and environmental compliance ombudsman
program as created pursuant to section 138 of the economic development
law and the office of waste prevention services as created pursuant to
article 14 of the economic development law.