§ 1285-g. Industrial materials recycling program. 1. Applicability. It
is the purpose of this section to establish a program within the
corporation to encourage the reduction, recovery and recycling of
industrial materials otherwise requiring disposal.

2. Definitions. When used in this section, unless another meaning
clearly appears from its context:

a. "Hazardous waste" means a waste which appears on the list or
satisfied the criteria promulgated by the commissioner of environmental
conservation pursuant to section 27-0903 of the environmental
conservation law and until, but not after, the promulgation of such list
and criteria means a waste or combination of wastes, which because of
its quality, concentration, or physical, chemical or infectious
characteristics may:

(i) cause, or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible
illness; or

(ii) pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, disposed
or otherwise managed.

b. "Industrial solid waste" means any garbage, refuse, sludge from a
waste treatment plant, or air pollution control facility, and other
discarded material, including solid, liquid, semisolid, mining and
agricultural operations as a result of a commercial or industrial
process but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits under
article seventeen of the environmental conservation law, or source,
special nuclear or by-product material as defined in the Atomic Energy
Act of 1954, as amended except as may be provided by existing agreements
between the state of New York and the government of the United States.

c. "Industrial material" means hazardous waste and industrial solid
waste.

d. "Recovery and recycling" means any method or technique utilized to
separate, process, modify, convert, treat, or otherwise prepare
industrial materials so that component materials or substances may be
used as raw materials or energy sources.

e. "Person" means an individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership,
association, state, municipality, commission, political subdivision of a
state, or any interstate body.

f. "Generator" means a person whose industrial activities produce
industrial material.

3. Industrial materials recycling program. a. The corporation shall
undertake and be responsible for a program to encourage industrial
materials reduction, recovery and recycling as hereinafter provided. The
corporation shall give first priority in such program to hazardous
wastes in order to reduce risks to public health and the environment.

b. Such program shall include but not be limited to the following
activities:

i. Planning including compilation of, research and development
information on industrial methods, technologies and practices that will
result in the reduction, recovery or recycling of industrial materials.

ii. Investigation and research into market potential and feasibility
for increased utilization of recovered or recycled industrial materials.

iii. Collection, development and maintenance of data on existing and
projected production of industrial materials.

iv. Review and analysis of existing industrial methods, technologies
and practices relating to the generation, use and disposal of industrial
materials.

v. Development and maintenance of a technical reference capability on
industrial materials reduction, recovery and recycling methods,
technologies and practices including appropriate information available
for public and private use.

vi. Encouragement and assistance, within the resources available, to
generators and users of industrial materials and to municipalities to
reduce, recover or recycle industrial materials, as is feasible and
appropriate.

vii. Establishment and maintenance of an information clearing house
which shall consist of an ongoing record of industrial materials which
may be recycled or recovered. Such record shall include, but is not
limited to, the information that is provided in manifest reports
required pursuant to section 27-0905 of the environmental conservation
law, except that no information including the identities or other
identifying information of the individual generators shall be disclosed
without the express written consent of the applicable generators. The
corporation shall make this information available to persons who desire
to recycle or recover industrial materials. The information shall be
made available in such a manner as to protect the trade secrets of the
generators. Information submitted to the clearing house shall not be
subject to disclosure under the freedom of information law as set forth
in article six of the public officers law.

viii. Preparation and the continuous update when appropriate of a list
of industrial materials which the corporation finds are economically and
technically feasible to recycle or recover. Each material shall be
categorized according to the degree of difficulty and the kind of
difficulty encountered in recycling or recovery of that material.

ix. Preparation, in conjunction with industry, of a handbook on
recovery and recycling to be made available to all industries upon
request.

x. Coordinate with existing regional entities, public or private, to
encourage participation in all elements of the program.

c. The corporation shall coordinate its activities under this section
with the department of environmental conservation with such department's
responsibilities pursuant to title four of article twenty-seven of the
environmental conservation law.

d. The corporation may enter into contracts with private entities for
the purpose of having such entities undertake activities called for
under this section.

4. Trade secrets; confidentiality. a. The corporation shall ensure
that any trade secrets or other proprietary or confidential data or
information of a personal nature, required to be utilized pursuant to
this section, shall be utilized by the corporation in connection with
its respective responsibilities pursuant to this section, and that such
trade secrets and other proprietary or confidential data or information
are not otherwise disseminated without the express consent of the
generator furnishing such information.

b. For the purposes of this section, trade secrets and other
proprietary or confidential data or information may include, but are not
limited to, any formula, plan, pattern, process, tool, mechanism,
compound, procedure, customer lists, production data, or compilation of
information within a commercial concern which is using it to fabricate,
produce or compound an article of trade or service having commercial
value, and which gives its owner or authorized user an opportunity to
obtain a business advantage over competitors who do not know, use or
have access to such data and information.

c. For the purposes of this section, due to the unique nature of the
program, any generator who claims that specified data or information to
be utilized pursuant to any requirement of this section contains trade
secrets or other proprietary or confidential data or information of a
personal nature may set forth such claims in writing to the corporation
for the protection of trade secrets afforded pursuant to this
subdivision. Such information shall not be subject to disclosure under
the freedom of information law as set forth in article six of the public
officers law.

d. The corporation shall have rules of conduct for employees and
contractors of the corporation involved in the design, development,
operation and maintenance of any trade secret record-keeping and
instruct each such employee or contractor with respect to such rules and
the requirements of this subdivision including any other rules and
procedures adopted pursuant to this section and the penalties for
noncompliance.

e. The corporation shall have appropriate administrative, technical,
and physical safeguards to insure the security and confidentiality of
trade secret information and records and to protect against any
anticipated threats to their security or integrity which could result in
their unauthorized disclosure.

5. Improper disclosure of trade secrets or other proprietary or
confidential data or information of a personal nature. No officer,
employee or contractor of the corporation shall intentionally publish,
divulge, disclose or make known in a manner not authorized under the
provisions of this section any trade secret or other proprietary or
confidential data or information of a personal nature available to him
in the course of his employment. Any such official, employee or
contractor who violates the provisions of this subdivision shall be
liable for a civil penalty not to exceed five thousand dollars. In
addition, any official or employee who violates the provisions of this
subdivision may be dismissed from his office or employment.

6. Report to the legislature. The chairman of the corporation shall,
not later than twelve months after the enactment date of this section
and annually thereafter, prepare and submit a report on the status of
the reduction, recycling and recovery of industrial materials as
facilitated by the provisions of this section to the governor and the
legislature. In addition, such report shall include, but not be limited
to the quantities, composition and disposition of hazardous waste
generated by region in the preceding year and the listing of such wastes
feasible to recycle and recover developed pursuant to this section. The
chairman of the corporation shall also report on the scope, status and
efficacy of the program, including the small quantity generator
hazardous waste audit program, and specific recommendations for
continuation of the program; provided, however, such chairman shall
withhold information on the source or nature of particular industrial
materials in such a manner as to protect trade secrets or confidential
information of the generators.

7. Small quantity generator hazardous waste audit program. a. The
corporation shall establish and be responsible for a small quantity
generator hazardous waste audit program. To carry out such program, the
corporation is authorized to obtain the services, as necessary, of waste
management specialists to conduct waste audits at the facilities of
hazardous waste generators that have produced less then one thousand
kilograms of hazardous waste in each of the past twelve calendar months.
The purpose of such audits shall be to provide on-site technical
assistance to aid such generators in complying with New York state's
hazardous waste regulations and to identify and evaluate the potential
for reducing the amount and/or toxicity of hazardous waste generated at
such facilities.

b. Waste audits conducted pursuant to this subdivision may include,
but need not be limited to:

(i) identification of all hazardous wastes generated at the facility;

(ii) identification of the regulatory requirements associated with the
storage, treatment, or disposal of all hazardous wastes generated at the
facility;

(iii) identification of any methodologies, processes, equipment, or
production changes which could be utilized by the facility to reduce the
amount or toxicity of hazardous wastes generated at the facility;

(iv) identification of any on-site recycling or waste treatment
technologies which could be utilized to reduce the amount or toxicity of
hazardous wastes disposed of by the facility; and

(v) identification of any potential markets for hazardous waste
generated by the facility, including the use of waste exchange markets.

c. The corporation shall establish by rule and regulation, upon
consultation with the director of the budget, a sliding fee schedule to
offset the costs of conducting on-site audits. The fee schedule
established pursuant to this section shall be intended to provide
revenues sufficient to meet solely the costs incurred by the corporation
in performing such audits, provided that the corporation may use
technical assistance grants it receives from the federal government,
private foundations, or other institutions to reduce or eliminate fees
charged generators for performing such audits, and further provided that
monies appropriated to the corporation to carry out the purposes of this
subdivision shall not be used to provide financial assistance to waste
generators for the purchase of manufacturing plants or equipment,
property, real or otherwise, engineering or legal services, or any other
cost incident to the actual implementation of a waste reduction or
management project. The chairman of the corporation is authorized and
directed to deposit all monies received in payment of fees under this
subdivision in an account within the miscellaneous special revenue fund.

d. Any person receiving audit services pursuant to this subdivision
shall, within ninety days of the completion of such audit, submit to the
corporation a description of the steps it will take, if any, to
implement any recommended waste reduction, recycling, or treatment
strategies identified in such audit.

e. In implementing the small quantity generator hazardous waste audit
program, the corporation is authorized to:

(i) hire or contract with an appropriate number of hazardous waste
management specialists to conduct on-site waste audits;

(ii) employ such public information methods as are appropriate to
identify and inform eligible hazardous waste generators of the existence
of the waste audit program;

(iii) establish a small quantity generator hazardous waste audit
program application consistent with the policies and goals of this
section; and

(iv) establish by rule and regulation a small quantity generator
hazardous waste audit program application evaluation procedure
consistent with the policies and goals of this section.