§ 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.