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This entry was published on 2014-09-22
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SECTION 27-1517
Permits for storage, transportation, treatment or disposal of regulated medical waste
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 15
§ 27-1517. Permits for storage, transportation, treatment or disposal of

regulated medical waste.

1. In order to assure that permits authorizing the storage,
transportation, treatment or disposal of regulated medical waste are not
issued to or held by unqualified or unsuitable persons, the commissioner
may, consistent with articles twenty-three and twenty-three-a of the
correction law, and the provisions of section 70-0115 of this chapter,
deny, suspend, revoke or modify any permit, renewal or modification
thereto for the storage, transportation, treatment or disposal of
regulated medical waste, upon a written determination that such action
is required to protect the public health and safety and that:

a. The permit holder or applicant has been finally determined in an
administrative, civil or criminal proceeding to have violated any
provision of this article, any related order or determination of the
commissioner, any regulation promulgated pursuant to this article, a
material condition of any permit issued thereunder, or of any
substantially similar statute, regulation, order or permit condition of
the federal or other state government relating to the handling, storing,
treating, disposing or transporting of solid, hazardous, infectious,
medical or regulated medical waste; or

b. Such permit holder or applicant has been previously denied a permit
for the same or substantially similar activity based upon one or more of
the provisions of this subdivision; or

c. Such permit holder or applicant has been found in a civil
proceeding to have committed a negligent or intentionally tortious act
in relation to the handling, storing, treating, disposing or
transporting of solid, hazardous, infectious, medical or regulated
medical waste, or has been convicted in a criminal proceeding of a crime
involving the handling, storing, treating, disposing or transporting of
solid, hazardous, infectious, medical or regulated medical waste,
provided, however, that where such conviction is of a criminal offense
under the laws of any other state or of the United States, such offense
would constitute a crime under the laws of this state; or

d. Such permit holder has been convicted of a felony under the laws of
this state involving fraud, bribery, perjury, or theft, or has been
convicted under the laws of any other state or of the United States of a
criminal offense which, if committed and prosecuted in this state, would
constitute a similar felony under such laws of this state.

e. Such permit holder or applicant, in any matter within the
jurisdiction of the department, has been determined to have knowingly
falsified a material fact, or knowingly submitted a false statement, or
knowingly made use of a false statement in connection with any document
or application submitted to the department; or

f. Such permit holder or applicant is either:

(i) an individual who had a substantial interest in or acted as a high
managerial agent or director for any corporation, partnership,
association or organization which committed an act or failed to act, and
such act or failure to act could be the basis for the denial of a permit
pursuant to this section or regulations promulgated thereunder if such
corporation, partnership, association or organization applied for a
permit under this title; or

(ii) a corporation, partnership, association, or organization, or any
principal thereof, or any person holding a substantial interest therein,
which committed an act or failed to act, and such act or failure to act
could be the basis for the denial of a permit pursuant to this section
or regulations promulgated thereunder if such corporation, partnership,
association or organization applied for a permit under this title; or

(iii) a corporation, partnership, association or organization or any
high managerial agent or director thereof, or any person holding a
substantial interest therein, acting as high managerial agent or
director for or holding a substantial interest in another corporation,
partnership, association or organization which committed an act or
failed to act, and such act or failure to act could be the basis for the
denial of a permit pursuant to this section or regulations promulgated
thereunder had such other corporation, partnership, association or
organization applied for a permit under this title.

For the purposes of this subdivision, "high managerial agent" has the
same meaning as is given that term in section 20.20 of the penal law.

2. Any act or failure to act which serves as a basis for denial or
revocation of a permit pursuant to this subdivision shall have occurred
within five years from the date on which the application for a permit,
renewal or modification is submitted to the department or from the date
on which the department serves notice of intent to revoke or modify a
permit issued by the department in relation to an existing permit.

3. Any person denied a permit, renewal or modification on the grounds
specified in this section shall be entitled to a hearing within sixty
days of such denial in the case of a new permit, or within fifteen days
in the case of a renewal or modification of any existing permit. The
conduct of such hearing shall be governed by article 70 of this chapter
and regulations promulgated thereunder.