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This entry was published on 2014-09-22
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SECTION 39-0107
Powers and duties of the commissioner
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 39
§ 39-0107. Powers and duties of the commissioner.

1. The commissioner shall, within three calendar months after the
effective date of this article, promulgate regulations establishing
methods for indentification and quantification of ingredients in sewage
system cleaners and additives used in restricted geographical areas.

2. The commissioner shall, within three calendar months after the
effective date of this article, promulgate regulations requiring
manufacturers of sewage system cleaners or additives distributed, sold
or offered for sale in restricted geographical areas to furnish to the
commissioner existing information regarding chemical components
including the nature and extent of investigations and research performed
by the manufacturer concerning the effects of such products on the
quality of groundwaters, provided, however, that in lieu of furnishing
said information, such manufacturers may refer the commissioner to any
federal or state agency which has obtained said information, to the
extent that said information is available to the commissioner from any
such agency.

3. Whenever the commissioner finds, after investigation and public
hearing, that any ingredient other than a restricted chemical material
in a sewage system cleaner or additive distributed, sold, offered or
exposed for sale in restricted geographical areas is likely to have a
dangerous, deleterious or injurious effect upon the public health or
environment, he shall prohibit or restrict in restricted geographical
areas the sale, distribution, offer or exposure for sale or use by any
person of sewage system cleaners or additives containing such
ingredients.

4. The commissioner shall hold confidential any information obtained
pursuant to subdivision two of this section when shown by any
manufacturer that such information, if made public, would divulge
competitive business information, methods or processes entitled to
protection as trade secrets of such manufacturers.