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This entry was published on 2014-09-22
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SECTION 71-2727
Enforcement of articles 27 and 71 of this chapter
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 27
§ 71-2727. Enforcement of articles 27 and 71 of this chapter.

1. The commissioner, after investigation, notice and an opportunity to
be heard, may issue, modify and revoke orders prohibiting violations of
any of the provisions of article 27 or 71 or of any rule or regulation
promulgated pursuant thereto and requiring the taking of such remedial
measures as may be necessary or appropriate.

2. The attorney general, on his own initiative, or at the request of
the commissioner, may initiate any appropriate action or proceeding to
enforce any provision of article 27 or 71 or any rule or regulation
promulgated pursuant thereto and any order issued or penalty assessed
pursuant to this title.

3. a. The commissioner, after investigation, notice and an opportunity
to be heard, may issue, modify and revoke orders requiring corrective
action, including corrective action beyond the facility boundary where
necessary to protect human health and the environment, for all releases
of hazardous waste or constituents from any solid waste management unit
at any treatment, storage or disposal facility which is either permitted
or seeking a permit under title 7 or 9 of article 27 of this chapter,
regardless of the time at which waste was placed in such unit.

b. Whenever on the basis of any information the commissioner
determines that there is or has been a release of hazardous waste or
constituents into the environment from a facility which has or has had
interim status according to regulations adopted pursuant to title 7 or 9
of article 27 of this chapter but which has not received a final status
permit pursuant to such regulations, the commissioner may issue an order
requiring corrective action or such other response measures as he deems
necessary to protect human health or the environment.