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SECTION 1285-I
Commercial and industrial waste audits
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 12
§ 1285-i. Commercial and industrial waste audits. a. The corporation
shall establish and be responsible for administration of a commercial
and industrial waste audit program to help businesses identify and
evaluate the potential at their New York facilities for reducing the
amount of solid waste generated, increasing new materials recovery
programs and otherwise reducing the amount of waste ultimately requiring
disposal. The corporation shall in implementing said waste audit program
coordinate activities with and actively foster the waste exchange
program of the corporation and other waste reduction programs as is
appropriate, and is further authorized to obtain the services, as
necessary, of waste management specialists to conduct such waste audits.

b. In implementing the commercial and industrial waste audit program,
the corporation shall:

(i) establish an application process consistent with the rules and
regulations of the program;

(ii) establish by rule and regulation a commercial and industrial
solid waste audit program application evaluation procedure consistent
with the requirements of this section; and

(iii) establish by rule and regulation, upon consultation with the
director of the budget, a sliding fee schedule to offset the costs of
the audit. 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. The chairman is
authorized and directed to deposit all money received in payment of fees
under this section in an account within the miscellaneous special
revenue fund.

c. Waste audits conducted pursuant to this section may include but
need not be limited to identification of:

(i) all waste generated within the facility;

(ii) the regulatory requirements associated with the recovery, reuse
or disposal of such waste, and the implications of such requirements for
various reduction and reuse options;

(iii) any methodologies, processes, equipment, or production changes
that could be utilized to reduce the amount of waste generated and
consumer waste resulting from the product, process or service
manufactured, distributed or sold;

(iv) on site recycling or waste treatment technologies that could be
utilized to reduce the need for waste disposal capacity;

(v) potential markets for waste generated by the facility, including
local materials recycling programs, and the ability of such markets to
readily absorb the wastes generated by such facility; and

(vi) economic practicality of alternative waste reduction strategies.

d. Any person for whom a waste audit is prepared shall within one
hundred eighty days submit to the corporation findings with respect to
the report and the status of steps to implement any recommended
strategies identified in such audit.

e. Beginning January first, nineteen hundred eighty-nine, the chairman
shall make an annual report concerning the activities undertaken
pursuant to this section which shall include, at a minimum (i) the
number of businesses which received assistance, (ii) the nature of
assistance provided through the programs, (iii) needs and problems
confronted by such businesses in establishing and implementing programs,
and (iv) the number of businesses which applied for assistance. The
chairman shall submit to the director of the division of the budget, the
chairman and the ranking minority member of the senate finance committee
and the chairman and the ranking minority member of the assembly ways
and means committee an evaluation of the program prepared by an entity
independent of the authority. Such evaluation shall be submitted by
September first, nineteen hundred ninety and by September first every
two years thereafter.