N.Y. ENV Law § 27-1907

§ 27-1907. Abatement of noncompliant waste tire stockpiles.\n 1. No later than one year from the effective date of this title, the\ndepartment shall prepare and submit to the governor and the legislature\na comprehensive plan designed to abate all noncompliant waste tire\nstockpiles by December thirty-first, two thousand ten. This plan shall\nestablish a noncompliant waste tire stockpile abatement priority list\nand schedule for abatement of each noncompliant waste tire stockpile\nbased on potential adverse impacts upon public health, safety or\nwelfare, the environment, or natural resources. The plan shall also\ninclude a census of compliant and non-compliant waste tire stockpiles in\nthe state and the number of waste tires believed to be stored at each\nsite.\n 2. The owner or operator of a noncompliant waste tire stockpile shall,\nat the department's request, submit to and/or cooperate with any and all\nremedial measures necessary for the abatement of noncompliant waste tire\nstockpiles with funds from the waste management and cleanup fund\npursuant to section ninety-two-bb of the state finance law.\n 3. No later than two years from the effective date of this title, the\ndepartment shall publish requests for proposals to seek contractors to\nprepare whole and mechanically processed waste tires situated at\nnoncompliant waste tire stockpiles for arrangement in accordance with\nfire safety requirements and for removal for appropriate processing,\nrecycling or beneficial use. Disposal will be considered only as a last\noption. The expenses of remedial and fire safety activities at a\nnoncompliant waste tire stockpile shall be paid by the person or persons\nwho owned, operated or maintained the noncompliant waste tire stockpile,\nor from the waste management and cleanup fund and shall be a debt\nrecoverable by the state from all persons who owned, operated or\nmaintained the noncompliant waste tire stockpile, and a lien and charge\nmay be placed on the premises upon which the noncompliant waste tire\nstockpile is maintained and upon any real or personal property,\nequipment, vehicles, and inventory controlled by such person or persons.\nMoneys recovered shall be paid to the waste management and cleanup fund\nestablished pursuant to section ninety-two-bb of the state finance law.\n 4. If execution upon a judgment for the recovery of the expenses of\nany such remedial and fire safety activities at a noncompliant waste\ntire stockpile is returned wholly or partially unsatisfied, such\njudgment, if docketed in the place and manner required by law to make a\njudgment of a court of record a lien upon real property, shall be a\nfirst lien upon such premises, having preference over all other liens\nand encumbrances whatever. Notwithstanding the foregoing, such lien\nshall not have preference over any mortgage or other encumbrance for the\nbenefit of the state of New York or a public benefit corporation\nthereof.\n 5. The department shall make all reasonable efforts to recover the\nfull amount of any funds expended from the waste management and cleanup\nfund for abatement or remediation through litigation or cooperative\nagreements. Any and all moneys recovered, repaid or reimbursed pursuant\nto this section shall be deposited with the comptroller and credited to\nsuch fund.\n 6. The department shall have authority to enter all noncompliant waste\ntire stockpiles for the purpose of investigation and abatement.\n