Title ENV, Environmental Conservation

* § 27-2909. Disposal prohibition. 1. No transporter shall knowingly commingle mercury-added thermostats with solid waste or recyclable materials. 2. No transporter shall knowingly deliver mercury-added thermostats or knowingly cause such materials to be delivered to: (a) an inci…

§ 27-3001. Definitions. For the purposes of this title, the following terms shall have the following meanings: 1. "Covered food service provider" means a person engaged in the business of selling or distributing prepared food or beverages for on-premise or off-premise consumption…

§ 27-3003. Expanded polystyrene foam containers and polystyrene loose fill packaging ban. 1. (a) Beginning January first, two thousand twenty-two, no covered food service provider or store shall sell, offer for sale, or distribute disposable food service containers that contain e…

§ 27-3005. Exemptions and waivers. 1. Notwithstanding any inconsistent provision of law, this title shall not apply to: (a) Prepackaged food filled or sealed prior to receipt at a covered food service provider; or (b) Raw meat, pork, seafood, poultry or fish sold for the purpose …

§ 27-3007. Preemption. 1. Except as provided in subdivisions two and three of this section, this title shall supersede and preempt all local laws, ordinances or regulations governing the sale, offer for sale, or distribution of disposable food service containers or containers des…

§ 27-3009. Severability. If any clause, sentence, paragraph, section or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to…

§ 27-3101. Waste tracking documents. 1. All generators in a city with a population of one million or more that generate construction and demolition debris, as defined in section 71-2702 of this chapter, shall provide waste transporters with a waste tracking document for each cons…

§ 27-3201. Definitions. As used in this title: 1. "Hotel" means a building or portion of a building which is regularly used and kept open as such for the lodging of guests. Hotel includes an apartment hotel, a motel or a boarding house, whether or not meals are served. 2. "Hospit…

§ 27-3203. Small plastic bottle hospitality personal care products. Effective January first, two thousand twenty-five for all hotels with fifty rooms or more and January first, two thousand twenty-six for all hotels with less than fifty rooms, a hotel shall not provide any small …

§ 27-3205. Violations. 1. A hotel that violates a provision of this title shall receive a warning notice for the first such violation, detailing the hotel's requirement to correct the violation within thirty days from the date the notice is sent. A hotel shall be liable to the st…

§ 27-3207. Preemption of local law. Jurisdiction in all matters pertaining to restrictions on the provision of small plastic bottle hospitality personal care products is vested exclusively in the state.

§ 27-3301. Definitions. For the purposes of this title, the following terms shall have the following meanings: 1. "Brand" means a name, symbol, word, or mark that attributes the product to the owner or licensee of the brand as the producer. 2. "Carpet" means a manufactured articl…

§ 27-3303. Producer plan. 1. No later than December thirty-first, two thousand twenty-five, a producer, either individually or cooperatively with one or more producers, or a representative organization shall submit to the department for the department's approval a plan for the es…

§ 27-3305. Producer responsibilities. 1. Beginning not later than July first, two thousand twenty-six, the producer or representative organization shall implement the carpet collection program utilizing collection sites established pursuant to paragraph (d) of subdivision four of…

§ 27-3307. Retailer requirements. 1. Beginning July first, two thousand twenty-six, no retailer may sell or offer for sale carpet in the state unless the producer of such carpet is participating in a carpet collection program. A retailer shall be in compliance with this section i…

§ 27-3309. Department responsibilities. 1. The department shall (a) maintain a list of producers who are implementing or participating pursuant to section 27-3303 of this title, (b) maintain a list of each such producer's brands, and (c) post such lists on the department's websit…

§ 27-3311. Carpet stewardship advisory board. 1. There is hereby established within the department the carpet stewardship advisory board to make recommendations to the commissioner regarding producer plans required by this title. 2. The board shall be composed of thirteen voting …

§ 27-3313. Labeling and design requirements. 1. On and after one year after the plan is approved by the department pursuant to section 27-3309 of this title, carpet sold or offered for sale in the state shall be accompanied by the following identifying information: (a) Name of th…

§ 27-3315. Post-consumer content requirements. All carpet sold in the state shall be manufactured with the following minimum amounts from post-consumer sources: 1. within one year after the plan is approved by the department pursuant to section 27-3309 of this title, a minimum of…

§ 27-3317. Penalties. Any producer, representative organization, or retailer who violates any provision of or fails to perform any duty imposed pursuant to this title shall be liable for a civil penalty not to exceed five hundred dollars for each violation and an additional penal…

§ 27-3319. Limits on liability for antitrust, restraint of trade, or unfair trade practices. 1. A producer, representative organization, or retailer shall not be liable for any claim of a violation of antitrust, restraint of trade, or unfair trade practice laws arising from the p…

§ 27-3321. Rules and regulations. The department is authorized to promulgate any rules and regulations necessary to implement this title.

§ 28-0101. Declaration of policy. It is declared to be the policy of the state of New York to promote affordable and cost effective methods to reduce energy and resource consumption and reduce or eliminate the use of hazardous substances and the generation of such substances, pol…

§ 28-0103. Declaration of purpose. It is the purpose of this article to: 1. promote pollution prevention as a means for preventing the risks associated with the use and production of hazardous substances, including risks to public health and the environment; 2. promote pollution …

§ 28-0105. Definitions. As used in this article, the following words and phrases shall mean: 1. "Hazardous substance" shall mean any substance listed as a substance hazardous to public health, safety or the environment in regulations promulgated pursuant to article 37 of this cha…

§ 28-0107. Powers and duties of the department. Consistent with the policy of the state as it is declared in section 28-0101 of this article, the department shall have the power to: 1. Develop, coordinate, implement and measure policies, planning and programs to promote pollution…

§ 28-0109. Small business pollution prevention and environmental compliance assistance program. 1. The commissioner is hereby authorized and directed to establish, develop and implement a small business pollution prevention and environmental compliance assistance program. The pur…

§ 28-0111. Pollution prevention and environmental compliance coordinating council. 1. There is hereby established a pollution prevention and environmental compliance coordinating council which shall: a. provide guidance to the department on the development and implementation of p…

§ 28-0112. Pollution prevention institute program. 1. There is hereby established the New York state pollution prevention institute program. The "pollution prevention institute" shall mean an institute whose mission is to promote one or more of the purposes of section 28-0103 of …

§ 28-0113. Pollution prevention program evaluation. Within thirty-six months after the effective date of this article, the department shall, in coordination with the environmental facilities corporation and the department of economic development, prepare and submit to the governo…

§ 29-0101. Definitions. For the purposes of this article: 1. "Low-level radioactive waste" means radioactive material that: a. is not high-level radioactive waste, transuranic waste, spent nuclear fuel, or the tailings or wastes produced by the extraction or concentration of uran…

§ 29-0103. Siting criteria for permanent disposal facilities. 1. No later than July thirty-first, nineteen hundred eighty-seven, the department shall publish draft regulations which specify the criteria for siting permanent disposal facilities and shall promulgate final regulatio…

§ 29-0105. Certification of site and disposal method selection. 1. Upon application by the commission, the department shall certify that the commission's selection of the site or sites and disposal method or methods pursuant to section 29-0305 of this article is in conformance wi…

* § 29-0301. Appointment of the commission. 1. There is hereby created a commission for siting low-level radioactive waste disposal facilities. The commission shall consist of seven members appointed by the governor whose appointment shall be effective when issued. The members of…

* § 29-0303. Duties of the commission. 1. The commission shall immediately commence the preparation of a siting and disposal method selection which shall, upon certification by the department, be the site or sites and method or methods for permanent disposal facilities which shal…

* § 29-0305. Operation of the commission. 1. The commission may hire or contract with such persons as it deems necessary, convenient, or desirable to carry out its duties pursuant to this title. 2. Officers and employees of the commission shall be appointed in accordance with civ…

* § 29-0307. Cooperation with other agencies. 1. All agencies and authorities of the state, municipalities, and political subdivisions of the state are hereby directed to cooperate with the commission in order to facilitate and expedite the responsibilities and duties of the comm…

* § 29-0309. Tenure of the commission. The commission shall continue in existence only until final judicial review of the department's certification of the commission's selection pursuant to section 29-0105 of this article. * NB Commission existence pursuant to this section.

§ 29-0501. Citizen advisory committee on permanent disposal facilities siting and disposal method selection. 1. A citizen advisory committee on siting and disposal method selection for permanent disposal facilities is hereby established independent of the commission and shall con…

§ 29-0503. State agency actions on licenses, permits, or approvals for low-level radioactive waste management facilities. 1. With respect to any particular permanent disposal facilities, all applications for state licenses, permits, or other approvals required for those facilitie…

§ 29-0505. General provisions on environmental review and judicial review. Notwithstanding any other provision of law: 1. In the event of any inconsistency between the provisions of this article and the provisions of article eight or seventy of this chapter, or regulations issued…

§ 29-0507. State licenses, permits, and other approvals exclusive. Notwithstanding any other provision of law, no county, city, village, town, or special district, or any agency or instrumentality thereof, may prohibit, or require any license, permit, other approval, or condition…

§ 29-0509. Aid to local governments. No later than the first day of April, nineteen hundred eighty-seven, the department shall submit to the legislature and the governor a report recommending appropriate forms of state aid to local governmental units within the boundaries of whic…

§ 29-0701. Financial requirements for low-level radioactive waste disposal facilities. 1. Within eighteen months after the effective date of this section, the commissioner shall promulgate regulations applicable to facilities for the permanent disposal of low-level radioactive wa…

§ 29-0703. Closure and post-closure plans. 1. Any permits for such facilities for the management of low-level radioactive waste issued by the department shall require owners and operators of facilities for the permanent disposal of low-level radioactive waste to submit to the dep…

§ 3-0101. Continuation of department. The Department of Environmental Conservation, which was established by chapter 140 of the Laws of 1970, is hereby continued, and all the powers, functions, duties and obligations possessed by the department pursuant to such chapter immediatel…

§ 3-0103. Commissioner of environmental conservation. The head of the department shall be the Commissioner of Environmental Conservation, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold office at the pleasure of the Governor by w…

* § 3-0105. Offices of department. The principal office of the department shall be in the County of Albany. * NB Effective prior to Dept. of Environmental Conservation moving to the city of Albany * § 3-0105. Offices of the department. The principal office of the department shall…

§ 3-0107. Organization of department; officers and employees. 1. Notwithstanding any inconsistent provision of law the commissioner may, from time to time, create, abolish, transfer and consolidate divisions, bureaus, field offices and other units within the department, including…

§ 3-0109. Eligibility for certain offices. No person shall be eligible for or shall continue to hold the office of commissioner, deputy commissioner, secretary to the department, if any there be, or head of a division who is engaged in the business of lumbering in any forest pres…