Title ENV, Environmental Conservation

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

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

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

§ 27-3005. Exemptions and waivers.\n 1. Notwithstanding any inconsistent provision of law, this title shall\nnot apply to:\n (a) Prepackaged food filled or sealed prior to receipt at a covered\nfood service provider; or\n (b) Raw meat, pork, seafood, poultry or fish sold for the …

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

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

§ 27-3101. Waste tracking documents.\n 1. All generators in a city with a population of one million or more\nthat generate construction and demolition debris, as defined in section\n71-2702 of this chapter, shall provide waste transporters with a waste\ntracking document for each…

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

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

§ 27-3205. Violations.\n 1. A hotel that violates a provision of this title shall receive a\nwarning notice for the first such violation, detailing the hotel's\nrequirement to correct the violation within thirty days from the date\nthe notice is sent. A hotel shall be liable to t…

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

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

§ 27-3303. Producer plan.\n 1. No later than December thirty-first, two thousand twenty-five, a\nproducer, either individually or cooperatively with one or more\nproducers, or a representative organization shall submit to the\ndepartment for the department's approval a plan for t…

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

§ 27-3307. Retailer requirements.\n 1. Beginning July first, two thousand twenty-six, no retailer may sell\nor offer for sale carpet in the state unless the producer of such carpet\nis participating in a carpet collection program. A retailer shall be in\ncompliance with this sect…

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

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

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

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

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

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

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

§ 28-0101. Declaration of policy.\n It is declared to be the policy of the state of New York to promote\naffordable and cost effective methods to reduce energy and resource\nconsumption and reduce or eliminate the use of hazardous substances and\nthe generation of such substances…

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

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

§ 28-0107. Powers and duties of the department.\n Consistent with the policy of the state as it is declared in section\n28-0101 of this article, the department shall have the power to:\n 1. Develop, coordinate, implement and measure policies, planning and\nprograms to promote pol…

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

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

§ 28-0112. Pollution prevention institute program.\n 1. There is hereby established the New York state pollution prevention\ninstitute program. The "pollution prevention institute" shall mean an\ninstitute whose mission is to promote one or more of the purposes of\nsection 28-010…

§ 28-0113. Pollution prevention program evaluation.\n Within thirty-six months after the effective date of this article, the\ndepartment shall, in coordination with the environmental facilities\ncorporation and the department of economic development, prepare and\nsubmit to the go…

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

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

§ 29-0105. Certification of site and disposal method selection.\n 1. Upon application by the commission, the department shall certify\nthat the commission's selection of the site or sites and disposal method\nor methods pursuant to section 29-0305 of this article is in conformanc…

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

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

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

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

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

§ 29-0501. Citizen advisory committee on permanent disposal facilities\n siting and disposal method selection.\n 1. A citizen advisory committee on siting and disposal method\nselection for permanent disposal facilities is hereby established\nindependent of the commission and sha…

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

§ 29-0505. General provisions on environmental review and judicial\n review.\nNotwithstanding any other provision of law:\n 1. In the event of any inconsistency between the provisions of this\narticle and the provisions of article eight or seventy of this chapter,\nor regulations…

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

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

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

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

§ 3-0101. Continuation of department.\n The Department of Environmental Conservation, which was established by\nchapter 140 of the Laws of 1970, is hereby continued, and all the\npowers, functions, duties and obligations possessed by the department\npursuant to such chapter immed…

§ 3-0103. Commissioner of environmental conservation.\n The head of the department shall be the Commissioner of Environmental\nConservation, who shall be appointed by the Governor, by and with the\nadvice and consent of the Senate, and hold office at the pleasure of the\nGovernor…

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

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

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