Title ENV, Environmental Conservation

§ 33-0921. Aquatic antifouling paint applicator certification. 1. Notwithstanding any other provision of law or regulation pursuant to this title, a person who is certified by the commissioner as an aquatic antifouling paint applicator may engage in the commercial application of …

§ 33-0922. Aquatic antifouling paint business registration. 1. Notwithstanding any other provision of law or regulation pursuant to this title, an aquatic antifouling paint application business as defined in this title shall register with the commissioner. 2. Applications for aqu…

§ 33-0923. Denial or revocation of certification or registration. The commissioner, after due notice and opportunity of hearing to an applicant, certified applicator, or registered pesticide business or agency, may deny an application or revoke a certificate or registration pursu…

§ 33-0924. Certification and registration fees. All fees established by the commissioner for certification and registration pursuant to this title shall be the same as those established by section 33-0911 of this article.

§ 33-0925. Sanctions. Notwithstanding any other provision of law or regulation pursuant to this title and/or any provision of this article as it relates to the application of aquatic antifouling paints, any person who violates any provision of this title or any rule, regulation o…

§ 33-1001. Requirements and restrictions. 1. Prior to any commercial lawn application the applicator shall enter into a written contract with the owner of the property or his or her agent specifying the approximate date or dates of application, number of applications, and total c…

§ 33-1003. Visual notification. 1. All persons providing commercial lawn application shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers are to be placed so as to be clearly visible to persons immediately outside th…

§ 33-1004. Lawn applications; certain municipalities.\n 1. Notwithstanding any other provision of law to the contrary, any\ncounty not contained entirely within a city, and any city with a\npopulation of one million or more, may, after public hearing, adopt a\nlocal law comprised…

* § 33-1005. Rules and regulations. The commissioner shall have the power to promulgate the rules and regulations necessary and appropriate to carry out the purposes of this title. * NB There are 2 § 33-1005's

* § 33-1005. Commissioner's regulations. For purposes of implementing section 33-1004 of this article in any county not contained entirely within a city or any city with a population of one million or more that has adopted a local law pursuant to such section: 1. The commissioner…

§ 33-1101. Petition for protection of a grape growing area. 1. The requirements for a petition for protection of a grape growing area are as follows: a. The petition must be in a form prescribed by the commissioner; b. The petition must be signed by ten or more grape growers in t…

§ 33-1103. Public hearing. 1. If the commissioner determines that the petition is properly filed, he shall hold a public hearing. 2. The commissioner shall give at least ten days' notice of the time and place at which the hearing will be held, as follows: a. By posting in at leas…

§ 33-1105. Orders. 1. If the commissioner finds, from testimony adduced, that: a. There has been actual damage to grapevines or grape crops within the affected area; and b. Such damage was caused by the use of the chemical substance complained of in the petition, and by that caus…

§ 33-1201. Pesticide sales and use computer data base. 1. a. The department shall develop a pesticide sales and use computer data base. The data base shall be maintained at the department. b. Such data base shall consist of all information compiled from reports submitted to the d…

§ 33-1203. Access to pesticide information. 1. a. The commissioner shall, upon written request of an interested party, in printed or electronic form, as requested by such party provide the information on pesticides submitted to the department pursuant to sections 33-1205 and 33-1…

§ 33-1205. Recordkeeping and reporting. 1. All commercial applicators shall maintain pesticide use records for each pesticide application containing the following: a. EPA registration number; b. product name; c. quantity of each pesticide used; d. date applied; e. location of app…

§ 33-1207. Recordkeeping and reporting by importers and manufacturers. 1. Each person manufacturing or compounding a registered restricted use pesticide in this state, or importing or causing a registered restricted use pesticide to be imported into this state for use, distributi…

§ 33-1301. Unlawful acts.\n It shall be unlawful:\n 1. For any person to distribute, sell, offer for sale or use within\nthis state or deliver for transportation or transport in intrastate\ncommerce or between points within this state through any point outside\nthis state any of …

§ 33-1303. Registration not a defense. In no event shall registration of a pesticide, be construed as a defense for the commission of any offense prohibited under subdivisions 1 through 7 of section 33-1301.

§ 33-1501. Pesticides which may be seized. 1. Any pesticide that is distributed, sold, offered for sale or used within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state may be …

§ 33-1503. Procedure following seizure. 1. Whenever the commissioner finds, or has probable cause to believe, that any pesticide is adulterated or misbranded or improperly labeled, or is not colored within the meaning of this article, or is not registered as required under this a…

§ 34-0101. Statement of findings. 1. Certain sections of the coastline of the state of New York are prone to erosion from action of the adjacent water bodies. Such erosion may be caused by the action of waves, currents running along the shore, tides, wind-driven water and ice as …

§ 34-0102. Declaration of policy. It is declared to be the public policy of the state of New York that: 1. Those areas of the state's coastline most prone to erosion hazards should be identified. 2. Any activities, development or other actions in such erosion hazard areas should …

§ 34-0103. Definitions. 1. "Activities or development" shall mean any land use, construction or placement by any person of a structure, or any action which materially alters the condition of land, including grading and excavating or other disturbance of soil. The term shall inclu…

§ 34-0104. Identification of coastal erosion hazard areas. 1. The commissioner shall as soon as practicable, but no later than thirty months after the effective date of this article, after the adoption of rules and regulations pursuant to subdivision one of section 34-0108 of thi…

§ 34-0105. Local regulation of coastal erosion hazard areas. 1. Within six months after the date on which a final identification of an erosion hazard area is filed with the clerk of a city, town or village pursuant to subdivision three of section 34-0104 of this article, such cit…

§ 34-0106. County regulation of coastal erosion hazard areas. 1. If a city, other than a city which wholly includes one or more counties, a town or village fails to submit an erosion hazard area ordinance or local law to the commissioner within the time specified in subdivision o…

§ 34-0107. Department regulation of coastal erosion hazard areas. 1. If a city which wholly includes one or more counties fails to submit an erosion hazard area local law or ordinance to the commissioner within the time specified in subdivision one of section 34-0105 of this arti…

§ 34-0108. Rules and regulations. 1. After consultation with affected state agencies and representatives of local governments, and after conducting public hearings and review of any other comments submitted, the commissioner shall adopt rules and regulations implementing the prov…

§ 34-0109. Administration; applications for permits. 1. Applicability. (a) Where the commissioner has, pursuant to subdivision one of section 34-0107 of this article, issued regulations which apply the minimum standards promulgated pursuant to section 34-0108 of this article to a…

§ 34-0110. Provision of technical assistance. The commissioner shall encourage and assist affected local governments in the preparation and implementation of erosion hazard area ordinances and local laws. When an erosion hazard area has been identified pursuant to section 34-0104…

§ 34-0111. Severability. The provisions of this article shall be severable, and if any clause, sentence, paragraph, subdivision or part of this article shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the…

§ 34-0112. Judicial review. Any person aggrieved by an act, order, determination or decision of the commissioner made pursuant to this article may seek judicial review pursuant to article seventy-eight of the civil practice law and rules in the supreme court for the county in whi…

§ 34-0113. Applicability. The provisions of this article shall not apply to any activities or development for which final approval shall have been obtained from the local government or other authorities having jurisdiction over such activities or development, if such final approv…

§ 35-0101. Scope of article. By the enactment of this article the state fully exercises the exclusive right to regulate and control the labelling and ingredients of household cleansing products distributed, sold, offered, or exposed for sale in this state, within the scope and li…

§ 35-0103. Definitions. The following terms, whenever used or referred to in this article, shall have the following meaning unless a different meaning clearly appears from the context: 1. "Household cleansing product" means any product, including but not limited to soaps and dete…

§ 35-0105. Distribution and sale of household cleansing products; possession or use of household cleansing products containing phosphorus by commercial establishments restricted. 1. No person shall distribute, sell, offer or expose for sale in this state any household cleansing p…

§ 35-0107. Powers and duties of commissioner. 1. The commissioner is hereby authorized to promulgate regulations requiring manufacturers of household cleansing products distributed, sold or offered for sale in this state, to furnish to the commissioner for the public record as he…

§ 35-0109. Notice of public hearing held pursuant to this article; hearing procedure. 1. Notice of public hearing shall be by publication in two newspapers most likely to give notice to the people of this state of such hearings at least once in each of three successive weeks, pro…

§ 36-0101. Declaration of findings. The legislature finds and declares that: 1. It is in the interest of the people of this state to provide for participation in the national flood insurance program as enacted by the congress of the United States; 2. The essence of the national f…

§ 36-0103. Definitions. 1. "Area of special flood hazard" means any area subject to a one percent or greater chance of flooding in any given year as determined by the federal emergency management agency. 2. "Local government with land use jurisdiction" means a city; a town as to …

§ 36-0105. Local responsibility. 1. Every local government with land use jurisdiction over any area of special flood hazard that was, prior to the effective date of this article, a participant in the national flood insurance program shall continue to maintain such participation i…

§ 36-0107. Powers of local governments. Notwithstanding any other law: 1. All local governments with land use jurisdiction over any area of special flood hazard shall, and are authorized to, take any action necessary to achieve and maintain participation in the national flood ins…

§ 36-0109. Sanctions. Any local government with land use jurisdiction that fails to qualify for participation in the national flood insurance program, or that has had its participation terminated by the federal emergency management agency, faces sanctions under federal law includ…

§ 36-0111. Flood hazard evaluation of state facilities, lands and programs. 1. State agencies shall take affirmative action to minimize flood hazards and losses in connection with state-owned and state-financed buildings, roads and other facilities, the disposition of state land …

§ 36-0113. Miscellaneous. 1. In order to assure the continued availability of flood insurance in any community described in subdivision two or four of section 36-0105 of this article while it completes the process of qualifying as a participant in the national flood insurance pro…

§ 37-0101. Definitions. As used in this article, unless the context requires otherwise: 1. "Oral LD (rat) toxicity" means a calculated dose of a substance which is expected to cause the death of fifty percent of an experimental rat population when administered orally. 2. "Inhalat…

§ 37-0103. Lists of substances hazardous or acutely hazardous to public health, safety or the environment. 1. No later than two years from the date on which this section as hereby amended takes effect, the commissioner shall promulgate and thereafter from time to time amend regul…

§ 37-0105. Rules and regulations. The department is hereby authorized to promulgate rules and regulations pertaining to the storage and release to the environment of substances hazardous or acutely hazardous to public health, safety or the environment. Such rules and regulations …

§ 37-0107. Prohibition against storage or release. No person shall store or release to the environment substances hazardous or acutely hazardous to public health, safety or the environment in contravention of rules and regulations promulgated pursuant hereto.