Title ENV, Environmental Conservation

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

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

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

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

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

§ 33-1001. Requirements and restrictions.\n 1. Prior to any commercial lawn application the applicator shall enter\ninto a written contract with the owner of the property or his or her\nagent specifying the approximate date or dates of application, number of\napplications, and to…

§ 33-1003. Visual notification.\n 1. All persons providing commercial lawn application shall affix\nmarkers to be placed within or along the perimeter of the area where\npesticides will be applied. Markers are to be placed so as to be clearly\nvisible to persons immediately outsi…

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

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

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

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

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

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

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

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

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

§ 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.\n In no event shall registration of a pesticide, be construed as a\ndefense for the commission of any offense prohibited under subdivisions\n1 through 7 of section 33-1301.\n

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

§ 33-1503. Procedure following seizure.\n 1. Whenever the commissioner finds, or has probable cause to believe,\nthat any pesticide is adulterated or misbranded or improperly labeled,\nor is not colored within the meaning of this article, or is not\nregistered as required under t…

§ 34-0101. Statement of findings.\n 1. Certain sections of the coastline of the state of New York are\nprone to erosion from action of the adjacent water bodies. Such erosion\nmay be caused by the action of waves, currents running along the shore,\ntides, wind-driven water and ic…

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

§ 34-0103. Definitions.\n 1. "Activities or development" shall mean any land use, construction\nor placement by any person of a structure, or any action which\nmaterially alters the condition of land, including grading and\nexcavating or other disturbance of soil. The term shall …

§ 34-0104. Identification of coastal erosion hazard areas.\n 1. The commissioner shall as soon as practicable, but no later than\nthirty months after the effective date of this article, after the\nadoption of rules and regulations pursuant to subdivision one of section\n34-0108 o…

§ 34-0105. Local regulation of coastal erosion hazard areas.\n 1. Within six months after the date on which a final identification of\nan erosion hazard area is filed with the clerk of a city, town or\nvillage pursuant to subdivision three of section 34-0104 of this\narticle, suc…

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

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

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

§ 34-0109. Administration; applications for permits.\n 1. Applicability. (a) Where the commissioner has, pursuant to\nsubdivision one of section 34-0107 of this article, issued regulations\nwhich apply the minimum standards promulgated pursuant to section\n34-0108 of this article…

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

§ 34-0111. Severability.\n The provisions of this article shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this article shall be\nadjudged invalid by a court of competent jurisdiction, such order or\njudgment shall be confined in its operation t…

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

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

§ 35-0101. Scope of article.\n By the enactment of this article the state fully exercises the\nexclusive right to regulate and control the labelling and ingredients of\nhousehold cleansing products distributed, sold, offered, or exposed for\nsale in this state, within the scope a…

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

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

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

§ 35-0109. Notice of public hearing held pursuant to this article;\n hearing procedure.\n 1. Notice of public hearing shall be by publication in two newspapers\nmost likely to give notice to the people of this state of such hearings\nat least once in each of three successive week…

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

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

§ 36-0105. Local responsibility.\n 1. Every local government with land use jurisdiction over any area of\nspecial flood hazard that was, prior to the effective date of this\narticle, a participant in the national flood insurance program shall\ncontinue to maintain such participat…

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

§ 36-0109. Sanctions.\n Any local government with land use jurisdiction that fails to qualify\nfor participation in the national flood insurance program, or that has\nhad its participation terminated by the federal emergency management\nagency, faces sanctions under federal law i…

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

§ 36-0113. Miscellaneous.\n 1. In order to assure the continued availability of flood insurance in\nany community described in subdivision two or four of section 36-0105 of\nthis article while it completes the process of qualifying as a\nparticipant in the national flood insuranc…

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

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

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

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