Title ENV, Environmental Conservation

§ 38-0103. 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. "Chlorofluorocarbon compounds" shall mean one or more of the following substances used alone…

§ 38-0105. Distribution and sale of products containing chlorofluorocarbon compounds. 3. The commissioner shall be prepared to implement regulations developed pursuant to section 38-0107 of this chapter limiting or prohibiting the distribution, sale, or offer or exposure for sale…

§ 38-0107. Regulation of the use of chlorofluorocarbon compounds. 1. The commissioner shall by regulation provide that: (a) On and after January first, nineteen hundred ninety-one, no person repairing or servicing motor vehicle air conditioners shall knowingly vent into the atmos…

§ 38-0109. Notice of public hearing. Notice of public hearing shall be by publication in two newspapers likely to give notice to the people of the state of such hearings at least once in each of three successive weeks. In addition, the commissioner shall give notice by letter to …

§ 38-0111. Severability. The provisions of this act shall be severable, and if any clause, sentence, paragraph, subdivision or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remaind…

§ 39-0101. Declaration of policy. It is declared to be the public policy of this state to prevent the pollution of water resources in restricted geographical areas through the use of sewage system cleaners and additives by establishing a regulatory program restricting the use of …

§ 39-0103. Definitions. The following terms, whenever used or referred to in this article, shall have the following meanings: 1. "Sewage system cleaner" means (a) any solid or liquid material intended or used primarily for the purpose of cleaning, treating, or unclogging any part…

§ 39-0105. Prohibition of sale and use. 1. No person shall distribute, sell, offer or expose for sale in restricted geographical areas any sewage system cleaner or additive containing any restricted chemical material in excess of one part per hundred by weight. 2. No person shall…

§ 39-0107. Powers and duties of the commissioner. 1. The commissioner shall, within three calendar months after the effective date of this article, promulgate regulations establishing methods for indentification and quantification of ingredients in sewage system cleaners and addi…

§ 40-0101. Legislative findings and declarations. The legislature finds and declares that the lands, water and air of New York state constitute an irreplaceable resource upon which is founded the well-being of public health, economic vitality and the state's environment. These re…

§ 40-0103. Applicability. This article applies to all storage facilities which are used for the storage of hazardous substances, except that this article shall not apply to any storage facilities, regulated under: 1. Title 7, 9 or 11 of article 27 of this chapter; 2. The Natural …

§ 40-0105. Definitions. 1. "Abandoned storage facility" means a storage facility which is no longer being maintained in accordance with this article or the regulations promulgated thereunder. 2. "Authorization" means the possession, where required, of a valid license, permit or c…

§ 40-0107. Registration and fees. 1. On or before July first, nineteen hundred eighty-seven, the department shall promulgate a schedule of registration fees per storage facility for the cost of inspecting such facilities and based on the size and type of such facilities, which sh…

§ 40-0109. Access to records and facilities. 1. To carry out the purpose of this article and any rule, regulation or order issued thereunder, the department may, at reasonable times: a. have the right to entry to, upon, or through any storage facility in which a hazardous substan…

§ 40-0111. Corrective actions and reporting. 1. Where a release of any hazardous substance is suspected or appears probable, the department may order the owner to inspect any storage facility, location and/or associated equipment suspected to be the source of the release and to t…

§ 40-0113. Rules and regulations. 1. The department, on or before July first, nineteen hundred eighty-eight, shall promulgate rules and regulations to implement this article. Such rules and regulations may differ as required based on the nature of the hazardous substance stored, …

§ 40-0115. Sales of hazardous substances. 1. The manufacturer or distributor of a hazardous substance must provide the operator of the storage facility which purchases such substances with technical guidance and recommended practices for the storage and handling of such substance…

§ 40-0117. Compliance with regulations. It shall be unlawful to operate, maintain or close a storage facility other than in compliance with the regulations promulgated pursuant to this article.

§ 40-0119. Trade secret information. Disclosure to the public by the department of any information required to be provided under this article which is claimed to be a trade secret or confidential business information, shall be treated as such pursuant to the provisions of the fre…

§ 40-0121. Preemption and delegation. 1. Any local law or ordinance which is inconsistent with any provision of this article or any rule or regulation promulgated thereunder shall be preempted. 2. Notwithstanding subdivision one of this section, the department may approve and for…

§ 40-0123. Severability. The provisions of this article shall be severable and if any phrase, clause, sentence or provision of this article, or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this article and the application thereof…

§ 41-0101. Sixth park region; definition. The sixth region shall consist of the counties of Hamilton and Essex and those portions of the counties of Saint Lawrence, Lewis, Oneida, Clinton, Franklin, Herkimer, Fulton, Ulster, Saratoga, Warren, Washington, Greene, Delaware and Sull…

§ 41-0103. Regulation of navigation. The department shall, within the sixth park region, administer articles 3 and 11 of the Navigation Law.

§ 41-0105. Acquisition, maintenance and operation of parks, state recreational and historic facilities and services. The department shall, within the sixth park region, consistent with section 9-0109 of this chapter, acquire, establish, maintain and operate parks, state recreatio…

§ 41-0107. Approval of certain applications and projects. Approval by the commissioner shall be required for all applications for funds under, and for all projects undertaken pursuant to the following provisions of the Conservation Law, if the funds are to be used, or the project…

§ 42-0101. Definitions. 1. "Partnership" shall mean the organization established as the Historic Hudson-Hoosic Rivers Partnership pursuant to section 42-0103 of this article. 2. "Reserve" shall mean a region in which there is a combination of publicly and privately owned lands an…

§ 42-0103. The Historic Hudson-Hoosic Rivers Partnership. 1. The Historic Hudson-Hoosic Rivers Partnership is hereby established in the department to be a body corporate and public, and to consist of up to thirty-seven voting members. The following individuals shall be invited to…

§ 42-0105. The Historic Hudson-Hoosic Rivers Partnership Reserve. The area encompassed within the municipal boundaries in the towns of Saratoga, Stillwater, Northumberland, Easton, Fort Edward, Waterford, Halfmoon, Moreau, Schaghticoke, Cambridge, White Creek, Pittstown, Hoosick,…

§ 42-0107. Powers and duties of the partnership. The partnership shall have the power: 1. To sue and be sued. 2. To make by-laws for the management and regulation of its affairs. 3. To make and execute contracts and all other instruments necessary or convenient for the exercise o…

§ 42-0109. Stewardship plan. 1. The partnership shall develop a stewardship plan which shall represent the fundamental document defining the recommended protection and beneficial public use goals for the reserve and the means and techniques for their attainment. To the fullest ex…

§ 42-0111. Appropriations by municipalities. To effectuate the purposes of this article, the local legislative bodies of the towns, villages and city within the reserve and the counties of Saratoga, Washington and Rensselaer may appropriate and pay over to the partnership moneys …

§ 42-0113. Cooperation of state agencies. To effectuate the purposes of this article, the partnership may request from any department, board, bureau, commission or other agency of the state, and the same are authorized to provide, such cooperation and assistance, services and dat…

§ 42-0115. Stewardship fund. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "Historic Hudson-Hoosic Rivers fund". 2. Moneys in the fund shall consist of all moneys appropr…

§ 42-0117. Siena College revolutionary war institute. The partnership may enter into an agreement with the Siena College revolutionary war institute to provide diverse, academically based education opportunities based on the historic resources of the Historic Hudson-Hoosic Rivers…

§ 43-0101. Legislative intent. The preservation and enhancement of natural beauty in the state, the preservation and conservation of pure water supplies and other natural resources, the preservation and development of natural resources and recreational facilities for the benefit …

§ 43-0103. Definitions. As used in this article: 1. "Lake George park" means the bed, waters, islands, and shore of Lake George and all land in the counties of Essex, Warren and Washington surrounding said lake and situate within the following described boundaries: Beginning at t…

§ 43-0105. Lake George park commission; continuation. There shall continue to be in the department a commission to be known as "Lake George park commission." Such commission shall be a body corporate and politic. It shall consist of the commissioner, ex officio, and nine members …

§ 43-0107. Powers. The commission shall have power to: 1. Sue and be sued. 2. Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this article. 3. Establish and maintain such facilities as may be necessar…

§ 43-0109. Expenses; employees. The commission may appoint employees and agents and fix their compensation within moneys available therefor. Such compensation and the other necessary expenses of the commission shall be paid from moneys received by the commission from appropriatio…

§ 43-0110. Wastewater management. 1. The commission, in consultation with the department, the department of health and each municipality located in whole or in part within the park, and subject to approval by the department and department of health, shall adopt, after public hear…

§ 43-0111. Commercial use in zones. On and after (a) the establishment, alteration, or extension of a permanent zone, (b) the filing of the order establishing, altering, or extending such zone, together with the map and description thereof, in the office of the clerk of each coun…

§ 43-0112. Stormwater management and stream corridor management. 1. Stormwater management plans for lands where development is occurring or may occur in the future. The commission shall adopt, after public hearing according to the provisions of the state administrative procedure …

§ 43-0113. Appropriations by municipalities in certain counties. The governing body of any municipality in the counties of Essex, Warren or Washington may raise, appropriate and pay over to the commission moneys to be expended by the commission for any of the purposes hereof.

§ 43-0115. Restrictions on use of signs and advertising devices. 1. In order to preserve and enhance the natural beauty of the Lake George park, to protect and conserve the investment of the state in forest lands, islands, state campsites and other interests in real property in s…

§ 43-0117. Operation of ferries and certain other boats, barges and vessels restricted. 1. No person, partnership, or corporation shall operate a ferry or other boat transporting motor vehicles on the waters of Lake George without first obtaining a permit for such operation from …

§ 43-0119. Land use restrictions within Lake George park. 1. No real property lying within the boundaries of the Lake George park shall be used for the operation of a junk yard, automobile grave yard, second-hand automobile parts yard, automobile service station selling petroleum…

§ 43-0121. Compliance with sewage disposal requirements. 1. Where a provision of this chapter, or rules or regulations issued pursuant thereto, or the Public Health Law or state sanitary code requires that the sewage disposal facilities of a building or structure proposed to be e…

§ 43-0123. Environmental review. Notwithstanding any other provision of law, rule or regulation to the contrary, the commission shall be deemed to be a state agency for purposes of article 8 of this chapter. The commission shall offer assistance to local agencies within the park …

§ 43-0125. Regulatory and user fees. 1. The legislature finds that comprehensive environmental regulatory management and conservation within the Lake George park are essential to protect an important part of the environmental resources of the state and the public health and welfa…

§ 44-0101. Legislative intent. The Hudson river valley region possesses unique scenic beauty, natural and cultural resources of state and national significance. Efforts including the creation of a state management program for the Hudson estuarine district and fishery, establishme…