Title ENV, Environmental Conservation

§ 38-0103. 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. "Chlorofluorocarbon compounds" shall mean one or more of the\nfollowing substances use…

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

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

§ 38-0109. Notice of public hearing.\n Notice of public hearing shall be by publication in two newspapers\nlikely to give notice to the people of the state of such hearings at\nleast once in each of three successive weeks. In addition, the\ncommissioner shall give notice by lette…

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

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

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

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

§ 39-0107. Powers and duties of the commissioner.\n 1. The commissioner shall, within three calendar months after the\neffective date of this article, promulgate regulations establishing\nmethods for indentification and quantification of ingredients in sewage\nsystem cleaners and…

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

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

§ 40-0105. Definitions.\n 1. "Abandoned storage facility" means a storage facility which is no\nlonger being maintained in accordance with this article or the\nregulations promulgated thereunder.\n 2. "Authorization" means the possession, where required, of a valid\nlicense, perm…

§ 40-0107. Registration and fees.\n 1. On or before July first, nineteen hundred eighty-seven, the\ndepartment shall promulgate a schedule of registration fees per storage\nfacility for the cost of inspecting such facilities and based on the\nsize and type of such facilities, whi…

§ 40-0109. Access to records and facilities.\n 1. To carry out the purpose of this article and any rule, regulation\nor order issued thereunder, the department may, at reasonable times:\n a. have the right to entry to, upon, or through any storage facility\nin which a hazardous s…

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

§ 40-0113. Rules and regulations.\n 1. The department, on or before July first, nineteen hundred\neighty-eight, shall promulgate rules and regulations to implement this\narticle. Such rules and regulations may differ as required based on the\nnature of the hazardous substance sto…

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

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

§ 40-0119. Trade secret information.\n Disclosure to the public by the department of any information required\nto be provided under this article which is claimed to be a trade secret\nor confidential business information, shall be treated as such pursuant\nto the provisions of th…

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

§ 40-0123. Severability.\n The provisions of this article shall be severable and if any phrase,\nclause, sentence or provision of this article, or the applicability\nthereof to any person or circumstance shall be held invalid, the\nremainder of this article and the application th…

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

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

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

§ 41-0107. Approval of certain applications and projects.\n Approval by the commissioner shall be required for all applications\nfor funds under, and for all projects undertaken pursuant to the\nfollowing provisions of the Conservation Law, if the funds are to be\nused, or the pr…

§ 42-0101. Definitions.\n 1. "Partnership" shall mean the organization established as the\nHistoric Hudson-Hoosic Rivers Partnership pursuant to section 42-0103 of\nthis article.\n 2. "Reserve" shall mean a region in which there is a combination of\npublicly and privately owned l…

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

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

§ 42-0107. Powers and duties of the partnership.\n The partnership shall have the power:\n 1. To sue and be sued.\n 2. To make by-laws for the management and regulation of its affairs.\n 3. To make and execute contracts and all other instruments necessary\nor convenient for the e…

§ 42-0109. Stewardship plan.\n 1. The partnership shall develop a stewardship plan which shall\nrepresent the fundamental document defining the recommended protection\nand beneficial public use goals for the reserve and the means and\ntechniques for their attainment. To the fulle…

§ 42-0111. Appropriations by municipalities.\n To effectuate the purposes of this article, the local legislative\nbodies of the towns, villages and city within the reserve and the\ncounties of Saratoga, Washington and Rensselaer may appropriate and pay\nover to the partnership mo…

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

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

§ 42-0117. Siena College revolutionary war institute.\n The partnership may enter into an agreement with the Siena College\nrevolutionary war institute to provide diverse, academically based\neducation opportunities based on the historic resources of the Historic\nHudson-Hoosic R…

§ 43-0101. Legislative intent.\n The preservation and enhancement of natural beauty in the state, the\npreservation and conservation of pure water supplies and other natural\nresources, the preservation and development of natural resources and\nrecreational facilities for the ben…

§ 43-0103. Definitions.\n As used in this article:\n 1. "Lake George park" means the bed, waters, islands, and shore of\nLake George and all land in the counties of Essex, Warren and Washington\nsurrounding said lake and situate within the following described\nboundaries:\n Begin…

§ 43-0105. Lake George park commission; continuation.\n There shall continue to be in the department a commission to be known\nas "Lake George park commission." Such commission shall be a body\ncorporate and politic. It shall consist of the commissioner, ex officio,\nand nine mem…

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

§ 43-0109. Expenses; employees.\n The commission may appoint employees and agents and fix their\ncompensation within moneys available therefor. Such compensation and the\nother necessary expenses of the commission shall be paid from moneys\nreceived by the commission from appropr…

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

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

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

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

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

§ 43-0117. Operation of ferries and certain other boats, barges and\n vessels restricted.\n 1. No person, partnership, or corporation shall operate a ferry or\nother boat transporting motor vehicles on the waters of Lake George\nwithout first obtaining a permit for such operation…

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

§ 43-0121. Compliance with sewage disposal requirements.\n 1. Where a provision of this chapter, or rules or regulations issued\npursuant thereto, or the Public Health Law or state sanitary code\nrequires that the sewage disposal facilities of a building or structure\nproposed to…

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

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

§ 44-0101. Legislative intent.\n The Hudson river valley region possesses unique scenic beauty, natural\nand cultural resources of state and national significance. Efforts\nincluding the creation of a state management program for the Hudson\nestuarine district and fishery, establ…