Title ENV, Environmental Conservation

§ 58-1301. Labor standards. 1. Projects funded pursuant to this article shall require compliance with prevailing wage requirements pursuant to section two hundred twenty of the labor law. 2. Any state entity or municipality receiving at least twenty-five million dollars ($25,000,…

§ 6-0101. Short title. This article shall be known and may be cited as the "state smart growth public infrastructure policy act".

§ 6-0103. Definitions. As used in this article: 1. "Criteria" shall mean the state smart growth public infrastructure criteria provided in section 6-0107 of this article. 2. "State infrastructure agency" shall mean the department, the department of transportation, the department …

§ 6-0105. State smart growth public infrastructure policy. It is the purpose of this article to augment the state's environmental policy by declaring a fiscally prudent state policy of maximizing the social, economic and environmental benefits from public infrastructure developme…

§ 6-0107. State smart growth public infrastructure criteria. 1. In addition to meeting other criteria and requirements of law governing approval, development, financing and state aid for the construction of new or expanded public infrastructure or the reconstruction thereof, no s…

§ 6-0109. Smart growth advisory committees. The chief executive officer of each state infrastructure agency shall create a smart growth advisory committee to advise the agency regarding the agencies' policies, programs and projects with regard to their compliance with the state s…

§ 6-0111. Private right of action. Nothing contained in this article or in the administration or application hereof shall be construed to create any private right of action on the part of any person, firm or corporation against the state of New York or any state infrastructure ag…

§ 7-0101. Council of environmental advisors; creation; membership; qualifications. There is hereby continued in the Executive Department a council to be known as the Council of Environmental Advisers, to provide special counsel to the Governor on environmental policy matters affe…

§ 7-0103. Terms of office; vacancies. 1. The members of the council shall hold office at the pleasure of the Governor. 2. Vacancies shall be filled by appointment by the Governor, by and with the advice and consent of the Senate.

§ 7-0105. Personnel. 1. The council shall appoint an executive director and shall assign to such director such powers, functions and duties as it shall deem appropriate to fulfill the purposes of this article. 2. The council shall have the power to employ and compensate, within a…

§ 7-0107. General functions, powers and duties. 1. In providing counsel to the Governor on environmental policy matters, the council shall: a. Advise the Governor on comprehensive environmental management policy for the state. b. At the request of the Governor, provide an overvie…

§ 7-0109. Compensation. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties.

§ 70-0101. Purpose. It is the purpose of this article to establish uniform review procedures for major regulatory programs of the department and to establish time periods for department action on permits under such programs.

§ 70-0103. Legislative findings and declarations. The legislature finds and declares that: 1. It is the intent of the legislature to assure the fair, expeditious and thorough administrative review of regulatory permits. 2. It is the intent of the legislature that, to the extent f…

§ 70-0105. Definitions. Unless the context otherwise requires, the definitions in this section shall govern the construction of the following terms as used in this article: 1. "Environmental notice bulletin" shall mean the publication of the department published pursuant to secti…

§ 70-0107. Rules and regulations; applicability. 1. The department, after public hearing, shall adopt rules and regulations to assure the efficient and expeditious administration of this article. Such rules and regulations shall include but not be limited to provisions regarding …

§ 70-0109. Time periods for department action on permit applications. 1. (a) On or before fifteen calendar days after the receipt of an application for a permit which has been filed in a manner and in a form prescribed by the department, the department shall mail written notice t…

§ 70-0111. Minor projects. (a) On or before fifteen calendar days after the receipt of an application for a permit for a minor project, the department shall mail written notice to the applicant of its determination whether or not the application is complete. If the department fai…

§ 70-0113. Confidentiality. The provisions of section eighty-eight of article six of the public officers law shall apply to information confidentially disclosed by applicants to the department, except as otherwise provided in this chapter.

§ 70-0115. Permit modifications, suspensions, revocations, renewals, reissuances and recertifications. 1. Upon the provision of notice stating the grounds for its action and giving an opportunity for hearing to the permit holder, the department may modify, suspend or revoke a per…

§ 70-0116. Emergency authorization.\n 1. The department may waive the procedural requirements of this\narticle to issue an emergency authorization for an action which is\nimmediately necessary to respond to an emergency.\n 2. Emergency authorization may be given only if the depar…

§ 70-0117. Special provisions. 1. (a) An applicant may submit simultaneously all applications for permits associated with a proposed project in order to facilitate a comprehensive project review. (b) Except for good cause shown by the applicant, the department may require an appl…

§ 70-0118. Disproportionate impacts on disadvantaged communities. 1. For the purposes of this section: (a) "Disadvantaged communities" shall have the same meaning as subdivision five of section 75-0101 of this chapter. (b) "Applicable permit" shall mean a permit, excluding a gene…

§ 70-0119. Public hearings. 1. After evaluating an application for a permit and any comments of department staff, other state agencies or units of government or members of the public, the department shall, on or before sixty calendar days after it mails notice to the applicant th…

§ 70-0121. Severability. The provisions of this article shall be severable, and if any clause, sentence, paragraph, subdivision or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the…

§ 71-0101. Effect of the Penal Law and Criminal Procedure Law. Notwithstanding any provision of this chapter, the provisions of the Penal Law and of the Criminal Procedure Law control over the provisions of this chapter to the same extent they controlled over the provisions of la…

§ 71-0201. General law enforcement authority. Every police officer and any employee of the department as may be designated by the commissioner, shall enforce the provisions of this chapter, and the rules, and regulations and orders enacted or promulgated thereunder. Such officers…

§ 71-0202. Enforcement; designated employees to have certain powers. Such employees as may be designated by the commissioner shall be authorized to issue uniform appearance tickets, simplified traffic informations, simplified parks informations, simplified environmental conservat…

§ 71-0203. Uniform appearance ticket and simplified information. 1. The commissioner shall prescribe the form of an appearance ticket and simplified information for all cases involving a violation of any provision of this chapter or of any rule, regulation or order adopted or pro…

§ 71-0205. Verification or affirmation of accusatory instruments. 1. When an appearance ticket as authorized under section 71-0203 has been served by an officer described in section 71-0201, any supervisor of such enforcement officer to whom the service of the appearance ticket i…

§ 71-0207. Pleas by mail. A defendant charged with a violation of any provision of this chapter or rule, regulation or order promulgated or adopted thereunder may himself plead guilty to the charge in open court. He may also submit to the magistrate having jurisdiction, in person…

§ 71-0209. Convictions; bail forfeitures; failure to appear. 1. The trial court or clerk thereof shall certify to the commissioner the facts of any case involving a violation of any provision of this chapter, or of any rule, regulation or order adopted pursuant thereto, (a) withi…

§ 71-0211. Disposition of fees and penalties. 1. Notwithstanding any other provisions of law to the contrary, all fines and penalties collected pursuant to title nineteen of this article, except amounts required to be paid into the conservation fund pursuant to subdivision two of…

§ 71-0213. Mandatory surcharge. 1. Whenever proceedings result in a conviction for an offense under this chapter there shall be levied, in addition to any sentence required or permitted by law, the following mandatory surcharges: (a) in the amount of twenty-five dollars for viola…

§ 71-0301. Summary abatement. Notwithstanding any inconsistent provisions of law, whenever the commissioner finds, after investigation, that any person is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the health…

§ 71-0401. Delegation of civil enforcement authority. Whenever the attorney general is authorized under this chapter to initiate or prosecute a civil action or proceeding on behalf of the department, such authority may in the discretion of the attorney general be delegated to the…

§ 71-0403. Delegation of criminal enforcement authority. Whenever the attorney general is authorized under this chapter to prosecute a criminal proceeding on behalf of the department, such authority may in the discretion of the attorney general be delegated to the department, to …

§ 71-0501. Applicability of this title. This title shall apply to sections 3-0109 through 3-0115 inclusive and sections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9, 11 and 13 of article 21; articles 23 and 24; and articles 43, 45 and 47 of this chapter.…

§ 71-0503. Investigation by department. 1. Any investigation, inquiry or hearing which the department has power to undertake or to hold may be undertaken or held by or before the commissioner, the deputy commissioner or the head of a division, or before any other officer or emplo…

§ 71-0505. Suits and prosecution. 1. The commissioner shall have the power to bring actions suits or proceedings as in his judgment may be necessary or proper to perform any of the powers, functions or duties imposed upon him or upon the department or any division thereof by any …

§ 71-0507. Actions for penalties generally. 1. Actions for penalties for violation of any provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, except as otherwise expressly provided, a. Shall be in the name of t…

§ 71-0509. Costs in actions by the people. In case of recovery of any amount in an action brought for a penalty under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33, of this article or any action authorized by such law…

§ 71-0511. Judgments; how enforced. Judgments recovered under the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article may be enforced by contempt.

§ 71-0513. Jurisdiction of courts in criminal cases. 1. Except as provided in subdivision 2 of this section, County Courts, and subject to the power of removal provided in the Criminal Procedure Law, district courts, the New York City criminal court, town courts and village court…

§ 71-0517. Witnesses not excused from testifying. No person shall be excused from testifying or producing any books, papers or other documents in any civil or criminal action or proceeding taken or had under the provisions of this chapter listed in section 71-0501 or under titles…

§ 71-0519. Compromise of civil penalty. 1. A person who has violated any of the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, and who desires to compromise and settle his civil liability therefor, may app…

§ 71-0521. Certificate by court or justice. The court or justice, other than a town justice or a village police justice, before whom any person shall be tried or before whom a compromise of the civil penalties for a violation of any provision of this chapter listed in section 71-…

§ 71-0523. Power of the department to settle or compromise an action. The department shall empowered to settle or compromise in its discretion any action or cause of action to recover a penalty under the provisions of this chapter listed in section 71-0501 or under titles 5 throu…

§ 71-0525. Powers of designated departmental officers and employees and members of the state police. 1. All police officers, such employees as may be designated by the commissioner, and all peace officers, when acting pursuant to their special duties, shall enforce the provisions…

§ 71-0701. Applicability of title. In addition to the provisions of sections 71-0101 and 71-0301, and titles 5 and 40 of this article, the provisions of this title shall be applicable to the enforcement of article 9 of this chapter.