Title ENV, Environmental Conservation

§ 58-1301. Labor standards.\n 1. Projects funded pursuant to this article shall require compliance\nwith prevailing wage requirements pursuant to section two hundred twenty\nof the labor law.\n 2. Any state entity or municipality receiving at least twenty-five\nmillion dollars ($…

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

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

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

§ 6-0107. State smart growth public infrastructure criteria.\n 1. In addition to meeting other criteria and requirements of law\ngoverning approval, development, financing and state aid for the\nconstruction of new or expanded public infrastructure or the\nreconstruction thereof,…

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

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

§ 7-0101. Council of environmental advisors; creation; membership;\n qualifications.\n There is hereby continued in the Executive Department a council to be\nknown as the Council of Environmental Advisers, to provide special\ncounsel to the Governor on environmental policy matter…

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

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

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

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

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

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

§ 70-0105. Definitions.\n Unless the context otherwise requires, the definitions in this section\nshall govern the construction of the following terms as used in this\narticle:\n 1. "Environmental notice bulletin" shall mean the publication of the\ndepartment published pursuant t…

§ 70-0107. Rules and regulations; applicability.\n 1. The department, after public hearing, shall adopt rules and\nregulations to assure the efficient and expeditious administration of\nthis article. Such rules and regulations shall include but not be\nlimited to provisions regar…

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

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

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

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

§ 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.\n 1. (a) An applicant may submit simultaneously all applications for\npermits associated with a proposed project in order to facilitate a\ncomprehensive project review.\n (b) Except for good cause shown by the applicant, the department may\nrequire …

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

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

§ 70-0121. 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 by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidat…

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

§ 71-0201. General law enforcement authority.\n Every police officer and any employee of the department as may be\ndesignated by the commissioner, shall enforce the provisions of this\nchapter, and the rules, and regulations and orders enacted or\npromulgated thereunder. Such off…

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

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

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

§ 71-0207. Pleas by mail.\n A defendant charged with a violation of any provision of this chapter\nor rule, regulation or order promulgated or adopted thereunder may\nhimself plead guilty to the charge in open court. He may also submit to\nthe magistrate having jurisdiction, in p…

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

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

§ 71-0213. Mandatory surcharge.\n 1. Whenever proceedings result in a conviction for an offense under\nthis chapter there shall be levied, in addition to any sentence required\nor permitted by law, the following mandatory surcharges: (a) in the\namount of twenty-five dollars for …

§ 71-0301. Summary abatement.\n Notwithstanding any inconsistent provisions of law, whenever the\ncommissioner finds, after investigation, that any person is causing,\nengaging in or maintaining a condition or activity which, in his\njudgment, presents an imminent danger to the h…

§ 71-0401. Delegation of civil enforcement authority.\n Whenever the attorney general is authorized under this chapter to\ninitiate or prosecute a civil action or proceeding on behalf of the\ndepartment, such authority may in the discretion of the attorney general\nbe delegated t…

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

§ 71-0501. Applicability of this title.\n This title shall apply to sections 3-0109 through 3-0115 inclusive and\nsections 3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15;\ntitles 7, 9, 11 and 13 of article 21; articles 23 and 24; and articles\n43, 45 and 47 of this cha…

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

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

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

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

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

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

§ 71-0517. Witnesses not excused from testifying.\n No person shall be excused from testifying or producing any books,\npapers or other documents in any civil or criminal action or proceeding\ntaken or had under the provisions of this chapter listed in section\n71-0501 or under t…

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

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

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

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

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