Title ENV, Environmental Conservation

§ 71-3601. Declaration of policy and statement of purpose. The legislature hereby finds and declares that contaminated site remedial programs are an important and necessary component of the state's policy of restoring and revitalizing real property located throughout New York sta…

§ 71-3603. Definitions. When used in this title: 1. "Affected local government" shall mean every municipality in which land subject to an environmental easement is located. 2. "Environmental easement" shall mean an interest in real property, created under and subject to the provi…

§ 71-3605. Environmental easements; certain common law rules not applicable. 1. An environmental easement shall be granted by the title owners of the relevant real estate only by an instrument, that complies with the requirements of section 5-703 of the general obligations law. 2…

§ 71-3607. Coordination with local governments. 1. Whenever the department is granted an environmental easement, it shall provide each affected local government with a copy of such easement and shall also provide a copy of any documents modifying or terminating such environmental…

§ 71-3609. Scope of this title. This title shall not affect any interests or rights in real property which are not environmental easements, and shall not affect the rights of owners to convey any interests in real property which they could now create under existing law without re…

§ 71-3611. Severability. The provisions of this title shall be severable, and if any clause, sentence, paragraph, subdivision, or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the re…

§ 71-3701. Applicability of this title. In addition to the provisions of sections 71-0101 and 71-0301 of this article, the provisions of this title shall apply to the enforcement of article 37 of this chapter.

§ 71-3703. Enforcement of article 37.\n 1. Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by section 37-0107 or any rule or regulation\npromulgated pursuant hereto, shall be liable for a civil penalty not to\nexceed two thousand five h…

§ 71-3705. Enforcement of section 37-0115. 1. Any person who violates any provision of or fails to perform any duty imposed by section 37-0115 of this chapter shall upon the first finding of such a violation be liable for a civil penalty not to exceed five hundred dollars for eac…

§ 71-3801. Applicability of this title. In addition to the provisions of section 71-0101 and 71-0301 of this chapter, the provisions of this title shall apply to the enforcement of article thirty-eight of this chapter.

§ 71-3803. Enforcement of article thirty-eight. Any person who violates any of the provisions of, or who fails to perform any duty imposed by article thirty-eight or any regulation promulgated by the commissioner thereunder, shall be liable to a civil penalty of not more than twe…

§ 71-3901. Applicability of this title. The provisions of this title shall be applicable to the enforcement of article thirty-nine.

§ 71-3903. Violations; penalties. 1. Administrative sanctions. Any person who violates, disobeys or disregards any provision of article thirty-nine shall be liable to the people of the state for a civil penalty of not to exceed three thousand dollars for every such violation, to …

§ 71-3905. Enforcement. The attorney general or a district attorney, at the request of the attorney general or the commissioner, may prosecute persons who violate article thirty-nine. In addition the attorney general, on his own initiative or at the request of the commissioner, s…

§ 71-3907. Warrants; seizure. Any police officer shall have authority to execute any warrant to search for and seize any sewage system cleaners or additives sold, distributed or offered or exposed for sale in violation of article thirty-nine. Such cleaners or additives shall be h…

§ 71-4001. General criminal penalty. Except as otherwise specifically provided elsewhere in this chapter or in the penal law, (a) a person who violates any provision of this chapter, or any rule, regulation or order promulgated pursuant thereto, or the terms or conditions of any …

§ 71-4003. General civil penalty. Except as otherwise specifically provided elsewhere in this chapter, a person who violates any provision of this chapter, or any rule, regulation or order promulgated pursuant thereto, or the terms or conditions of any permit issued thereunder, s…

§ 71-4101. Applicability of this title. The provisions of this title shall be applicable to the enforcement of article seventy-two.

§ 71-4103. Enforcement of article seventy-two. Any person who violates any of the provisions of article seventy-two of this chapter or the regulations promulgated thereunder shall be liable for a civil penalty of up to one thousand dollars in addition to any amount assessed as a …

§ 71-4301. Applicability of title. The provisions of this title shall apply to the enforcement of article forty of this chapter.

§ 71-4303. Violations of article forty of this chapter. 1. Civil and administrative sanctions. Any person who violates any of the provisions of, or who fails to perform any duty imposed by, article forty of this chapter or any rule or regulation promulgated thereunder, or any ter…

§ 71-4305. Enforcement of article forty of this chapter. 1. The commissioner, after investigation, notice and an opportunity to be heard, may issue, modify and revoke orders prohibiting violations of any of the provisions of article forty or of any rule or regulation promulgated …

§ 71-4400. Applicability of title. The provisions of this title shall be applicable to the enforcement of title 15 of article 27 of this chapter.

§ 71-4401. Definitions. As used in this title, the following terms shall have the following meanings: 1. "Regulated medical waste" means regulated medical waste as defined in title 15 of article 27 of this chapter. 2. "Pound" means an avoirdupois pound. 3. "Gallon" means a unit o…

§ 71-4402. Violations of title 15 of article 27 of this chapter. 1. Civil and administrative sanctions. Any person who violates any of the provisions of, or who fails to perform any duty imposed by title 15 of article 27 of this chapter, or any rule or regulation promulgated purs…

§ 71-4403. Unlawful possession of regulated medical waste in the second degree. No person shall: 1. Knowingly and intentionally possess more than twenty gallons or two hundred pounds, whichever is less, of an aggregate weight or volume of regulated medical waste at a place other …

§ 71-4404. Unlawful possession of regulated medical waste in the first degree. No person shall: 1. Knowingly and intentionally possess more than three hundred gallons or three thousand pounds, whichever is less, of an aggregate weight or volume of regulated medical waste at a pla…

§ 71-4405. Unlawful release of regulated medical waste in the fourth degree. A person is guilty of unlawful release of regulated medical waste in the fourth degree when such person with criminal negligence, engages in conduct which causes the release to the environment of regulat…

§ 71-4406. Unlawful release of regulated medical waste in the third degree. A person is guilty of unlawful release of regulated medical waste in the third degree when such person: 1. Recklessly engages in conduct which causes the release to the environment of regulated medical wa…

§ 71-4407. Unlawful release of regulated medical waste in the second degree. A person is guilty of unlawful release of regulated medical waste in the second degree when such person: 1. Knowingly or recklessly engages in conduct which causes the release to the environment of regul…

§ 71-4408. Unlawful release of regulated medical waste in the first degree. A person is guilty of unlawful release of regulated medical waste in the first degree when such person: 1. Knowingly engages in conduct which causes the release to the environment of regulated medical was…

§ 71-4409. Unlawful dealing in regulated medical waste. No person shall, with intent to cause an unlawful release of regulated medical waste as defined in section 71-4407 or 71-4408 of this article: 1. transfer, transport, repackage or convey such waste to another person, thereby…

§ 71-4410. Affirmative defense. In any prosecution or proceeding pursuant to title 15 of article 27 it is an affirmative defense that the articles being discarded have been treated in accordance with subdivision one of section 27-1505.

§ 71-4411. Enforcement of title 15 of article 27.\n 1. When a person is convicted of a crime under the provisions of this\ntitle, the sentence of the court shall be as follows:\n (a) A fine, as set forth in subdivision two of this section, or in\nparagraph b of subdivision two of…

§ 71-4412. Disposition of penalties and fines. 1. Notwithstanding any provision of law to the contrary, all penalties and fines collected pursuant to section 71-4411 of this title shall be paid over to the commissioner for deposit into the general fund to the credit of the state …

§ 72-0101. Declaration of policy. The legislature of the state of New York hereby declares that comprehensive environmental regulatory management programs are essential to protect New York state's environmental resources and the public's health and welfare. It further declares th…

§ 72-0103. Definitions. When used in this article: "State environmental regulatory program" means any of the regulatory or permit programs for which fees are assessed under this article.

§ 72-0201. Fees and penalties.\n 1. a. Notwithstanding any general or special law to the contrary, all\npersons who require a permit or approval pursuant to a state\nenvironmental regulatory program, or who are subject to regulation under\na state environmental regulatory program…

§ 72-0202. Collection of annual program fees. 1. Bills issued for the air quality control, hazardous waste, and state pollutant discharge elimination system annual program fees due for the state fiscal year beginning April first, nineteen hundred eighty-five shall cover the perio…

§ 72-0203. Annual report. Notwithstanding any other provision of law, the department shall submit, no later than January fifteenth in each year, a report to the governor, the chairmen of the senate finance committee and assembly ways and means committee, consisting of a summary a…

§ 72-0301. Definitions. When used in this title: 1. The "Act" shall mean the Clean Air Act, 42 U.S.C. §7401 et seq., as amended by P.L. 101-549, November 15, 1990. 2. "Actual emissions" means the emissions which were emitted to the ambient air, and shall include fugitive emission…

§ 72-0302. State air quality control fees. 1. All persons, except those required to pay a fee under section 72-0303 of this title, who are required to obtain a permit, registration or approval pursuant to the state air quality control program and the rules and regulations adopted…

§ 72-0303. Operating permit program fees.\n * 1. Commencing January first, two thousand fifteen and every year\nthereafter, all sources of regulated air contaminants identified\npursuant to subdivision one of section 19-0311 of this chapter shall\nsubmit to the department an annu…

§ 72-0401. Definitions. When used in this title: 1. "Characteristic hazardous waste" means a waste which satisfies the characteristics promulgated by the commissioner pursuant to title nine of article twenty-seven of this chapter and is not listed hazardous waste as defined in su…

§ 72-0402. Hazardous waste program fees. 1. a. For the period beginning January 1, 2010, all generators of equal to or greater than fifteen tons per year of hazardous waste shall submit annually to the department a fee in the amount of one hundred thirty dollars per ton of hazard…

§ 72-0501. Definitions. 1. "Industrial-commercial waste" means a waste which originates at, is generated by, or occurs as a result of any industrial or commercial activity. The forms of waste included are exemplified by but not limited to the following: a. liquids such as: acids,…

§ 72-0502. Waste transporter program fees. 1. All persons required to obtain a permit, certificate or approval pursuant to the waste transporter permit requirements set forth in title three of article twenty-seven of this chapter shall submit annually to the department a fee in a…

§ 72-0601. Definitions. When used in this title: 1. "Facility" means any establishment for which a general permit has been issued pursuant to subdivision six of section 70-0117 of this chapter or any industrial, municipal or private/commercial/institutional (P/C/I) establishment,…

§ 72-0602. State pollutant discharge elimination system program fees. All persons required to obtain a permit or certificate pursuant to the state pollutant discharge elimination system (SPDES) program as defined in section 72-0601 of this title shall submit annually to the depar…

§ 72-0701. Definitions. When used in this title: 1. "Facility" means any stationary or movable intake mechanism for the withdrawal of fresh water. For the purposes of this title multiple intake mechanism on shoreline facilities or vessels shall be considered as part of one facili…