Title ENV, Environmental Conservation

§ 71-3601. Declaration of policy and statement of purpose.\n The legislature hereby finds and declares that contaminated site\nremedial programs are an important and necessary component of the\nstate's policy of restoring and revitalizing real property located\nthroughout New Yor…

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

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

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

§ 71-3609. Scope of this title.\n This title shall not affect any interests or rights in real property\nwhich are not environmental easements, and shall not affect the rights\nof owners to convey any interests in real property which they could now\ncreate under existing law witho…

§ 71-3611. Severability.\n The provisions of this title shall be severable, and if any clause,\nsentence, paragraph, subdivision, or part of this title shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidate t…

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

§ 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.\n 1. Any person who violates any provision of or fails to perform any\nduty imposed by section 37-0115 of this chapter shall upon the first\nfinding of such a violation be liable for a civil penalty not to exceed\nfive hundred dollars fo…

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

§ 71-3803. Enforcement of article thirty-eight.\n Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by article thirty-eight or any regulation\npromulgated by the commissioner thereunder, shall be liable to a civil\npenalty of not more tha…

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

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

§ 71-3905. Enforcement.\n The attorney general or a district attorney, at the request of the\nattorney general or the commissioner, may prosecute persons who violate\narticle thirty-nine. In addition the attorney general, on his own\ninitiative or at the request of the commission…

§ 71-3907. Warrants; seizure.\n Any police officer shall have authority to execute any warrant to\nsearch for and seize any sewage system cleaners or additives sold,\ndistributed or offered or exposed for sale in violation of article\nthirty-nine. Such cleaners or additives shall…

§ 71-4001. General criminal penalty.\n Except as otherwise specifically provided elsewhere in this chapter or\nin the penal law, (a) a person who violates any provision of this\nchapter, or any rule, regulation or order promulgated pursuant thereto,\nor the terms or conditions of…

§ 71-4003. General civil penalty.\n Except as otherwise specifically provided elsewhere in this chapter, a\nperson who violates any provision of this chapter, or any rule,\nregulation or order promulgated pursuant thereto, or the terms or\nconditions of any permit issued thereund…

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

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

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

§ 71-4303. Violations of article forty of this chapter.\n 1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by, article\nforty of this chapter or any rule or regulation promulgated thereunder,\nor an…

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

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

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

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

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

§ 71-4404. Unlawful possession of regulated medical waste in the first\n degree.\n No person shall:\n 1. Knowingly and intentionally possess more than three hundred gallons\nor three thousand pounds, whichever is less, of an aggregate weight or\nvolume of regulated medical waste …

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

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

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

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

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

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

§ 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.\n 1. Notwithstanding any provision of law to the contrary, all penalties\nand fines collected pursuant to section 71-4411 of this title shall be\npaid over to the commissioner for deposit into the general fund to the\ncredit of the s…

§ 72-0101. Declaration of policy.\n The legislature of the state of New York hereby declares that\ncomprehensive environmental regulatory management programs are essential\nto protect New York state's environmental resources and the public's\nhealth and welfare. It further declar…

§ 72-0103. Definitions.\n When used in this article:\n "State environmental regulatory program" means any of the regulatory\nor permit programs for which fees are assessed under this article.\n

§ 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.\n 1. Bills issued for the air quality control, hazardous waste, and\nstate pollutant discharge elimination system annual program fees due for\nthe state fiscal year beginning April first, nineteen hundred\neighty-five shall cover the …

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

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

§ 72-0302. State air quality control fees.\n 1. All persons, except those required to pay a fee under section\n72-0303 of this title, who are required to obtain a permit, registration\nor approval pursuant to the state air quality control program and the\nrules and regulations ad…

§ 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.\n When used in this title:\n 1. "Characteristic hazardous waste" means a waste which satisfies the\ncharacteristics promulgated by the commissioner pursuant to title nine\nof article twenty-seven of this chapter and is not listed hazardous\nwaste as define…

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

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

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

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

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

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