Title ENV, Environmental Conservation

§ 15-0514. Prohibition of certain incompatible uses over either primary groundwater recharge areas or federally designated sole source aquifers. 1. Definitions: The following terms, whenever used or referred to in this section, shall have the following meanings: a. "Primary groun…

§ 15-0515. Review. A determination, order or issuance, modification or denial of a permit, pursuant to sections 15-0501, 15-0503 and 15-0505 shall be reviewable in a proceeding pursuant to article 78 of the Civil Practice Law and Rules.

§ 15-0516. Inspection report of dam safety. 1. Within thirty days of the creation by the department of any inspection report of any intermediate or high hazard dam, the department shall provide, to the chief executive officer of a municipality in which the dam is located, a copy …

§ 15-0517. Water quality testing requirements for land clearing debris and compost facilities in Nassau and Suffolk counties. 1. In Nassau and Suffolk counties, the department shall promulgate rules and regulations to prevent water quality and other environmental impairments resu…

§ 15-0601. Definitions as used in this title. 1. "Water reclamation project" means a project designed to utilize reclaimed wastewater or greywater for beneficial non-potable uses including, but not limited to, agricultural and landscape irrigation, commercial and industrial uses,…

§ 15-0603. Reclaimed wastewater feasibility study. 1. The department, in consultation with the department of health, shall conduct a study of potential uses of greywater and reclaimed wastewater in New York state, and develop a strategy for promoting water reclamation projects. 2…

§ 15-0605. Standards for reuse and disposal of reclaimed wastewater. The commissioner, in consultation with the department of health, shall establish rules, regulations and standards for the reuse and disposal of reclaimed wastewater and/or greywater. The department of health sha…

§ 15-0607. Utilization of reclaimed wastewater registry. All persons utilizing reclaimed wastewater or greywater shall register such project with the department. The department shall maintain such registry.

§ 15-0701. Harmless alterations in watercourses and lakes; prescriptive rights or privileges; action for declaratory judgment; limitations of time. 1. An alteration (whether or not it causes water to cover or permeate land previously dry) in the natural flow, quantity, quality or…

§ 15-0801. Statement of legislative findings and policy. 1. In addition to the statements of policy and legislative findings as herein otherwise provided in this article, the legislature hereby finds that the volume and abrupt changes in the volume of releases of water from impou…

§ 15-0803. Inventory of reservoirs. The commissioner shall, on or before the first day of January, nineteen hundred seventy-seven file with the secretary of state an inventory of impounding reservoirs of waters having a capacity of more than one billion gallons and located in the…

§ 15-0805. Regulation of reservoir releases. 1. The commissioner is authorized and directed to promulgate rules and regulations as expeditiously as possible but in no event later than the first day of April, nineteen hundred seventy-seven for releases from Schoharie reservoir thr…

§ 15-0807. Public notice and hearing procedures. The promulgation of rules and regulations pursuant to this title shall be exclusively governed by the rule-making procedures of the state administrative procedure act, except that municipalities affected by the releases which are t…

§ 15-0901. Rule-making procedure. The department may adopt rules in conformity with statute governing the procedures prescribed or authorized by this article. Such rules may include rules of practice before the department, together with forms and instructions. To assist the perso…

§ 15-0903. Hearing procedure. 1. The provisions of this title shall not apply to applications for permits, requests for permit renewals and modifications, or to permit modification, suspension or revocation proceedings initiated by the department where any of such actions involve…

§ 15-0905. Review. 1. The applicant or any person or public corporation, who or which has filed a notice of appearance in the proceedings before the department and is affected by a decision made pursuant to this article, may review such decision under the provisions of article 78…

§ 15-0907. Services of notice, order or direction. Whenever this article provides for or authorizes the service of a notice, order or direction upon a licensee or applicant for a license, or upon any other person, and does not provide for the manner of service, and no different t…

§ 15-0909. Payment of costs. The expense of any hearing initiated by petition shall be certified by the department to the person or public corporation filing such petition, and shall be paid by such petitioner within thirty days after the receipt of the certificate.

§ 15-1101. Legislative purposes. In addition to the powers vested in the department by this article 15, and in order to stimulate and encourage local participation and assistance, comprehensive planning for the protection, control, conservation, development and beneficial utiliza…

§ 15-1103. Petition; proceedings; exclusion of certain counties. 1. Any county, city, town or village, when duly authorized to do so, or any combination thereof, except as provided in subdivision 7 hereof, may submit to the department a verified petition requesting the department…

§ 15-1105. Regional planning and development board; meetings; quorum; powers and duties. 1. If the department shall determine that the proposal should be undertaken, the department, after the expiration of the time in which a review of its decision may be had or, in the event suc…

§ 15-1107. Plans; approval; changes, modifications and rescission. 1. Plans submitted pursuant to section 15-1105: a. Shall in all cases be so drawn and of such scope as is best calculated to assure prompt or orderly development of the water resources for the beneficial use of th…

§ 15-1109. Additional powers and duties of the department. 1. The department shall, if appropriations are available therefor, provide the board with such office space and equipment, clerical, technical, scientific, engineering, legal and other personnel and services as are reason…

§ 15-1111. Duties of county; county charge; counties included within a city. 1. The county legislative body or bodies shall comply promptly with the departments request for lists of nominations for membership on the board. The county or counties shall cooperate with and assist, s…

§ 15-1113. Existing rights and remedies preserved; limitations. 1. Nothing in title 11 of this article is intended to or shall be construed to alter, impair, diminish or enlarge any existing or hereafter acquired public or private right, riparian or otherwise, or to create any ne…

§ 15-1301. Definitions. 1. "Comprehensive study and report" shall mean a comprehensive engineering and economic feasibility study and the resultant plan for the development of projects to provide adequately for present and reasonably foreseeable area-wide public water supply syst…

§ 15-1303. Powers and duties of the department. The department shall: 1. Promulgate, and amend from time to time, such rules and regulations as the department shall deem necessary, proper or desirable to carry out the provisions and purposes of this title and to assure the approp…

§ 15-1305. Powers and duties of the state Commissioner of Health. The Commissioner of Health shall: 1. Review the area and scope of any comprehensive study prior to its execution and make recommendations to the Department of Environmental Conservation with respect thereto. 2. Adv…

§ 15-1307. Powers of local agencies. A local agency may: 1. Apply to the department and contract with the state Commissioner of Health for state aid pursuant to this title on and after September 1, 1964. 2. Select the person or firm to perform necessary consulting engineering ser…

§ 15-1309. State aid. The state Commissioner of Health, may, in the name of the state, make or contract to make, within appropriations therefor, a state grant for payment during any of the ten successive fiscal years of the state, beginning with its fiscal year commencing April 1…

§ 15-1311. Limitations. Nothing in title 13 of this article shall be held to repeal, limit or modify the jurisdiction, powers and duties of any state or local department, board, district, commission or authority, or any public corporation, or other agency, now or hereafter posses…

§ 15-1501. Water withdrawals; permit. 1. Except as otherwise provided in this title, no person who is engaged in, or proposing to engage in, the operation of a water withdrawal system with a capacity of greater than or equal to the threshold volume, shall have any power to do the…

§ 15-1502. Definitions. When used in this title, unless otherwise expressly stated or unless the context or subject matter otherwise requires: 1. "Coastal communities" shall mean those areas on Long Island where the Magothy aquifer is either absent or contaminated with chlorides.…

§ 15-1503. Permits. 1. A permit application or request for a permit renewal or modification shall be made on forms prescribed by the department and shall contain all information requested by the department relative to the withdrawal, use and discharge of water, including: a. with…

§ 15-1504. Water withdrawals for agricultural purposes.\n 1. Applicability.\n a. This section applies to withdrawals of water for agricultural\npurposes that have been registered with the department pursuant to the\nrequirements of title sixteen of this article or reported to the…

§ 15-1505. Interbasin diversions and water supply to other states. 1. No person shall transport or carry through pipes, conduits, ditches or canals the waters of any fresh water lake, pond, brook, river, stream, or creek in this state or any well, subsurface or percolating waters…

§ 15-1506. Transportation of water by vessel. 1. Except as provided in subdivision three of this section, no person or public corporation shall transport or carry by vessel, more than ten thousand gallons in any one day of the waters of any freshwater lake, pond, brook, river, st…

§ 15-1507. Municipal water supply reservoirs on forest preserve lands. Any public corporation, now or hereafter empowered by law to construct and operate a publicly owned system for the supply of water for drinking, domestic and public purposes to the inhabitants of any municipal…

§ 15-1509. Approval of plans for forest preserve reservoir projects; petition; proceedings. 1. Any publicly owned water supply project involving the construction of a reservoir on forest preserve lands must be submitted for approval to the department as provided in sections 15-15…

§ 15-1511. Procedure on approval of application with respect to forest preserve reservoir projects. 1. The decision of the department on an application shall be certified to the applicant. Thereafter, and at any time within five years of the date of the decision, the applicant ma…

§ 15-1513. Payment of cost of construction. 1. The cost of any such project shall be certified by the department to the applicant and shall be paid by the applicant within thirty days thereafter to the persons or corporations entitled thereto. Either total or partial costs may be…

§ 15-1515. Supervision of construction and operation. 1. All construction work which the Department of Environmental Conservation is authorized to undertake by virtue of the provisions of sections 15-1507 through 15-1519 shall be done under the direction of the Commissioner of Tr…

§ 15-1517. Reservoir to be owned by the state. Any lands not owned by the state, but required for the purpose of the construction of the reservoir on forest preserve lands shall be acquired by the applicant, by purchase or condemnation, and conveyed by the applicant to the state,…

§ 15-1519. Reservoir to be kept in repair. The reservoir and appurtenant works shall be kept in safe, sanitary and serviceable condition and to this end shall be repaired, remodeled or additional work done thereon at the request of the applicant or as required by the department. …

§ 15-1521. Supply of water to other public water supply systems. On any application for a new or increased withdrawal of water for a public water supply system, the department may require or authorize the applicant to make provisions for the supply and to supply water to any area…

§ 15-1523. Indirect damages; decision and payment as to Rochester. 1. Whenever the department shall decide that the execution of any water supply project by the city of Rochester will result in damages to persons and property, the determination of and payment for which are not ot…

§ 15-1525. Water well drillers in New York state to obtain certificates of registration. 1. No person shall engage in the business of water well drilling in the state of New York without first obtaining a certificate of registration from the department as hereinafter provided. Al…

§ 15-1527. Permit required for certain wells in Long Island counties.\n 1. No person or public corporation shall hereafter install or operate\nany new or additional wells in the counties of Kings, Queens, Nassau or\nSuffolk to withdraw water from underground sources for any purpo…

§ 15-1528. Moratorium on the drilling of new wells in the Lloyd Sands. 1. The department is directed to identify those areas of Long Island within the counties of Kings, Queens, Nassau and Suffolk which, for the purposes of this section, shall be considered coastal communities. 2…

§ 15-1529. Approval of completed water withdrawal systems. The construction of any new or modified water withdrawal system authorized under this title shall be under the general supervision of a person or firm licensed to practice professional engineering in the state. Upon compl…