Title ENV, Environmental Conservation

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

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

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

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

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

§ 15-0603. Reclaimed wastewater feasibility study.\n 1. The department, in consultation with the department of health,\nshall conduct a study of potential uses of greywater and reclaimed\nwastewater in New York state, and develop a strategy for promoting water\nreclamation projec…

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

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

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

§ 15-0801. Statement of legislative findings and policy.\n 1. In addition to the statements of policy and legislative findings as\nherein otherwise provided in this article, the legislature hereby finds\nthat the volume and abrupt changes in the volume of releases of water\nfrom …

§ 15-0803. Inventory of reservoirs.\n The commissioner shall, on or before the first day of January,\nnineteen hundred seventy-seven file with the secretary of state an\ninventory of impounding reservoirs of waters having a capacity of more\nthan one billion gallons and located i…

§ 15-0805. Regulation of reservoir releases.\n 1. The commissioner is authorized and directed to promulgate rules and\nregulations as expeditiously as possible but in no event later than the\nfirst day of April, nineteen hundred seventy-seven for releases from\nSchoharie reservoi…

§ 15-0807. Public notice and hearing procedures.\n The promulgation of rules and regulations pursuant to this title shall\nbe exclusively governed by the rule-making procedures of the state\nadministrative procedure act, except that municipalities affected by the\nreleases which …

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

§ 15-0903. Hearing procedure.\n 1. The provisions of this title shall not apply to applications for\npermits, requests for permit renewals and modifications, or to permit\nmodification, suspension or revocation proceedings initiated by the\ndepartment where any of such actions in…

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

§ 15-0907. Services of notice, order or direction.\n Whenever this article provides for or authorizes the service of a\nnotice, order or direction upon a licensee or applicant for a license,\nor upon any other person, and does not provide for the manner of\nservice, and no differ…

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

§ 15-1101. Legislative purposes.\n In addition to the powers vested in the department by this article 15,\nand in order to stimulate and encourage local participation and\nassistance, comprehensive planning for the protection, control,\nconservation, development and beneficial ut…

§ 15-1103. Petition; proceedings; exclusion of certain counties.\n 1. Any county, city, town or village, when duly authorized to do so,\nor any combination thereof, except as provided in subdivision 7 hereof,\nmay submit to the department a verified petition requesting the\ndepar…

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

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

§ 15-1109. Additional powers and duties of the department.\n 1. The department shall, if appropriations are available therefor,\nprovide the board with such office space and equipment, clerical,\ntechnical, scientific, engineering, legal and other personnel and\nservices as are r…

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

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

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

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

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

§ 15-1307. Powers of local agencies.\n A local agency may:\n 1. Apply to the department and contract with the state Commissioner of\nHealth for state aid pursuant to this title on and after September 1,\n1964.\n 2. Select the person or firm to perform necessary consulting\nengine…

§ 15-1309. State aid.\n The state Commissioner of Health, may, in the name of the state, make\nor contract to make, within appropriations therefor, a state grant for\npayment during any of the ten successive fiscal years of the state,\nbeginning with its fiscal year commencing Ap…

§ 15-1311. Limitations.\n Nothing in title 13 of this article shall be held to repeal, limit or\nmodify the jurisdiction, powers and duties of any state or local\ndepartment, board, district, commission or authority, or any public\ncorporation, or other agency, now or hereafter p…

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

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

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

§ 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.\n 1. No person shall transport or carry through pipes, conduits, ditches\nor canals the waters of any fresh water lake, pond, brook, river,\nstream, or creek in this state or any well, subsurface or percolating\nw…

§ 15-1506. Transportation of water by vessel.\n 1. Except as provided in subdivision three of this section, no person\nor public corporation shall transport or carry by vessel, more than ten\nthousand gallons in any one day of the waters of any freshwater lake,\npond, brook, rive…

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

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

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

§ 15-1513. Payment of cost of construction.\n 1. The cost of any such project shall be certified by the department\nto the applicant and shall be paid by the applicant within thirty days\nthereafter to the persons or corporations entitled thereto. Either total\nor partial costs m…

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

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

§ 15-1519. Reservoir to be kept in repair.\n The reservoir and appurtenant works shall be kept in safe, sanitary\nand serviceable condition and to this end shall be repaired, remodeled\nor additional work done thereon at the request of the applicant or as\nrequired by the departm…

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

§ 15-1523. Indirect damages; decision and payment as to Rochester.\n 1. Whenever the department shall decide that the execution of any\nwater supply project by the city of Rochester will result in damages to\npersons and property, the determination of and payment for which are no…

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

§ 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.\n 1. The department is directed to identify those areas of Long Island\nwithin the counties of Kings, Queens, Nassau and Suffolk which, for the\npurposes of this section, shall be considered coastal communitie…

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