Title ENV, Environmental Conservation

§ 17-0503. Prohibition against pollution of waters of marine district. 1. Sewage, industrial waste or other wastes, or any substance injurious to edible fish and shellfish, or the culture or propagation thereof, or which shall in any manner affect the flavor, color, odor or sanit…

§ 17-0505. Prohibition against certain acts without permit. The making or use of an outlet or point source discharging into the waters of the state, and the operation or construction of disposal systems, without a valid SPDES permit as provided by section 17-0701 or title 8 hereo…

§ 17-0507. Prohibition against modification of wastes discharged through existing outlet or point source without permit. Increasing or altering the content of the wastes discharged through an outlet or a point source into the waters of the state by a change in volume or physical,…

§ 17-0509. Minimum treatment required. 1. As used in this section, the term "effective secondary treatment" shall mean the removal of substantially all floating and settleable solids and the removal of at least eighty-five percent of suspended solids and at least eighty-five perc…

§ 17-0511. Restrictions on discharge of sewage, industrial waste or other wastes. The use of existing or new outlets or point sources, which discharge sewage, industrial waste or other wastes into waters of this state is prohibited unless such use is in compliance with all standa…

§ 17-0701. Permit for outlet, point source and for disposal system required. 1. It shall be unlawful for any person, until a written SPDES permit therefor has been granted by the commissioner, or by his designated representative, and unless such permit remains in full force and e…

§ 17-0703. Issuance, denial, and revocation of permits. 1. The permit provided in section 17-0701 and title 8 hereof shall be issued by the commissioner or by his designated representative, pursuant to regulations of the department adopted in accordance with subdivision 3 of sect…

§ 17-0705. Certificates of compliance for purposes of the Real Property Tax Law. 1. For the purposes of section 477 of the Real Property Tax Law, the commissioner or his designated representative is hereby authorized to issue certificates of compliance concerning industrial waste…

§ 17-0707. Certificates of compliance for purposes of the Tax Law. 1. For the purposes of sections 208, 210, 606 and 612 of the Tax Law, the commissioner or his designated representative is hereby authorized to issue certificates of compliance concerning industrial waste treatmen…

§ 17-0801. Purpose. To create a state pollutant discharge elimination system (SPDES) to insure that the State of New York shall possess adequate authority to issue permits regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the …

§ 17-0803. SPDES permits; application. Except as provided by subdivision five of section 17-0701 of this article, it shall be unlawful to discharge pollutants to the waters of the state from any outlet or point source without a SPDES permit issued pursuant hereto or in a manner o…

§ 17-0804. Rules and regulations. The rules and regulations adopted by the department to implement this title and the provisions of article 70 of this chapter and rules and regulations thereunder shall govern permit applications, renewals, modifications, suspensions and revocatio…

§ 17-0805. Notice and public participation; access to information. 1. a. Public notice of a complete application for a SPDES permit, including: (i) all renewals of SPDES permits issued in lieu of NPDES permits; (ii) other permit renewals, except renewals of permits for projects d…

§ 17-0807. Prohibited discharges. The following discharges into the waters of the state are hereby prohibited. 1. the discharge of any radiological, chemical or biological warfare agent or high-level radioactive waste, as such terms are defined by the Act or pursuant thereto. 2. …

§ 17-0808. Municipal and industrial stormwater discharges. 1. Prior to October first, nineteen hundred ninety-two, no permit shall be required for discharges composed entirely of stormwater, except as provided in subdivision two of this section. 2. Subdivision one of this section…

§ 17-0809. Effluent limitations. 1. SPDES permits issued pursuant hereto shall contain applicable effluent limitations as required by the Act and as may be promulgated by the department. 2. Notwithstanding any other provision of this article, any point source the construction of …

§ 17-0810. Stormwater management design manual modification. On or before one year following the effective date of this section, the department shall modify the New York State Stormwater Management Design Manual to include the following provisions: 1. Require signage prohibiting …

§ 17-0811. Application of effluent standards and limitations; water quality standards; other requirements. SPDES permits issued pursuant hereto shall include provisions requiring compliance with the following, where applicable; 1. effluent limitation. 2. standards of performance …

§ 17-0813. Compliance schedules. SPDES permits issued pursuant hereto may contain compliance schedules. Such compliance schedules shall require that the permittee within the shortest reasonable time consistent with the requirements of the Act conform to and meet; 1. applicable ef…

§ 17-0815. SPDES permits; additional terms and conditions. SPDES permits shall include the following provisions, terms, requirements and conditions; 1. that all discharges authorized by the permit shall be consistent with the provisions, terms, requirements and conditions of such…

§ 17-0815-a. Discharge point signs. 1. Any person possessing a SPDES permit which allows the discharge of waste water into the surface waters of the state shall post a sign as provided for in subdivision two of this section at all discharge points to surface waters, except for th…

§ 17-0816. Coordination with AEM program. To the extent practical and consistent with the purposes of this title and title seven of this article, SPDES permits for farm operations participating in the agricultural environmental management (AEM) program as set forth in article ele…

§ 17-0817. SPDES permits; duration and reissuance. 1. SPDES permits issued in lieu of national pollutant discharge elimination system permits shall be valid for a fixed term not to exceed five years. All other SPDES permits issued pursuant to this chapter shall be valid for a ter…

§ 17-0819. Applications, reports, notices; provisions to insure verity. All applications, reports, notices or notifications required or authorized to be made or filed by this title or by rules or regulations promulgated pursuant hereto or by the provisions or conditions of any pe…

§ 17-0821. Fees. The department is hereby authorized to establish a schedule of reasonable fees, such schedule taking into consideration the volume of the discharge and treatment costs, for application for issuance of SPDES permits to compensate the department for its expenses he…

§ 17-0823. Power plant siting. In the case of a major steam electric generating facility, as defined in section one hundred forty of the public service law, for the construction or operation of which a certificate is required under the former article eight of the public service l…

§ 17-0825. Discharges of industrial waste to publicly owned treatment works. Persons discharging industrial waste to a publicly owned treatment works shall comply with toxic effluent standards and pretreatment standards and to monitoring, reporting, recording, sampling and entry …

§ 17-0826. Notification of discharges affecting groundwaters. Whenever a provision of this title is violated by a facility operating under or pursuant to a SPDES permit and located within an area designated pursuant to any federal or state statute as a sole source aquifer, all pu…

§ 17-0826-a. Mandatory sewage release reporting and notification by publicly owned treatment works and operators of publicly owned sewer systems. 1. Publicly owned treatment works or the operator of a publicly owned sewer system shall immediately, but in no case later than two ho…

§ 17-0827. Conflicts of interest. The commissioner of the department or his designee responsible for issuance of SPDES permits hereunder, is hereby prohibited from receiving, or during two years prior to approval of an application for a permit from having received, a significant …

§ 17-0828. Discharges affecting groundwaters. In addition to any other requirements imposed by this title, any person seeking a SPDES permit or a renewal hereunder, within an area designated pursuant to any federal or state statute as a sole source aquifer, shall include as a par…

§ 17-0829. Inspection and entry. (a) To carry out the purposes of this Act or any rule, regulation, order, or permit, issued thereunder, the department or its authorized representative, upon presentation of his credentials: (1) shall have a right of entry to, upon, or through any…

§ 17-0831. Environmental monitors for tankers. 1. At the discretion of the commissioner, a tanker withdrawing or transporting water where such withdrawal or transport was authorized pursuant to a permit issued under section 15-1506 of this chapter shall be accompanied by an envir…

§ 17-0901. Hearings. 1. Public hearings shall be conducted by the commissioner, or his duly designated representative or representatives prior to issuance of an order directing any person to discontinue discharge of sewage, industrial waste or other wastes which contravene the st…

§ 17-0903. Notices; service of process. 1. Notices of all public hearings held pursuant to this title shall specify the time, date and place of hearing. 2. Service of all processes, except subpoenas, shall be made in the same manner as a summons in a civil action or by registered…

§ 17-0905. Proceedings before the commissioner. 1. The commissioner may, on his own motion, investigate or make inquiry, in a manner to be determined by him, as to the condition of any of the waters of the state and as to any alleged act of pollution or omission or failure to com…

§ 17-0907. Hearings for persons aggrieved. 1. This section shall apply only to titles 1 to 11, inclusive, and title 19 of this article. 2. The commissioner shall grant a hearing to any person not previously heard in connection with the making of a determination, or order, who wit…

§ 17-0909. Review by courts. 1. The provisions of this section shall apply only to titles 1 to 11, inclusive, and title 19 of this article. 2. All orders or determinations of the commissioner or the department shall be subject to review as provided in article 78 of the Civil Prac…

§ 17-1001. Legislative findings and declarations. The legislature finds and declares that the lands and waters of New York state constitute an irreplaceable resource upon which is founded the well-being of public health, economic vitality and the state's environment; that these r…

§ 17-1003. Definitions. As used in this title: 1. "Facility" means a single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located: a. one or more stationary tanks which are used singularly…

§ 17-1005. Leak detection. 1. a. The department shall promulgate rules and regulations to provide for the early detection of leaks or potential leaks by owners and operators. b. Such rules and regulations shall provide for daily measurements and inventory records for petroleum in…

§ 17-1007. Corrective actions. 1. Any operator shall within forty-eight hours notify the facility owner and the department, and if the facility is located within any county, or city of a population of one million or more which filed with the department a written declaration under…

§ 17-1009. Registration. 1. The department shall consult with the state petroleum bulk storage advisory council to compile a list of facilities within the state. Within thirty days of the promulgation of rules and regulations in accordance with section 17-1005, section 17-1007, a…

§ 17-1011. Access to records and facilities. 1. Every owner or operator shall, upon reasonable notice of the commissioner or his designee, permit a duly designated officer or employee of the department at all reasonable times to have access to and to copy all books, papers, docum…

§ 17-1013. State petroleum bulk storage advisory council. 1. There is hereby created within the department the "state petroleum bulk storage advisory council" hereinafter referred to as the "council". Such council shall consist of seven members, at least one of whom shall be a re…

§ 17-1015. State petroleum bulk storage standards. 1. The department shall, pursuant to section 17-0303 of this article, promulgate rules and regulations establishing standards for existing and new petroleum bulk storage facilities which shall include, but not be limited to, desi…

§ 17-1016. Reduction of air pollution from petroleum bulk storage facilities. 1. Definitions. For purposes of this section, the terms below shall have the following meanings: a. "Shell color" shall mean any coating on the sides or shell of a tank, which reduces volatile emissions…

§ 17-1017. Preemption of local law. 1. Except as provided in subdivision two of this section, any local law or ordinance which is inconsistent with any provision of this title or any rule and regulation promulgated hereunder shall be preempted. 2. a. Any local law or ordinance of…

§ 17-1101. Existing rights and remedies preserved. It is the purpose of titles 1 to 11, inclusive, and title 19 of this article to provide additional and cumulative remedies to abate the pollution of the waters of the state and nothing herein contained shall abridge or alter righ…

§ 17-1103. Persons other than the state acquire no actionable rights. The bases for proceedings or actions resulting from the violations of the prohibitions contained in titles 1 to 11, inclusive, and title 19 of this article inure solely to and are for the benefit of the people …