Title ENV, Environmental Conservation

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

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

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

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

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

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

§ 17-0703. Issuance, denial, and revocation of permits.\n 1. The permit provided in section 17-0701 and title 8 hereof shall be\nissued by the commissioner or by his designated representative, pursuant\nto regulations of the department adopted in accordance with subdivision\n3 of…

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

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

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

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

§ 17-0804. Rules and regulations.\n The rules and regulations adopted by the department to implement this\ntitle and the provisions of article 70 of this chapter and rules and\nregulations thereunder shall govern permit applications, renewals,\nmodifications, suspensions and revo…

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

§ 17-0807. Prohibited discharges.\n The following discharges into the waters of the state are hereby\nprohibited.\n 1. the discharge of any radiological, chemical or biological warfare\nagent or high-level radioactive waste, as such terms are defined by the\nAct or pursuant there…

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

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

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

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

§ 17-0813. Compliance schedules.\n SPDES permits issued pursuant hereto may contain compliance schedules.\nSuch compliance schedules shall require that the permittee within the\nshortest reasonable time consistent with the requirements of the Act\nconform to and meet;\n 1. applic…

§ 17-0815. SPDES permits; additional terms and conditions.\n SPDES permits shall include the following provisions, terms,\nrequirements and conditions;\n 1. that all discharges authorized by the permit shall be consistent\nwith the provisions, terms, requirements and conditions o…

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

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

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

§ 17-0819. Applications, reports, notices; provisions to insure verity.\n All applications, reports, notices or notifications required or\nauthorized to be made or filed by this title or by rules or regulations\npromulgated pursuant hereto or by the provisions or conditions of an…

§ 17-0821. Fees.\n The department is hereby authorized to establish a schedule of\nreasonable fees, such schedule taking into consideration the volume of\nthe discharge and treatment costs, for application for issuance of SPDES\npermits to compensate the department for its expens…

§ 17-0823. Power plant siting.\n In the case of a major steam electric generating facility, as defined\nin section one hundred forty of the public service law, for the\nconstruction or operation of which a certificate is required under the\nformer article eight of the public serv…

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

§ 17-0826. Notification of discharges affecting groundwaters.\n Whenever a provision of this title is violated by a facility operating\nunder or pursuant to a SPDES permit and located within an area\ndesignated pursuant to any federal or state statute as a sole source\naquifer, a…

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

§ 17-0827. Conflicts of interest.\n The commissioner of the department or his designee responsible for\nissuance of SPDES permits hereunder, is hereby prohibited from\nreceiving, or during two years prior to approval of an application for a\npermit from having received, a signifi…

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

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

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

§ 17-0901. Hearings.\n 1. Public hearings shall be conducted by the commissioner, or his duly\ndesignated representative or representatives prior to issuance of an\norder directing any person to discontinue discharge of sewage,\nindustrial waste or other wastes which contravene t…

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

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

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

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

§ 17-1001. Legislative findings and declarations.\n The legislature finds and declares that the lands and waters of New\nYork state constitute an irreplaceable resource upon which is founded\nthe well-being of public health, economic vitality and the state's\nenvironment; that th…

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

§ 17-1005. Leak detection.\n 1. a. The department shall promulgate rules and regulations to provide\nfor the early detection of leaks or potential leaks by owners and\noperators.\n b. Such rules and regulations shall provide for daily measurements and\ninventory records for petro…

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

§ 17-1009. Registration.\n 1. The department shall consult with the state petroleum bulk storage\nadvisory council to compile a list of facilities within the state.\nWithin thirty days of the promulgation of rules and regulations in\naccordance with section 17-1005, section 17-10…

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

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

§ 17-1015. State petroleum bulk storage standards.\n 1. The department shall, pursuant to section 17-0303 of this article,\npromulgate rules and regulations establishing standards for existing and\nnew petroleum bulk storage facilities which shall include, but not be\nlimited to,…

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

§ 17-1017. Preemption of local law.\n 1. Except as provided in subdivision two of this section, any local\nlaw or ordinance which is inconsistent with any provision of this title\nor any rule and regulation promulgated hereunder shall be preempted.\n 2. a. Any local law or ordina…

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

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