Title ENV, Environmental Conservation

§ 17-1105. Conflicting laws. Titles 1 to 11, inclusive, and title 19 of this article shall not be construed as repealing any of the laws relating to the pollution of the waters of the state not herein expressly repealed, but shall be held and construed as ancillary to and supplem…

§ 17-1107. Other Environmental Conservation Laws to remain in effect. Nothing contained in titles 1 to 11, inclusive, and title 19 of this article shall be construed as amending or repealing sections 11-0503 or 13-0345 and any parts of said sections inconsistent with the provisio…

§ 17-1301. Approval of marine toilet pollution control devices and establishing effluent standards therefor. The department shall have all the functions, powers, obligations and duties, regarding approval of marine toilet pollution control devices and establishing effluent standa…

§ 17-1401. Purpose. It is the purpose of this title to safeguard the waters of the state from nonpoint source pollution by controlling and abating new and existing sources of nonpoint source pollution.

§ 17-1403. Definitions. As used in this title: 1. "Best management practices" means methods, measures or practices determined to be the most practical and effective in preventing or reducing the impact of pollutants generated by nonpoint sources to a level compatible with water q…

§ 17-1405. Inventory. 1. Within eighteen months of the effective date of this title the commissioner, in cooperation with the state soil and water conservation committee, shall prepare a report which: a. identifies those water bodies within the state which, without additional act…

§ 17-1407. Priority nonpoint source pollution. From the inventory developed pursuant to section 17-1405 of this title the commissioner, after consultation with the state soil and water conservation committee, shall develop a prioritized list of water bodies, management of which w…

§ 17-1409. State assistance for non-agricultural nonpoint source abatement and control projects. 1. Subject to the availability of funds appropriated therefor, a matching grant program is established to fund the costs of implementing nonpoint source abatement and control projects…

§ 17-1411. Regulations. The commissioner may promulgate regulations necessary to effectuate the purposes of section 17-1409 of this title including, but not limited to, regulations setting forth criteria for submission and processing of grant applications, components of best mana…

§ 17-1501. Definitions. 1. As used in sections 17-1501 to 17-1505, inclusive, and sections 17-1509 and 17-1511, the word "subdivision" shall mean any tract of land which is divided into five or more parcels, after the effective date of this act, along any existing or proposed str…

§ 17-1503. Local regulations. 1. Any city or county which has established or establishes a city, county or part-county department of health may adopt regulations for the control of such developments. Regulations adopted by a county or city board of health may include, but not be …

§ 17-1505. Plans required to be filed and approved. 1. No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any corporation, company or person, and no permanent building shall be erected thereon, until a plan or map of such subdivision shall be f…

§ 17-1507. Filing fees to accompany plans. 1. At the time of submitting a plan for approval as required by this title, a filing fee computed at the rate of one dollar and seventy-five cents per lot shall be paid to the department or to the city, county or part-county health distr…

§ 17-1509. Cooperation with the Department of Health. Notwithstanding any other provision of this title the Commissioner of Environmental Conservation is empowered to make administrative arrangements with the Commissioner of Health for joint or cooperative administration of this …

§ 17-1511. Duty of county clerk or register in respect to filing of plans and map. The county clerk or register shall not file nor record nor accept for filing or recording any map or plat showing a subdivision of land in any town, village or city having a population of less than…

§ 17-1513. Remedy for purchaser of one parcel of unapproved realty subdivision. 1. The owner of a parcel of land acquired as one parcel for residential purposes may apply to the department or local health department having jurisdiction for a certificate approving the sewage facil…

§ 17-1515. Regulation by commissioner. The commissioner may from time to time establish by rule or regulation standards for subdivisions necessary to effect the purposes of this title and not inconsistent with regulations of a city, county or part-county department of health havi…

* § 17-1701. Definition of sewage; discharge of sewage and other matter into certain waters prohibited. 1. For the purposes of this title sewage shall be defined as any substance, solid or liquid that contains any of the waste products or excrementitious or other wastes or washin…

§ 17-1703. Contamination of salt wells. It shall be unlawful for any person to wilfully place, introduce or cause to flow or enter into any spring, brook or body of water, which is used in the manufacture of salt, or into any salt well, or salt mine, or into any cavity or reservo…

§ 17-1704. Discharge of sewage and other offensive matter from new or renovated wastewater disposal systems to the surface waters of the Owasco lake watershed extending from the city dam on the outlet to the existing Moravia village outfall sewer on the inlet are prohibited. 1. N…

* § 17-1705. Discharge of sewage into Wallkill Creek prohibited. No person or corporation shall permit the discharge or escape of any sewage, or other matter deleterious to public health, or destructive to fish, or throw or cast any dead animal, carrion or offal, or other putrid …

* § 17-1707. Discharge of sewage into the Susquehanna near Binghamton prohibited. 1. No person or corporation shall cause to fall, flow or discharge into the Susquehanna river or any of its tributaries, between the Rock Bottom dam in such river at the city of Binghamton, and a po…

§ 17-1709. Discharge of sewage and other offensive matter into Lake George and Skaneateles lake prohibited. 1. No person or corporation shall cause or permit the fall, flow or discharge into Lake George or Skaneateles lake or any of their tributaries, of any sewage matter, or oth…

§ 17-1710. Deposit of garbage or other refuse on or in waters of the Owasco lake watershed extending from the city dam on the outlet to the existing Moravia village outfall sewer on the inlet is prohibited. No person or corporation shall deposit, dump, throw, abandon, discard, or…

§ 17-1711. Deposit of garbage or other refuse on or in waters of Lake George and Skaneateles lake and their tributaries prohibited. No person shall deposit, dump, throw, abandon, discard or place, or cause to be deposited, dumped, thrown, abandoned, discarded or placed upon or in…

* § 17-1713. Discharge of sewage and other offensive matter into Brant Lake, Loon Lake, Friends Lake and Schroon Lake prohibited. 1. No person or corporation shall cause or permit the fall, flow or discharge into Brant lake, Loon lake or Friends lake in the county of Warren or Sc…

* § 17-1715. Discharge of sewage and other offensive matter into Oneida Lake prohibited. 1. No person or corporation shall cause or permit the fall, flow or discharge into Oneida lake or any of its tributaries of any sewage matter, or other foul, noxious or deleterious, solid or …

* § 17-1717. Order to discontinue pollution of waters. 1. Whenever the commissioner shall determine upon investigation that sewage from any city, village, town, building, steamboat or other vessel, or property, or any garbage, offal or any decomposable or putrescible matter of an…

* § 17-1719. Actions by municipalities to prevent discharge of sewage into waters. 1. Any incorporated city or village in the state of New York, which has made such provision for the disposal of its sewage as not to pollute or contaminate therewith any river, stream, lake or othe…

* § 17-1721. Reports of municipal authorities to local boards of health. 1. The report of the public authorities having by law charge of the sewer system of every municipality in the state, from which sewer system sewage was being discharged into any of the waters of the state on…

* § 17-1723. Reports of proprietors of industrial establishments. 1. The report of the proprietor of every shop, factory, mill and industrial establishment in the state, from which refuse or waste matter was being discharged into any of the waters of the state on May 7, 1903, fil…

* § 17-1725. Permission to discharge sewage. 1. Upon application duly made to the commissioner by the public authorities having by law the charge of the sewer system of any municipality, the commissioner shall have power to consider the case of a sewer system otherwise prohibited…

* § 17-1727. Permission to discharge refuse or waste matter from industrial establishments. 1. Upon application duly made to the commissioner by the proprietor, lessee or tenant of any shop, factory, mill or industrial establishment from which the discharge of refuse or waste mat…

* § 17-1729. Permits for conduit or discharge pipes. 1. Before any conduit or discharge pipe, or other means of discharging or casting any refuse or waste matter from any shop, factory, mill or industrial establishment not constructed or in process of construction on May 7, 1903,…

* 17-1731. Revocation or modification of permits. 1. Every permit for the discharge of sewage from a sewer system or for the discharge of refuse or waste matter from a shop, factory, mill or industrial establishment, shall when necessary to conserve the public health, be revocabl…

* § 17-1733. Record of permits; inspection of local boards of health. 1. Each local board of health shall preserve in its office and on a form prescribed by the commissioner, a permanent record of the following: a. Each permit issued by the commissioner granting the right to disc…

* § 17-1735. Violations; service of notice; actions. 1. The board of health of each municipality shall promptly ascertain every violation of, or noncompliance with, any of the provisions of section 17-1701 or of the permits for the discharge of sewage or refuse or waste material …

* § 17-1737. Legal construction and limitations; riparian owners. Nothing in titles 15 and 17 of this article shall be construed to diminish or otherwise to modify the common law rights of riparian owners in the quality of waters of streams covered by such rights, nor in the case…

§ 17-1739. Repeal of provisions. The provisions of sections 17-1701, 17-1705, 17-1707, 17-1713 to 17-1737, inclusive, and 71-1925, shall remain in force and effect only until September 1, 1973.

§ 17-1741. Sewerage; construction; villages. 1. Whenever any local board of health in any incorporated village shall deem the sewers of such village insufficient to properly and safely sewer such village, and protect the public health, it shall certify such fact in writing, stati…

§ 17-1743. Reporting of spills of liquids stored in bulk. Any person who is the owner of or in actual or constructive possession or control of more than one thousand one hundred gallons, in bulk, of any liquid, including petroleum, which, if released, discharged or spilled would …

§ 17-1745. Sewage from vessels. 1. Definitions. (a) "Dump station" means any facility designed to receive sewage from any portable toilet carried on any vessel. (b) "Marine holding tank" means any container aboard any vessel that is designed and used for the purpose of collecting…

§ 17-1901. Comprehensive studies and reports: definitions; state aid; powers and duties of the commissioner; powers of the municipalities. 1. As used in this section: a. "Comprehensive study and report" means an engineering study for the development of economical projects for the…

§ 17-1903. Contracts for construction of sewage treatment works. 1. As used in this section: a. "Sewage treatment works" means a facility for the purpose of treating, neutralizing or stabilizing sewage, including treatment or disposal plants, the necessary intercepting, outfall a…

§ 17-1905. Operation and maintenance of sewage treatment works. 1. As used in this section: a. "Operation and maintenance" means and includes all direct costs for labor, direct supervision, vehicles, vessels, supplies, materials, fuel, lubricants, power, and similar costs, the di…

§ 17-1907. Contracts for construction of sewer systems. 1. As used in this section: a. "Construction" means and includes the building, installation, or extension of a sewer system; the inspection and supervision thereof; the engineering, legal, fiscal and economic investigations;…

§ 17-1909. Water pollution control revolving fund agreements. 1. As used in this section: a. "Allocation" means the amount of moneys allocated to reduce a municipality's or group of municipalities' total financing costs for one or more eligible projects. b. "Construction" means t…

§ 17-2101. Definitions. As used in this title: 1. "Compost" means the biologically stable humus-like material derived from composting or the aerobic, thermophilic decomposition of organic matter. 2. "Fertilizer" means the same as "specialty fertilizer" as defined in section one h…

§ 17-2103. Sale or use of phosphorus fertilizer restricted. 1. No person shall apply or authorize any person by way of service contract or other arrangement to apply in this state any phosphorus fertilizer on lawn or non-agricultural turf, except when: (a) A soil test indicates t…

§ 17-2105. Local fertilizer regulation. A local government may enact more stringent standards for the application of fertilizer for lawn and non-agricultural turf than established in this title, provided, however, that any local government that enacts such standards after January…