Title ENV, Environmental Conservation

§ 23-0305. Powers and duties of the commissioner and the department.\n 1. The provisions of this section shall apply only to rules,\nregulations, orders and hearings made or conducted in the administration\nof this article.\n 2. No rule, regulation, order or amendment thereof, ex…

§ 23-0309. Severability.\n The provisions of this article shall be severable and if any phrase,\nclause, sentence or provision of this article, or the applicability\nthereof to any person or circumstance shall be held invalid, the\nremainder of this article and the application th…

§ 23-0311. New York state oil, gas and solution mining advisory board.\n 1. A thirteen member New York state oil, gas and solution mining\nadvisory board shall be created within the department to advise and\nassist the commissioner and other state agencies on activities and\npoli…

§ 23-0313. Public access to records.\n 1. a. Any records or reports or portions thereof pertaining to the\nproduction, sale, purchase, acquisition, storage or injection of oil and\ngas and associated fluids and any records or reports or portions thereof\npertaining to the transpo…

§ 23-0501. Well permits.\n 1. a. This section shall not apply to (1) wells drilled, deepened,\nplugged back or converted in oil fields or pools which were discovered,\ndeveloped and operated prior to January first, nineteen hundred\neighty-one, and (2) wells drilled, deepened, pl…

§ 23-0503. Well spacing in oil and natural gas pools and fields.\n 1. Spacing orders are not required for wells drilled, deepened,\nplugged back or converted in oil fields or pools which were discovered,\ndeveloped and operated prior to January first, nineteen hundred\neighty-one…

§ 23-0701. Voluntary integration and unitization in oil and natural gas\n pools and fields.\n 1. Voluntary integration and unitization in oil pools or fields and in\nnatural gas pools or fields shall be subject to the provisions of this\nsection. When two or more separately owned…

§ 23-0901. Compulsory integration and unitization in oil and natural gas\n pools and fields.\n 1. Compulsory integration and unitization in oil pools and fields and\nin natural gas pools and fields shall be subject to the provisions of\nthis section with subdivision 3 to be speci…

§ 23-1101. Procedure for obtaining oil and gas production lease.\n 1. The department may make leases on behalf of this state, upon such\nterms and conditions including consideration as to the department seem\njust and proper for:\n a. The exploration, development and production o…

§ 23-1103. Procedure for obtaining gas storage lease.\n 1. The department may make leases on behalf of this state for the\nstorage of gas, and liquefied petroleum gas, in state owned lands upon\nsuch terms and conditions including consideration as to it shall seem\njust and prope…

§ 23-1105. Prohibition on state authorizations related to certain\n offshore oil and natural gas production.\n 1. Neither the department nor the office of general services shall\nenter into any new lease or other conveyance, lease renewal, extension\nor modification, that authori…

§ 23-1301. Procedure for obtaining underground storage permit.\n 1. No underground reservoir shall be devoted to the storage of gas, or\nliquefied petroleum gas unless the prospective operator of such storage\nreservoir shall have received from the department, after approval in\n…

§ 23-1303. Authority to acquire property.\n 1. Any corporation empowered to produce, transport, distribute or\nstore gas within this state for ultimate public use, which holds an\nunderground storage permit from the department or which is otherwise\nlawfully operating an undergro…

§ 23-1305. Procedure for abandoning storage reservoir.\n In connection with the abondonment of any underground storage\nreservoir for which a permit has been granted pursuant to this article\nor in connection with the revocation of any such permit, the department\nshall require t…

§ 23-1307. Ownership of storage gas and storage rights.\n 1. All gas and liquefied petroleum gas, which has previously been\nreduced to possession, and which is lawfully injected into an\nunderground storage reservoir, shall be deemed the property of the\ninjector, his heirs, suc…

§ 23-1701. Short title.\n This title shall be known as the "liquefied natural and petroleum gas\nact".\n

§ 23-1703. Legislative findings.\n The legislature finds that it is necessary for the protection of the\npublic health, the environment and the economic welfare of the people of\nthis state to regulate and control the siting of liquefied natural and\npetroleum gas facilities in t…

§ 23-1705. Definitions.\n As used in this title, unless the context otherwise requires:\n 1. "Liquefied natural gas", sometimes referred to as "LNG", and\n"liquefied petroleum gas", sometimes referred to as "LPG", are gas\ncooled to its liquid state provided, however, the provisi…

§ 23-1707. Environmental safety permit; siting.\n No person shall commence the preparation of a site for, or begin the\nconstruction of, a liquefied natural or petroleum gas storage or\nconversion facility in the state without having first obtained an\nenvironmental safety permit…

§ 23-1709. Criteria for siting.\n 1. The department shall, after investigation and opportunity for\npublic comment, within one year from the effective date of this section,\nadopt, and file with the secretary of state, regulations establishing\ncriteria for the siting of liquefie…

§ 23-1711. Permit processing.\n 1. Any person desiring to construct, reconstruct, enlarge the storage\ncapacity or, if constructed but unused, put into actual use and\noperation a liquefied natural or petroleum gas facility in the state\nshall obtain a permit pursuant to this sec…

§ 23-1713. Transportation of liquefied natural and petroleum gas;\n certified routes.\n 1. Except for transportation by navigable waterways, all intrastate\ntransportation of liquefied natural and petroleum gas in its cryogenic\nstate must be along established routes in accordanc…

§ 23-1715. Inspection to insure compliance; allocation of enforcement\n costs; revocation; civil and criminal penalties.\n 1. The department shall have continuing responsibility of inspection\nto insure compliance with the terms of an environmental safety permit\nissued under sec…

§ 23-1717. Training and qualification of municipal fire department\n personnel; strict liability.\n 1. The legislature finds that liquefied natural and petroleum gas, in\nview of its extreme volatility, high flammability, and dangerous\nqualities if mishandled resulting in accide…

§ 23-1719. Non-conforming facilities; conformance to safety criteria;\n moratorium.\n The legislature finds that existing facilities have been constructed\nand are in the process of being used which by reason of their\nconstruction in residential areas or in dangerous proximity t…

§ 23-1721. Hardship; petition and hearing; permit.\n 1. Any person, upon a showing of hardship caused by the moratorium\nunder subdivision one of section 23-1719 may petition the department for\na review of the application of the moratorium to any proposed activity\nsubject to th…

§ 23-1723. Judicial review.\n Review under this title may be had in a proceeding under article\nseventy-eight of the civil practice law and rules at the instance of any\nperson aggrieved.\n

§ 23-1725. Preservation of jurisdiction of public service commission;\n consultation and coordination with commission and energy\n office.\n Except herein as specifically provided with regard to the public\nsafety, as legislatively determined, this title shall not otherwise\naffe…

§ 23-1727. Severability.\n If any part of this title or the application thereof to any person or\ncircumstances shall be adjudged to be invalid by a court of competent\njurisdiction, such order or judgment shall be confined in its\napplicability to the controversy in which it was…

§ 23-1901. Construction of title.\n 1. Nothing contained herein shall release a person from any obligation\nimposed by the provisions of this article or rules and regulations\npromulgated thereunder.\n 2. This title shall supersede all other laws enacted by local\ngovernments or …

§ 23-1903. Imposition of oil, gas and solution mining regulation and\n reclamation fees.\n 1. When a permit is granted to a person by the department pursuant to\nsection 23-0305 of this article to drill a well or when a person\nconverts a well to one subject to the oil, gas and s…

§ 23-2101. Interstate Compact to Conserve Oil and Gas.\n 1. The Interstate Compact to Conserve Oil and Gas, as first enacted by\nchapter 501 of the laws of 1941, and as re-enacted by chapter 263 of the\nlaws of 1963, is hereby continued as follows:\n INTERSTATE COMPACT TO CONSERV…

§ 23-2301. Definitions.\n For the purposes of this title:\n 1. The term "used oil" means all petroleum-based lubricating oils\nwhich have through use been contaminated by physical or chemical\nimpurities which have not been removed by subsequent rerefining;\n 2. The term "rerefin…

§ 23-2303. Official encouragement for the use of rerefined oil.\n All state and local officials shall act within their authority to\nencourage the use of rerefined oil. Such action shall include, but not\nbe limited to:\n 1. Review of any laws, rules and regulations, ordinances o…

§ 23-2305. Regulations of the commissioner.\n The commissioner shall, after holding a public hearing with due\nnotice, promulgate rules and regulations governing used oil collectors\nand rerefiners, in conformance with article twenty-seven of this\nchapter, to carry out the requi…

§ 23-2307. Used oil retention facilities required; installation and\n maintenance; posting of notice.\n 1. Service establishments. a. Every service establishment, and every\nother person, industrial operation, airport, trucking terminal, state or\nlocal government facility genera…

§ 23-2308. Prohibited disposal of used oil.\n 1. No person shall engage in the improper disposal of used oil. Used\noil shall only be deposited in an available used oil retention facility\nor disposed of as otherwise authorized or permitted by the commissioner.\n The provisions o…

§ 23-2309. Records.\n Every used oil collector and rerefiner shall maintain complete\nrecords, in conformance with article twenty-seven of this chapter.\n

§ 23-2311. Reports.\n The commissioner shall in consultation with the commissioners of the\nstate energy office and transportation, submit a report to the governor\nand legislature not later than April first of each year, containing, but\nnot limited to, the following information…

§ 23-2401. Legislative intent.\n The legislature finds and declares that the conservation of the\nstate's oil reserves will be of broad benefit to the state. Through\nutilization of modern well closure technologies, oil will be conserved\nfor the state's future. The legislature f…

§ 23-2402. New York state oil energy conservation program.\n 1. The department shall actively implement a modern oil well closure\ntechnologies program which shall assist in the implementation of closure\ntechnologies on abandoned oil wells and well fields in the state. The\nprog…

§ 23-2701. Short title.\n This title shall be known and may be cited as the "New York State\nMined Land Reclamation Law".\n

§ 23-2703. Declaration of policy.\n 1. The legislature hereby declares that it is the policy of this state\nto foster and encourage the development of an economically sound and\nstable mining industry, and the orderly development of domestic mineral\nresources and reserves necess…

§ 23-2705. Definitions.\n As used in this title, unless the context otherwise requires:\n 1. "Abandoned" means the cessation of mining and reclamation\nactivities on land affected by mining without prior notification to the\ndepartment of such cessation of activities or without d…

§ 23-2709. Administration of title.\n 1. The department shall have and be entitled to exercise the following\npowers and duties:\n (a) to issue permits in accordance with the criteria set forth in this\narticle and the rules and regulations promulgated thereunder;\n (b) to admini…

§ 23-2711. Permits.\n 1. After September first, nineteen hundred ninety-one, any person who\nmines or proposes to mine from each mine site more than one thousand\ntons or seven hundred fifty cubic yards, whichever is less, of minerals\nfrom the earth within twelve successive cale…

§ 23-2713. Mined land-use plan.\n 1. All mining and reclamation activities on the affected land shall be\nconducted in accordance with an approved mined land-use plan. The\napproved mined land-use plan shall consist of both a mining and a\nreclamation plan, and any other informat…

§ 23-2715. Financial security for reclamation.\n 1. Before the department may issue a permit, the applicant, unless\nexempt, shall furnish financial security to ensure the performance of\nreclamation as provided in the approved mined land-use plan and naming\nthe state as benefic…

§ 23-2719. Enforcement.\n The provisions of this title and any rules and regulations promulgated\nthereunder shall be enforced pursuant to title 13, article 71 of this\nchapter.\n

§ 23-2721. Judicial review.\n Any act, omission, determination or order of the department or of any\nofficer or employee thereof, pursuant to or within the scope of this\ntitle, may be reviewed in accordance with article seventy-eight of the\ncivil practice law and rules.\n