Title ENV, Environmental Conservation

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

§ 23-0309. Severability. The provisions of this article shall be severable and if any phrase, clause, sentence or provision of this article, or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this article and the application thereof…

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

§ 23-0313. Public access to records. 1. a. Any records or reports or portions thereof pertaining to the production, sale, purchase, acquisition, storage or injection of oil and gas and associated fluids and any records or reports or portions thereof pertaining to the transportati…

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

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

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

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

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

§ 23-1103. Procedure for obtaining gas storage lease. 1. The department may make leases on behalf of this state for the storage of gas, and liquefied petroleum gas, in state owned lands upon such terms and conditions including consideration as to it shall seem just and proper. 2.…

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

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

§ 23-1303. Authority to acquire property. 1. Any corporation empowered to produce, transport, distribute or store gas within this state for ultimate public use, which holds an underground storage permit from the department or which is otherwise lawfully operating an underground s…

§ 23-1305. Procedure for abandoning storage reservoir. In connection with the abondonment of any underground storage reservoir for which a permit has been granted pursuant to this article or in connection with the revocation of any such permit, the department shall require the pr…

§ 23-1307. Ownership of storage gas and storage rights. 1. All gas and liquefied petroleum gas, which has previously been reduced to possession, and which is lawfully injected into an underground storage reservoir, shall be deemed the property of the injector, his heirs, successo…

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

§ 23-1703. Legislative findings. The legislature finds that it is necessary for the protection of the public health, the environment and the economic welfare of the people of this state to regulate and control the siting of liquefied natural and petroleum gas facilities in this s…

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

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

§ 23-1709. Criteria for siting. 1. The department shall, after investigation and opportunity for public comment, within one year from the effective date of this section, adopt, and file with the secretary of state, regulations establishing criteria for the siting of liquefied nat…

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

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

§ 23-1715. Inspection to insure compliance; allocation of enforcement costs; revocation; civil and criminal penalties. 1. The department shall have continuing responsibility of inspection to insure compliance with the terms of an environmental safety permit issued under section 2…

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

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

§ 23-1721. Hardship; petition and hearing; permit. 1. Any person, upon a showing of hardship caused by the moratorium under subdivision one of section 23-1719 may petition the department for a review of the application of the moratorium to any proposed activity subject to this ti…

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

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

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

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

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

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

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

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

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

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

§ 23-2308. Prohibited disposal of used oil. 1. No person shall engage in the improper disposal of used oil. Used oil shall only be deposited in an available used oil retention facility or disposed of as otherwise authorized or permitted by the commissioner. The provisions of this…

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

§ 23-2311. Reports. The commissioner shall in consultation with the commissioners of the state energy office and transportation, submit a report to the governor and legislature not later than April first of each year, containing, but not limited to, the following information: 1. …

§ 23-2401. Legislative intent. The legislature finds and declares that the conservation of the state's oil reserves will be of broad benefit to the state. Through utilization of modern well closure technologies, oil will be conserved for the state's future. The legislature furthe…

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

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

§ 23-2703. Declaration of policy. 1. The legislature hereby declares that it is the policy of this state to foster and encourage the development of an economically sound and stable mining industry, and the orderly development of domestic mineral resources and reserves necessary t…

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

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

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

§ 23-2713. Mined land-use plan. 1. All mining and reclamation activities on the affected land shall be conducted in accordance with an approved mined land-use plan. The approved mined land-use plan shall consist of both a mining and a reclamation plan, and any other information w…

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

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

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