Title ENV, Environmental Conservation

§ 27-0405. New York state local resource reuse and development program. 1. The department shall design and actively implement a local resource reuse and development program which shall promote the collection, intermediate processing and marketing of waste materials that are now b…

§ 27-0501. Definitions.\n 1. "Collection system development program" means a comprehensive\nreview of existing solid waste collection practices and the development\nof designs for efficient and cost-effective systems for the systematic\ncollection of solid waste of one or more mu…

§ 27-0503. State aid. 1. The commissioner may, in the name of the state, make or contract to make, within the limitation of appropriations therefor, a state grant for the payment to any municipality of not more than fifty percent of the eligible cost of collection system developm…

§ 27-0505. Powers and duties of the commissioner. In administering and enforcing the provisions of this title, the commissioner shall: 1. make an estimate of funds or appropriations for inclusion annually in the executive budget for state aid under this title including section 27…

§ 27-0507. Powers of municipalities. Any municipality may: 1. apply to and contract with the commissioner for state aid pursuant to this article; 2. enter into contracts for consulting, engineering and other professional services for the preparation of documents in respect to whi…

§ 27-0509. Technical assistance. The commissioner shall prepare and distribute to municipalities, and may distribute to other persons, upon request, information relevant to the source separation of solid waste. The commissioner shall provide consultations to assist in the develop…

§ 27-0701. Definitions. As used in this title: 1. "Solid waste" means all putrescible and non-putrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, except including but not…

§ 27-0703. Powers and duties of the department; solid waste management facilities. 1. To the maximum extent feasible, the department shall carry out the provisions of this title so as to facilitate short and long term planning for solid waste disposal, to promote cooperation amon…

§ 27-0704. Land burial and disposal in the counties of Nassau and Suffolk; special provisions. 1. Definitions. As used in this section the following terms shall have the following meanings: a. "Clean fill" shall mean material consisting of concrete, steel, wood, sand, dirt, soil,…

§ 27-0705. Adoption of rules and regulations; public hearings. A rule or regulation or any amendment or repeal thereof shall not be adopted until after public hearing thereon. Notice of such hearing shall be given at least sixty days prior to the scheduled date of the hearing by …

§ 27-0706. Closure requirements for certain landfills and recycling requirements for certain municipalities. 1. For the purpose of this section the term "landfill" shall have the same meaning as such term is defined in subdivision twelve of section 27-0901 of this article. 2. a. …

§ 27-0707. Permits for new solid waste management facilities. 1. On and after the effective date of the initial rules and regulations of the department promulgated pursuant to subdivision one of section 27-0703, no person shall commence operation, including site preparation and c…

§ 27-0711. Local laws, ordinances and regulations. Any local laws, ordinances or regulations of any governing body of a county, city, town or village which are not inconsistent with this title or with any rule or regulation which shall be promulgated pursuant to this title shall …

§ 27-0712. Coverage of all vehicles, including barges transporting solid waste. 1. Legislative findings and intent. It is the purpose of this section to assure that solid waste management is conducted in a safe, sanitary, efficient and environmentally sound manner throughout the …

§ 27-0715. Solid waste management technical assistance. 1. The department shall conduct a comprehensive program of technical assistance to local governments, the private sector and individuals to enhance their capabilities to properly plan for and implement solid waste management…

§ 27-0717. Bureau of waste reduction and recycling. 1. The commissioner, with the approval of the director of the division of the budget, shall establish within the department a bureau of waste reduction and recycling. Such bureau shall be a separate entity to assist in the devel…

§ 27-0719. Battery management and disposal. 1. Legislative intent. It is the intent of the legislature to minimize the risk to the environment posed by batteries, both in consumer and non-consumer uses, whether rechargeable or nonrechargeable. Such risk is to be addressed through…

§ 27-0900. Applicability. It is the purpose of this title to regulate the management of hazardous waste (from its generation, storage, transportation, treatment and disposal) in this state and to do so in a manner consistent with the Federal Solid Waste Disposal Act, as amended b…

§ 27-0901. Definitions. When used in this title: 1. "Administrator" means the administrator of the federal environmental protection agency. 2. "Disposal" means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such subs…

§ 27-0903. Identification and listing of hazardous waste. 1. The commissioner shall promulgate regulations in a manner consistent with the state administrative procedure act, setting forth the criteria for identification and listing of hazardous wastes. Based on these criteria, t…

§ 27-0905. Manifest system. Not later than six months after the promulgation of regulations for hazardous wastes pursuant to paragraph one of section 27-0903 of this title, and after consultation and coordination with the commissioner of transportation, the commissioner shall pro…

§ 27-0907. Standards applicable to generators of hazardous waste. Not later than eighteen months after the effective date of this title, in a manner consistent with the state administrative procedure act, the commissioner shall promulgate regulations establishing standards which …

§ 27-0908. Hazardous waste reduction plans. 1. When used in this section, the following terms shall have the following definitions: a. "Acute hazardous waste" means any waste identified or listed as such in the regulations promulgated under section 27-0903 of this title. b. "Gene…

§ 27-0909. Standards applicable to transporters of hazardous waste. Not later than eighteen months after the effective date of this title, and after consultation and coordination with the commissioner of transportation, and after opportunity for public hearings, the commissioner …

§ 27-0910. Standards applicable to marketers of hazardous waste fuel. The commissioner shall promulgate regulations establishing standards applicable to any person who distributes or markets any fuel which is produced from (a) facilities which produce a fuel (i) from any hazardou…

§ 27-0911. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities. 1. Standards applicable to owners and operators of hazardous waste treatment, storage and disposal facilities shall be those established in title seven of this …

§ 27-0912. Land disposal of hazardous waste. 1. The commissioner may promulgate rules and regulations restricting or prohibiting the land disposal of specified hazardous wastes which are identified or listed pursuant to section 27-0903 of this title. Such rules and regulations ma…

§ 27-0913. Permits and registrations for storage, transportation, treatment, or disposal of hazardous wastes. 1. a. No person shall engage in storage, treatment, or disposal, including storage at the site of generation, of hazardous wastes without first having obtained a permit p…

§ 27-0914. Unauthorized possession, disposal and dealing in hazardous wastes. 1. No person shall possess hazardous wastes without authorization. 2. No person shall dispose of hazardous wastes without authorization. 3. No person shall deal in hazardous wastes without authorization…

§ 27-0915. Inspections and general reporting. 1. For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this title, any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous wastes shall,…

§ 27-0916. Department authority for cleanups. 1. The department shall have authority to clean up or return to its original state any area where hazardous wastes were disposed, possessed or dealt in unlawfully in violation of section 27-0914 of this article. For the purpose of thi…

§ 27-0917. Financial requirements for hazardous waste facilities. 1. Within eighteen months after the effective date of this section, the commissioner shall promulgate regulations for hazardous waste facilities identifying financial requirements to be included as conditions in ha…

§ 27-0918. Closure and post-closure plans. 1. Owners and operators of hazardous waste facilities shall submit to the department for its approval plans for the closure and post-closure monitoring and maintenance of their facilities. The department may promulgate rules and regulati…

§ 27-0919. Proprietary information. The department shall hold confidential any information concerning the chemical composition, quantity, method of treatment or disposal of hazardous waste or any information related thereto when shown by any person that such information, if made …

§ 27-0920. Reports. 1. Subject to the moneys available to the department for such purposes, the department shall submit to the governor, the temporary president of the senate and the speaker of the assembly on an annual basis a complete and detailed report setting forth: (a) The …

§ 27-0921. Short-term management. 1. a. The commissioner shall immediately begin preparation of a proposal for a short-term hazardous waste management program for the effective and safe disposal, treatment and storage of hazardous waste. Such program shall be coordinated with the…

§ 27-0922. Prohibitions. The use of waste oil or used oil or other material which is contaminated or mixed with any chlorinated dibenzo-p-dioxin, or any other hazardous waste identified or listed according to the regulations promulgated pursuant to section 27-0903 of this title (…

§ 27-0923. Special assessments on hazardous wastes generated. 1. On and after June first, nineteen hundred eighty-five, there is hereby imposed upon every person who is engaged within the state in the generation of hazardous waste identified or listed pursuant to this title a spe…

§ 27-0924. Hazardous materials enforcement training program. 1. The department shall formulate and establish, no later than July first, nineteen hundred eighty-five and thereafter from time to time reformulate, a specialized educational program to be known as the "hazardous mater…

§ 27-0925. Local assessments on hazardous waste treatment, storage and disposal facilities. 1. (a) Notwithstanding any other provisions of law to the contrary, any city or town of this state, acting through its local legislative body, is hereby authorized and empowered to adopt a…

§ 27-0926. Use and recycling of elemental mercury and dental amalgam by dentists. 1. No dentist shall use or possess elemental mercury in the practice of dentistry unless such elemental mercury is contained in appropriate pre-encapsulated capsules specifically designed for the mi…

§ 27-1001. Legislative findings. The legislature hereby finds that litter composed of discarded beverage containers is a growing problem of state concern and a direct threat to the health and safety of the citizens of this state. Discarded beverage containers create a hazard to v…

§ 27-1003. Definitions. Whenever used in this title: 1. "Beverage" means carbonated soft drinks, water, beer, other malt beverages and a wine product as defined in subdivision thirty-six-a of section three of the alcoholic beverage control law. "Malt beverages" means any beverage…

§ 27-1005. Refund value. No person shall sell or offer for sale a beverage container in this state unless the deposit on such beverage container is or has been collected by a registered deposit initiator and unless such container has a refund value of not less than five cents whi…

§ 27-1007. Mandatory acceptance. Except as provided in section 27-1009 of this title: 1. (a) A dealer shall accept at his or her place of business from a redeemer any empty beverage containers of the design, shape, size, color, composition and brand sold or offered for sale by th…

§ 27-1009. Refusal of acceptance. 1. A dealer or operator of a redemption center may refuse to accept from a redeemer, and a deposit initiator or distributor may refuse to accept from a dealer or operator of a redemption center any empty beverage container which does not state th…

§ 27-1011. Beverage container requirements. 1. a. Every beverage container sold or offered for sale in this state shall clearly indicate by permanently marking or embossing the container or by printing as part of the product label the refund value of the container and the words "…

§ 27-1012. Deposit and disposition of refund values; registration; reports. 1. Each deposit initiator shall deposit in a refund value account an amount equal to the refund value initiated under section 27-1005 of this title which is received with respect to each beverage containe…

§ 27-1013. Redemption centers. 1. The commissioner is hereby empowered to promulgate rules and regulations governing (a) the circumstances in which deposit initiators, dealers and distributors, individually or collectively, are required to accept the return of empty beverage cont…

§ 27-1014. Authority to promulgate rules and regulations. In addition to the authority of the commissioner, under sections 27-1009 and 27-1013 of this title, the commissioner shall have the power to promulgate rules and regulations necessary and appropriate for the administration…