Title ENV, Environmental Conservation

§ 27-1015. Violations.\n 1. Except as otherwise provided in this section and section 27-1012 of\nthis title, any person who shall violate any provision of this title\nshall be liable to the state of New York for a civil penalty of not more\nthan five hundred dollars, and an addit…

§ 27-1016. Public education.\n The commissioner shall establish a public education program to\ndisseminate information regarding implementation of this title. Such\ninformation shall include, but not be limited to, publication of the New\nYork Bottle Bill of Rights as specified i…

§ 27-1018. Beverage container assistance program.\n Notwithstanding any other provision of law to the contrary, within the\nlimits of appropriations therefor, the commissioner shall make state\nassistance payments to municipalities, businesses and not-for-profit\norganizations lo…

§ 27-1019. Severability.\n The provisions of this title shall be severable and if any phrase,\nclause, sentence or provision of this title, or the applicability\nthereof to any person or circumstance shall be held invalid, the\nremainder of this title and the application thereof …

§ 27-1101. Definitions.\n As used in this title, unless the context otherwise requires:\n 1. "Person" means any individual, public or private corporation,\npolitical subdivision, government agency, industry, partnership,\nassociation, firm, trust, estate or any other legal entity…

§ 27-1102. Hazardous waste disposal capacity assurances and statewide\n hazardous waste facility siting plan.\n 1. The department shall immediately begin preparation of a statewide\nhazardous waste facility siting plan to establish a framework to guide\nstate agencies and authori…

§ 27-1103. Criteria for siting industrial hazardous waste treatment,\n storage and disposal facilities.\n 1. The commissioner shall, after investigation and opportunity for\npublic comment, within one year from the effective date of this section,\npublish criteria for siting indu…

§ 27-1105. Siting industrial hazardous waste facilities.\n 1. After the publication of siting criteria pursuant to subdivision\none of section 27-1103 of this title, no person may commence\nconstruction or operation of the following industrial hazardous waste\ntreatment, storage …

§ 27-1107. Powers of municipalities.\n Notwithstanding any other provision of law, no municipality may,\nexcept as expressly authorized by this article or the board, require any\napproval, consent, permit, certificate or other condition including\nconformity with local zoning or …

§ 27-1109. State siting requirements.\n 1. Within one year from the adoption of the plan required to be\nprepared pursuant to section 27-1102 of this title, and annually\nthereafter, the department shall review the implementation of the plan\nincluding the status of all existing …

§ 27-1111. Public participation and education.\n The department shall establish a public information program which\naddresses:\n 1. The nature and dimension of the industrial hazardous waste\ntreatment, storage and disposal facility siting problem.\n 2. The need for the establish…

§ 27-1113. Community advisory committees.\n 1. In addition to any authority conferred by any other provision of\nlaw, a county within which an industrial hazardous waste treatment,\nstorage and disposal facility subject to this title is to be situated,\nshall constitute a committ…

§ 27-1115. Aid to local governments.\n No later than the first day of April, nineteen hundred eighty-eight,\nthe department shall submit to the legislature and the governor a report\nrecommending appropriate forms of state aid or assistance to local\ngovernmental units within the…

§ 27-1201. Definitions.\n When used in this title:\n 1. "Contaminant" means emerging contaminants pursuant to section\neleven hundred twelve of the public health law, and, for solid waste\nsites, shall include parameters identified in regulations required to be\ntested by landfil…

§ 27-1203. Mitigation and remediation of solid waste sites.\n 1. The solid waste site priority in this state is to mitigate and\nremediate any solid waste site causing or substantially contributing to\nimpairments of drinking water quality which may impact public health.\n 2. The…

§ 27-1205. Mitigation of contaminants in drinking water.\n 1. Whenever the commissioner of health has required a public water\nsystem to take action to reduce exposure to an emerging contaminant or\nemerging contaminants and has determined that the concentration of the\nemerging …

§ 27-1207. Use and reporting of the solid waste mitigation program and\n the drinking water response program.\n 1. Pursuant to the clean water infrastructure act of two thousand\nseventeen and within the up to one hundred thirty million dollars\nappropriated for such purposes, mi…

§ 27-1209. Rules and regulations.\n The department shall promulgate rules and regulations necessary and\nappropriate to carry out the purposes of this title and shall at a\nminimum include such provisions for requisite due process and meaningful\npublic participation as are appro…

§ 27-1211. Protection against liability and liability exemptions and\n defenses.\n In addition to common law defenses, the provisions of sections 27-1321\nand 27-1323 of this article shall apply to a solid waste site that is\ncausing or substantially contributing to contamination…

§ 27-1301. Definitions.\n When used in this title:\n 1. "Hazardous waste" means a waste which appears on the list or\nsatisfies the characteristics promulgated by the commissioner pursuant\nto section 27-0903 of this article and any substance which appears on\nthe list promulgate…

§ 27-1303. Identification of sites.\n 1. a. For a period of one year after the effective date of the chapter\nof the laws of two thousand three designating and amending this\nparagraph, each county shall, for the purpose of locating inactive\nhazardous waste disposal sites, as th…

§ 27-1305. Reports by the department; registry of sites.\n 1. The department shall maintain and make available for public\ninspection, either at each of its regional offices and regional\nsub-offices, at the office of the county clerk or register for each\ncounty and at the offic…

§ 27-1307. Reports to the department.\n 1. In order to facilitate the department's efforts to secure\ninformation about inactive hazardous waste disposal sites in the state,\nany person shall, upon the request of the department, furnish to the\ndepartment, in a form and manner pr…

§ 27-1309. Access to records and sites.\n 1. Every person shall, upon the written request of the commissioner or\na designee, permit a duly designated officer or employee of the\ndepartment at all reasonable times to have access to and to copy all\nbooks, papers, documents and re…

§ 27-1311. Confidentiality.\n 1. The department or any other state agency shall hold confidential\nany information in any report to the department made pursuant to section\n27-1307 of this article or any records secured by the department or any\ninspection, sampling or analysis m…

§ 27-1313. Remedial programs.\n 1. a. The department shall be responsible, as provided in this\nsection, for inactive hazardous waste disposal site remedial programs\nexcept as provided in section one thousand three hundred eighty-nine-b\nof the public health law.\n b. The depart…

§ 27-1315. Rules and regulations.\n 1. The commissioner shall have the power to promulgate rules and\nregulations necessary and appropriate to carry out the purposes of this\ntitle. Any regulations shall include provisions which establish the\nprocedures for a hearing pursuant to…

§ 27-1316. Citizen technical assistance grants.\n 1. The commissioner is authorized to provide, or order a person acting\nunder order or on consent, to provide grants to any not-for-profit\ncorporation exempt from taxation under section 501(c)(3) of the internal\nrevenue code who…

§ 27-1317. New use of sites.\n Subsequent to the adoption of regulations by the department provided\nfor in this section, no person may substantially change the manner in\nwhich an inactive hazardous waste disposal site on the registry prepared\nand maintained by the department p…

§ 27-1318. Institutional and engineering controls.\n (a) When the department approves a proposed remedial work plan that\nincludes institutional controls and/or engineering controls as\ncomponents of a proposed remedial program, such remedial work plan shall\ninclude:\n (i) a com…

§ 27-1319. State superfund management board.\n 1. a. There is hereby created within the department the "state\nsuperfund management board" hereinafter referred to as the board. Such\nboard shall consist of fourteen members, including the commissioners of\nenvironmental conservati…

§ 27-1321. Protection against liability.\n 1. Notwithstanding any other provision of law to the contrary, any\nperson who is, by professional training or experience and attainment,\nqualified to analyze and interpret matters pertaining to the treatment,\nstorage, disposal, or tra…

§ 27-1323. Liability exemptions and defenses.\n 1. Lender exemption. (a) For purposes of this title no lender shall\nincur any liability from any statutory claims of the state as an owner\nor operator of a site, or a person responsible for the disposal of a\nhazardous waste at su…

§ 27-1325. Financial responsibility provisions.\n 1. The department shall promulgate regulations regarding financial\nresponsibility for the implementation of an inactive hazardous waste\ndisposal site remedial program.\n 2. Financial responsibility required by subdivision one of…

§ 27-1327. Recovery of response costs and natural resource damages.\n 1. Each responsible person shall be strictly liable, jointly and\nseverally, for all response costs and for all natural resource damages\nresulting from the disposal of hazardous waste at an inactive hazardous\…

§ 27-1329. Abatement actions.\n 1. (a) Maintenance, jurisdiction, etc. When the commissioner, after\ninvestigation, determines that there may be an imminent danger to the\nhealth or welfare of the people of the state or the environment, or an\nactual or threatened release of haza…

§ 27-1331. Community participation.\n 1. To facilitate an inactive hazardous waste disposal site remedial\nprogram and enable community members to participate more fully in\ndecisions that affect their community, the department shall provide\nopportunities for community involveme…

§ 27-1401. Short title.\n This title shall be known and may be cited as the "Brownfield Cleanup\nProgram".\n

§ 27-1403. Declaration of policy and findings of fact.\n The legislature hereby finds that there are thousands of abandoned and\nlikely contaminated properties that threaten the health and vitality of\nthe communities they burden, and that these sites, known as brownfields,\nare …

§ 27-1405. Definitions.\n 1. "Applicant" shall mean a person whose request to participate in the\nbrownfield cleanup program under this title has been accepted by the\ndepartment:\n (a) "Participant" shall mean an applicant who either: (i) was the\nowner of the site at the time o…

§ 27-1407. Request for participation.\n 1. A person who seeks to participate in this program shall submit a\nrequest to the department on a form provided by the department. Such\nform shall include information to be determined by the department\nsufficient to allow the department…

§ 27-1409. Brownfield site cleanup agreement.\n The agreement shall include, but not be limited to, the following\nprovisions:\n 1. One describing the boundaries of the real property that is subject\nto the brownfield site cleanup agreement;\n 2. One requiring: (a) the participan…

§ 27-1411. Work plan requirements.\n 1. A remedial investigation work plan shall provide for the\ninvestigation and characterization of the nature and extent of the\ncontamination within the boundaries of the brownfield site; provided,\nhowever, a participant shall also be requir…

§ 27-1413. Alternatives analysis.\n 1. For sites proposed to be remediated under Track 1 pursuant to\nsection 27-1415 of this title, the applicant shall develop and evaluate\nat least one remedial alternative.\n 2. For all other sites, the applicant shall develop and evaluate at\…

§ 27-1415. Remedial program requirements.\n 1. Remedial programs. All remedial programs shall be protective of\npublic health and the environment including but not limited to\ngroundwater according to its classification pursuant to section 17-0301\nof this chapter; drinking water…

§ 27-1417. Citizen participation.\n 1. Citizen participation handbook. The commissioner shall prepare a\ncitizen participation handbook for the purpose of providing guidance to\napplicants in the design and implementation of meaningful citizen\nparticipation plans consistent with…

§ 27-1419. Certification of completion.\n 1. Upon certification by the applicant that the remediation\nrequirements of this title have been or will be achieved in accordance\nwith the schedules provided in reports submitted to the department on\nthe remedial work plan for the bro…

§ 27-1420. Brownfield cleanup program report.\n 1. The commissioner, in consultation with the commissioner of taxation\nand finance, shall prepare on or before April thirtieth of each year, a\nreport concerning the brownfield cleanup program which contains the\nfollowing informat…

§ 27-1421. Liability limitation.\n 1. Notwithstanding any other provision of law and except as provided\nin subdivision two of this section, after the department has issued a\ncertificate of completion for a brownfield site, the applicant shall not\nbe liable to the state upon an…

§ 27-1425. Change of use.\n 1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a brownfield site or at\nleast sixty days before a change of use at such site not involving any\nphysical alteration or construction, as the…