Title ENV, Environmental Conservation

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

§ 27-1016. Public education. The commissioner shall establish a public education program to disseminate information regarding implementation of this title. Such information shall include, but not be limited to, publication of the New York Bottle Bill of Rights as specified in sub…

§ 27-1018. Beverage container assistance program. Notwithstanding any other provision of law to the contrary, within the limits of appropriations therefor, the commissioner shall make state assistance payments to municipalities, businesses and not-for-profit organizations located…

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

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

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

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

§ 27-1105. Siting industrial hazardous waste facilities. 1. After the publication of siting criteria pursuant to subdivision one of section 27-1103 of this title, no person may commence construction or operation of the following industrial hazardous waste treatment, storage and d…

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

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

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

§ 27-1113. Community advisory committees. 1. In addition to any authority conferred by any other provision of law, a county within which an industrial hazardous waste treatment, storage and disposal facility subject to this title is to be situated, shall constitute a committee fo…

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

§ 27-1201. Definitions. When used in this title: 1. "Contaminant" means emerging contaminants pursuant to section eleven hundred twelve of the public health law, and, for solid waste sites, shall include parameters identified in regulations required to be tested by landfills to e…

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

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

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

§ 27-1209. Rules and regulations. The department shall promulgate rules and regulations necessary and appropriate to carry out the purposes of this title and shall at a minimum include such provisions for requisite due process and meaningful public participation as are appropriat…

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

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

§ 27-1303. Identification of sites. 1. a. For a period of one year after the effective date of the chapter of the laws of two thousand three designating and amending this paragraph, each county shall, for the purpose of locating inactive hazardous waste disposal sites, as that te…

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

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

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

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

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

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

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

§ 27-1317. New use of sites. Subsequent to the adoption of regulations by the department provided for in this section, no person may substantially change the manner in which an inactive hazardous waste disposal site on the registry prepared and maintained by the department pursua…

§ 27-1318. Institutional and engineering controls. (a) When the department approves a proposed remedial work plan that includes institutional controls and/or engineering controls as components of a proposed remedial program, such remedial work plan shall include: (i) a complete d…

§ 27-1319. State superfund management board. 1. a. There is hereby created within the department the "state superfund management board" hereinafter referred to as the board. Such board shall consist of fourteen members, including the commissioners of environmental conservation an…

§ 27-1321. Protection against liability. 1. Notwithstanding any other provision of law to the contrary, any person who is, by professional training or experience and attainment, qualified to analyze and interpret matters pertaining to the treatment, storage, disposal, or transpor…

§ 27-1323. Liability exemptions and defenses. 1. Lender exemption. (a) For purposes of this title no lender shall incur any liability from any statutory claims of the state as an owner or operator of a site, or a person responsible for the disposal of a hazardous waste at such si…

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

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

§ 27-1329. Abatement actions. 1. (a) Maintenance, jurisdiction, etc. When the commissioner, after investigation, determines that there may be an imminent danger to the health or welfare of the people of the state or the environment, or an actual or threatened release of hazardous…

§ 27-1331. Community participation. 1. To facilitate an inactive hazardous waste disposal site remedial program and enable community members to participate more fully in decisions that affect their community, the department shall provide opportunities for community involvement an…

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

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

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

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

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

§ 27-1411. Work plan requirements. 1. A remedial investigation work plan shall provide for the investigation and characterization of the nature and extent of the contamination within the boundaries of the brownfield site; provided, however, a participant shall also be required to…

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

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

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

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

§ 27-1420. Brownfield cleanup program report. 1. The commissioner, in consultation with the commissioner of taxation and finance, shall prepare on or before April thirtieth of each year, a report concerning the brownfield cleanup program which contains the following information f…

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

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