Title ENV, Environmental Conservation

§ 27-1429. Permit waivers.\n The department, by and through the commissioner, shall be exempt for\nactivities conducted pursuant to subdivision five of section 27-1411 of\nthis title and shall be authorized to exempt a person from the\nrequirement to obtain any state or local per…

§ 27-1431. Access to sites.\n The department, by and through the commissioner, shall be authorized\nto:\n 1. Require that any person permit a duly designated officer or\nemployee of the department or of a municipal corporation, or any agent,\nconsultant, or contractor of the depa…

§ 27-1433. Waiver of interest or penalties or other charges on\n brownfield properties.\n Notwithstanding any provision of law to the contrary, the governing\nbody of any tax district shall be authorized, by resolution, to permit\nthe enforcing officer to effect the cancellation …

§ 27-1437. BCP-EZ program.\n 1. The department may promulgate regulations to implement a program\nproviding for the expedited investigation and/or remediation of\ncontamination at brownfield sites (BCP-EZ program), provided that:\n (a) at the time of the application, the departme…

§ 27-1501. Definitions.\n 1. "Regulated medical waste" shall mean regulated medical waste as\ndefined pursuant to section thirteen hundred eighty-nine-aa of the\npublic health law and regulations promulgated thereunder, provided,\nhowever, that "regulated medical waste" shall not…

§ 27-1503. Applicability.\n It is the purpose of this title to regulate the transportation of\nregulated medical waste in a uniform manner throughout the state. All\nthe requirements of this title shall apply to any person or persons\nengaged in the storage, containment, treatmen…

§ 27-1504. Regulated medical waste tracking program.\n 1. The commissioner shall promulgate new regulations or amend existing\nregulations establishing a program for the tracking of the regulated\nmedical waste which is generated in this state. Such regulations shall\nnot be subj…

§ 27-1505. Storage and containment of regulated medical waste.\n 1. Containment of regulated medical waste shall be in a manner and\nlocation which affords protection from the environment and limits\nexposure to the public.\n 2. Unless otherwise approved by the department, regula…

§ 27-1507. Treatment and disposal of regulated medical waste.\n 1. Treatment or disposal of regulated medical waste shall be by one of\nthe following methods:\n a. By incineration in a regulated medical waste incineration facility\napproved and under permit pursuant to article ni…

§ 27-1509. Transfer of regulated medical waste to off-site treatment and\n disposal facilities.\n 1. No person shall transport regulated medical waste unless permitted\nas a regulated medical waste transporter by the department.\n 2. Vehicles transporting more than fifty pounds o…

§ 27-1510. Standards applicable to generators of regulated medical\n waste.\n 1. The commissioner shall promulgate regulations establishing\nstandards which shall be applicable to all generators of any quantity of\nregulated medical waste, as may be necessary to protect human hea…

§ 27-1511. Standards applicable to transporter of regulated medical\n waste.\n 1. The commissioner shall promulgate regulations establishing such\nstandards as shall be applicable to transporters of regulated medical\nwaste identified or listed under this title, as may be necessa…

§ 27-1513. Requirements for regulated medical waste treatment, storage\n and disposal facility.\n 1. Any person who operates a facility for the treatment, storage or\ndisposal of regulated medical waste shall have a valid and appropriate\nsolid waste management facility permit is…

§ 27-1515. Rules and Regulations.\n The commissioner shall promulgate rules and regulations in conformity\nwith the standards for storage, containment, transportation and disposal\nof regulated medical waste, pursuant to the provisions of this title.\nThe commissioner shall promu…

§ 27-1517. Permits for storage, transportation, treatment or disposal of\n regulated medical waste.\n 1. In order to assure that permits authorizing the storage,\ntransportation, treatment or disposal of regulated medical waste are not\nissued to or held by unqualified or unsuita…

§ 27-1519. Pilot projects.\n The commissioner shall cooperate with the commissioner of health to\ndevelop pilot projects pursuant to subdivision 3 of section 1389-dd of\nthe public health law to promote the safe handling, treatment and\ndisposal of medical waste generated in priv…

§ 27-1701. Lead-acid battery recycling.\n 1. Legislative findings. The legislature hereby finds that the\nimproper disposal of lead-acid batteries is a direct threat to the\nhealth and safety of the citizens of this state. Further, the\nlegislature finds that the disposal of thes…

§ 27-1801. Short title.\n This title shall be known as and may be cited as the "Extended\nProducer Responsibility Law for Rechargeable Batteries".\n

§ 27-1803. Definitions.\n When used in this title:\n 1. "battery manufacturer" means every person, firm or corporation\nthat: (i) produces rechargeable batteries sold or distributed in the\nstate, or packages such batteries for sale in the state, except that if\nsuch production o…

§ 27-1805. Rechargeable battery disposal ban.\n No person shall knowingly dispose of rechargeable batteries as solid\nwaste at any time in the state.\n

§ 27-1807. Rechargeable battery recycling program.\n 1. Rechargeable batteries shall be returned to a retailer that sells\nsuch batteries that are similar in shape, size, function and weight to\nthose to be disposed of. Rechargeable batteries contained in electronic\nproducts mus…

§ 27-1809. Enforcement of this title.\n 1. Any person who violates the provisions of section 27-1805 of this\ntitle shall be liable for a civil penalty in the amount of fifty dollars\nfor the first violation, one hundred dollars for a second violation\ncommitted within twelve mon…

§ 27-1811. State preemption.\n Jurisdiction in all matters pertaining to rechargeable battery\nrecycling is, by this title, vested exclusively in the state. Any\nprovision of any local law or ordinance, or any rule or regulation\npromulgated thereto, governing rechargeable batter…

§ 27-1901. Definitions.\n When used in this title:\n 1. "Abatement" means the removal of a sufficient number of waste tires\nfrom a noncompliant waste tire stockpile and restoration of the site to\na condition that is in substantial compliance with the rules and\nregulations admi…

§ 27-1903. Waste tire management priorities.\n In the interest of public health, safety and welfare and in order to\nconserve natural resources and to promote recycling and market\ndevelopment for waste tires, the state of New York establishes a policy\non the management of waste…

§ 27-1905. Mandatory tire acceptance; notices.\n 1. A tire service that maintains a physical retail location in the\nstate shall, until December thirty-first, two thousand twenty-seven:\n (a) accept from a customer, waste tires of approximately the same size\nand in a quantity eq…

§ 27-1907. Abatement of noncompliant waste tire stockpiles.\n 1. No later than one year from the effective date of this title, the\ndepartment shall prepare and submit to the governor and the legislature\na comprehensive plan designed to abate all noncompliant waste tire\nstockpi…

§ 27-1909. Market development.\n No later than one year after the effective date of this title and\ncontinuing annually thereafter, the department of economic development\nshall:\n 1. assist private market development with new technologies for waste\ntire reuse and recycling with…

§ 27-1911. Prohibition on land burial.\n 1. No person shall knowingly dispose of waste tires in a landfill\nexcept as provided in subdivision two of this section.\n 2. No moneys from the waste management and cleanup fund shall be used\nto dispose of waste tires in a landfill unle…

§ 27-1913. Waste tire management and recycling fee.\n 1. Until December thirty-first, two thousand twenty-seven, a waste\ntire management and recycling fee of two dollars and fifty cents shall\nbe charged on each new tire sold. The fee shall be paid by the purchaser\nto the tire …

§ 27-1915. Use of waste tire management and recycling fee funds.\n Waste tire management and recycling fees shall be deposited in the\nwaste management and cleanup fund established in section ninety-two-bb\nof the state finance law, and shall be made available for the following\n…

§ 27-2001. Definitions.\n As used in this title, the following terms shall have the following\nmeanings:\n 1. "architectural paint" means interior and exterior architectural\ncoatings sold in containers of five gallons or less; provided, however,\nthat "architectural paint" shall…

§ 27-2003. Postconsumer paint collection program.\n 1. No later than July first, two thousand twenty, a producer, either\nindividually or cooperatively, or a representative organization shall\nsubmit to the department for the department's approval a plan for the\nestablishment of…

§ 27-2005. Reporting requirements.\n 1. On or before October fifteenth, two thousand twenty-one, and\nannually thereafter, each operator of a program shall submit a report to\nthe commissioner that details the postconsumer paint collection program\nfor the prior year's program fr…

§ 27-2007. Department responsibilities.\n 1. The department shall promulgate all necessary rules and regulations\nincluding, but not limited to, standards for reuse.\n 2. The department shall (a) maintain a list of producers who are\nimplementing or participating pursuant to sect…

§ 27-2101. Definitions.\n As used in this title:\n 1. "Hazardous waste management facility" shall have the same meaning\nas "commercial hazardous waste facilities" as defined in section 27-0901\nof this article.\n 2. "Collector" means any person who accepts mercury-added consumer…

§ 27-2103. Labeling.\n 1. Mercury-added consumer products sold or offered for sale in this\nstate by a distributor or retailer shall be labeled by the manufacturer\nthereof in accordance with the provisions of this section.\n 2. Unless alternative labeling is approved by the comm…

§ 27-2105. Disposal.\n 1. No person shall knowingly or intentionally dispose of a\nmercury-added consumer product in solid waste or otherwise dispose of\nsuch a product except by separated delivery thereof to a solid waste\nmanagement facility or hazardous waste management facili…

§ 27-2107. Prohibitions.\n 1. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge in the state any\nmercury-added novelty consumer product. A manufacturer that produces or\nsells mercury-added novelty consumer products…

§ 27-2109. Advisory committee on mercury pollution.\n 1. There shall be established, within the department, an advisory\ncommittee on mercury pollution to examine, evaluate and make\nrecommendations concerning the prevention and cleanup of mercury\npollution, and the latest techn…

§ 27-2111. Regulations.\n The department shall promulgate and enforce any regulations necessary\nto implement the provisions of this title.\n Such regulations shall provide for the proper storage, recycling and\ndisposal of mercury-added consumer products at facilities regulated\…

§ 27-2113. Exemptions.\n 1. The provisions of this title shall not apply to photographic film\nand paper, pharmaceutical products, biological products or any substance\nthat may be lawfully sold over the counter without a prescription under\nthe federal Food, Drug and Cosmetic Ac…

§ 27-2115. Interstate clearinghouse.\n 1. (a) The department is authorized to participate in the regional,\nmulti-state clearinghouse to assist in carrying out the requirements of\nthis title. The department is authorized to collect the following\ninformation from product manufac…

§ 27-2117. Phase-out of mercury-added components in motor vehicles.\n 1. Commencing with the motor vehicle model year for the fourth year\nafter the calendar year in which this subdivision takes effect, no\nmanufacturer shall equip any motor vehicle sold in this state with any\nm…

§ 27-2119. Phase-out of mercury-containing flooring.\n 1. Commencing a year after the calendar year in which this section\ntakes effect, no public or nonpublic elementary or secondary school\nshall install a mercury-containing floor nor shall any school install a\nfloor over a me…

§ 27-2201. Definitions.\n 1. "Designated food scraps generator" means a person who generates at\na single location an annual average of two tons per week or more of food\nscraps between January first, two thousand twenty-three and December\nthirty-first, two thousand twenty-six, …

§ 27-2203. Designated food scraps generator responsibilities.\n 1. Effective January first, two thousand twenty-two:\n (a) all designated food scraps generators shall separate their excess\nedible food for donation for human consumption to the maximum extent\npracticable, and in …

§ 27-2205. Waste transporter responsibilities.\n 1. Any waste transporter that collects food scraps for recycling from\na designated food scraps generator shall:\n (a) deliver food scraps to a transfer facility that will deliver such\nfood scraps to an organics recycler unless su…

§ 27-2207. Transfer facility.\n Any transfer facility that receives food scraps from a designated food\nscraps generator must ensure that the food scraps are taken to an\norganics recycler unless such generator has received a temporary waiver\nunder subdivision three of section 2…

§ 27-2209. Food scraps disposal prohibition.\n Incinerators and landfills shall take all reasonable precautions to\nnot accept food scraps from designated food scraps generators required\nto send their food scraps to an organics recycler as outlined under\nsection 27-2203 of this…