Title ENV, Environmental Conservation

§ 27-1429. Permit waivers. The department, by and through the commissioner, shall be exempt for activities conducted pursuant to subdivision five of section 27-1411 of this title and shall be authorized to exempt a person from the requirement to obtain any state or local permit o…

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

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

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

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

§ 27-1503. Applicability. It is the purpose of this title to regulate the transportation of regulated medical waste in a uniform manner throughout the state. All the requirements of this title shall apply to any person or persons engaged in the storage, containment, treatment, di…

§ 27-1504. Regulated medical waste tracking program. 1. The commissioner shall promulgate new regulations or amend existing regulations establishing a program for the tracking of the regulated medical waste which is generated in this state. Such regulations shall not be subject t…

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

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

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

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

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

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

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

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

§ 27-1519. Pilot projects. The commissioner shall cooperate with the commissioner of health to develop pilot projects pursuant to subdivision 3 of section 1389-dd of the public health law to promote the safe handling, treatment and disposal of medical waste generated in private r…

§ 27-1701. Lead-acid battery recycling. 1. Legislative findings. The legislature hereby finds that the improper disposal of lead-acid batteries is a direct threat to the health and safety of the citizens of this state. Further, the legislature finds that the disposal of these bat…

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

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

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

§ 27-1807. Rechargeable battery recycling program. 1. Rechargeable batteries shall be returned to a retailer that sells such batteries that are similar in shape, size, function and weight to those to be disposed of. Rechargeable batteries contained in electronic products must be …

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

§ 27-1811. State preemption. Jurisdiction in all matters pertaining to rechargeable battery recycling is, by this title, vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing rechargeable battery rec…

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

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

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

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

§ 27-1909. Market development. No later than one year after the effective date of this title and continuing annually thereafter, the department of economic development shall: 1. assist private market development with new technologies for waste tire reuse and recycling with an emp…

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

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

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

§ 27-2001. Definitions. As used in this title, the following terms shall have the following meanings: 1. "architectural paint" means interior and exterior architectural coatings sold in containers of five gallons or less; provided, however, that "architectural paint" shall not in…

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

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

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

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

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

§ 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. 1. On and after January first, two thousand five, no person shall sell, offer for sale or distribute free of charge in the state any mercury-added novelty consumer product. A manufacturer that produces or sells mercury-added novelty consumer products shal…

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

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

§ 27-2113. Exemptions. 1. The provisions of this title shall not apply to photographic film and paper, pharmaceutical products, biological products or any substance that may be lawfully sold over the counter without a prescription under the federal Food, Drug and Cosmetic Act, 21…

§ 27-2115. Interstate clearinghouse. 1. (a) The department is authorized to participate in the regional, multi-state clearinghouse to assist in carrying out the requirements of this title. The department is authorized to collect the following information from product manufacturer…

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

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

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

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

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

§ 27-2207. Transfer facility. Any transfer facility that receives food scraps from a designated food scraps generator must ensure that the food scraps are taken to an organics recycler unless such generator has received a temporary waiver under subdivision three of section 27-220…

§ 27-2209. Food scraps disposal prohibition. Incinerators and landfills shall take all reasonable precautions to not accept food scraps from designated food scraps generators required to send their food scraps to an organics recycler as outlined under section 27-2203 of this titl…