Title ENV, Environmental Conservation

§ 27-2211. Department responsibilities.\n 1. The department shall publish on its website: (a) the methodology\nthe department will use to determine who is a designated food scrap\ngenerator; (b) the waiver process; (c) procedures to minimize odors and\nvectors; and (d) a list of …

§ 27-2213. Regulations.\n The department shall, after one or more public hearings, promulgate\nrules and regulations necessary to implement the provisions of this\ntitle including: (a) the methodology the department will use to\ndetermine who is a designated food scraps generator…

§ 27-2215. Exclusions.\n 1. This title shall not apply to any designated food scraps generators\nlocated in a city with a population of one million or more which has a\nlocal law, ordinance or regulation in place which requires the diversion\nof edible food and food scraps from d…

§ 27-2217. Annual report.\n No later than January first, two thousand twenty-three, and on an\nannual basis thereafter, the department shall submit an annual report to\nthe governor and legislature describing the operation of the food\ndonation and food scraps recycling program i…

* § 27-2218. Supermarket excess edible food.\n 1. For the purpose of this section, "supermarket" means a physical\nretail store which has at the subject location more than ten thousand\nsquare feet devoted to offering food for human consumption for sale to\nthe general public and…

§ 27-2219. Severability.\n The provisions of this title shall be severable and if any portion\nthereof or the applicability thereof to any person or circumstance is\nheld invalid, the remainder of this title and the application thereof\nshall not be affected thereby.\n

* § 27-2301. Definitions.\n As used in this title:\n 1. "Container" shall mean any portable device in which a material is\nstored, transported, treated, disposed of or otherwise handled.\n 2. "Contingency plan" means a document describing organized, planned\nand technically coord…

* § 27-2301. Definitions.\n For the purposes of this section:\n 1. "Wireless telephone service supplier" means a person or entity\nwhich provides wireless telephone service, as defined in paragraph (b)\nof subdivision one of section twelve hundred twenty-five-c of the\nvehicle an…

* § 27-2303. Regulation of vehicle dismantling facilities.\n All vehicle dismantlers owning or controlling a facility for the\ndismantling of end of life vehicles on site shall be subject to the\nrequirements of this title.\n 1. An annual report shall be submitted to the departme…

* § 27-2303. Wireless telephone collection.\n 1. (a) Every wireless telephone service supplier engaged in the retail\nsale of wireless telephones shall:\n (i) accept, at no charge, up to ten used wireless telephones from any\nperson during the normal business hours of such busine…

§ 27-2305. Preemption and severability.\n 1. Any provision of any local law or ordinance, or any rule or\nregulation promulgated thereto, governing the collection, return or\nrecycling of wireless telephones shall upon the effective date of this\ntitle be preempted.\n 2. The prov…

§ 27-2401. Definitions.\n As used in this title:\n 1. "Owner" shall mean any person or persons who owns a dwelling unit\nor commercial space located on real property.\n 2. "Real property" shall mean lands, tenements and hereditaments.\n

§ 27-2403. Notification requirements.\n 1. A person identified as a responsible party pursuant to title\nthirteen of this article or a participant as defined in paragraph (a) of\nsubdivision one of section 27-1405 of this article shall provide within\nthirty days of validation of…

§ 27-2405. Tenant notification of indoor air contamination.\n 1. For purposes of this section:\n a. "test results" shall include the results of any tests conducted on\nindoor air, subslab air, ambient air, subslab groundwater samples, and\nsubslab soil samples; and\n b. "issuer" …

§ 27-2501. Definitions.\n 1. As used in this title, the term "creosote" means a substance\nobtained from the high temperature treatment of coal and coal tar and\nthat is used primarily as a wood preservative.\n 2. As used in this title, the term "marina" shall have the same\nmean…

§ 27-2503. Prohibition of manufacture, sale, and use of creosote.\n 1. Except as set forth in subdivision two of this section and section\n27-2513 of this title, on and after January first, two thousand eight,\ncreosote or products containing creosote shall not be manufactured,\n…

§ 27-2505. Disposal of creosote prohibited.\n On and after January first, two thousand eight, neither creosote nor\nany wood or other product treated with or containing creosote shall be\ndisposed of in this state, except in a permitted facility pursuant to\nthis section, in a la…

§ 27-2507. Combustion of creosote.\n On and after January first, two thousand eight, neither creosote or\nany wood or other product treated with or containing creosote shall be\nburned in any manner in this state, including in fireplaces and stoves,\nexcept in a facility permitte…

§ 27-2509. Powers and duties of the commissioner.\n 1. The commissioner shall have the power and the duty to adopt such\nrules and regulations as he or she deems necessary for the\nimplementation of this title.\n 2. The commissioner may, at his or her discretion, grant an emergen…

§ 27-2511. Powers and duties of the department.\n The department or the commissioner, as appropriate, shall have the\nauthority to:\n 1. Administer and enforce this title and any rules and regulations\nadopted pursuant to this title.\n 2. Issue such orders and initiate such proce…

§ 27-2513. Exemptions.\n Notwithstanding any inconsistent provision of law, this title shall\nnot apply to:\n 1. railroads, as defined in subdivisions twenty-four and twenty-nine\nof section two of the transportation law or within the scope of titles\nnine and eleven of article f…

§ 27-2601. Definitions.\n As used in this title:\n 1. "Cathode ray tube" means a vacuum tube or picture tube used to\nconvert an electronic signal into a visual image.\n 2. "Computer" means an electronic, magnetic, optical, electrochemical\nor other high-speed data processing dev…

§ 27-2603. Manufacturer collection; recycling surcharge.\n 1. (a) Beginning April first, two thousand eleven, a manufacturer of\ncovered electronic equipment must accept for collection, handling and\nrecycling or reuse electronic waste for which it is the manufacturer.\nSuch wast…

§ 27-2605. Manufacturer electronic waste registration and\n responsibilities.\n 1. A manufacturer shall submit a registration on a form prescribed by\nthe department to the department by January first, two thousand eleven,\nalong with a registration fee of five thousand dollars. …

§ 27-2607. Retailer requirements.\n 1. At the location of sale of covered electronic equipment, a retailer\nshall provide purchasers of covered electronic equipment with\ninformation, if any, about opportunities for the return of electronic\nwaste that has been provided to the re…

§ 27-2609. Labeling.\n Beginning April first, two thousand eleven, a manufacturer may not\noffer for sale in the state or deliver to retailers for subsequent sale\ncovered electronic equipment unless it has a visible, permanent label\nclearly identifying the manufacturer of that …

§ 27-2611. Disposal ban.\n 1. Beginning April first, two thousand eleven, no manufacturer,\nretailer, or owner or operator of an electronic waste collection site,\nelectronic waste consolidation facility or electronic waste recycling\nfacility in the state shall dispose of electr…

§ 27-2613. Electronic waste collection, consolidation and recycling.\n 1. Electronic waste collection sites. No later than January first, two\nthousand eleven, each person who owns or operates an electronic waste\ncollection site in the state shall:\n (a) register with the depart…

§ 27-2615. Department responsibilities.\n 1. The department is authorized to promulgate rules and regulations\nnecessary to implement and administer this title. At a minimum, the\ndepartment shall promulgate rules and regulations on: standards for\nreuse; electronic waste accepta…

§ 27-2617. Reporting requirements.\n 1. Beginning March first, two thousand twelve, for the period of April\nfirst, two thousand eleven through December thirty-first, two thousand\neleven and each calendar year thereafter, a manufacturer that offers\ncovered electronic equipment …

§ 27-2619. Preemption.\n Jurisdiction in all matters pertaining to electronic waste recycling,\nincluding but not limited to the obligations of manufacturers,\nretailers, electronic waste collection sites, electronic waste\nconsolidation facilities and electronic waste recycling …

§ 27-2621. Disposition of fees.\n All fees and charges collected pursuant to this title shall be\ndeposited into the environmental protection fund established pursuant to\nsection ninety-two-s of the state finance law.\n

* § 27-2701. Definitions.\n As used in this title:\n 1. "Compostable plastic bag" means a plastic bag that at a minimum\nmeets the American Society for Testing and Materials standard D6400 for\ncompostable plastic, as amended.\n 2. "Manufacturer" means the producer of a plastic c…

* § 27-2701. Definition.\n As used in this title, "drug" means any drug, as defined in\nsubdivision seven of section sixty-eight hundred two of the education\nlaw.\n * NB There are 2 § 27-2701's\n

* § 27-2703. Store operator responsibilities.\n 1. The operator of a store shall establish an at-store recycling\nprogram pursuant to the provisions of this title that provides an\nopportunity for a customer of the store to return to the store clean\nplastic carryout bags and fil…

* § 27-2703. Public information on the disposal of drugs.\n 1. The department in consultation with the department of health, shall\ndevelop and implement a public information program on the proper\ndisposal of drugs pursuant to this title. Such public information\nprogram shall i…

§ 27-2705. Recycling program requirements.\n An at-store recycling program provided by the operator of a store\nshall require:\n 1. a plastic carryout bag provided by the store to have printed or\ndisplayed on the bag, in a manner visible to a consumer, the words\n"PLEASE RETURN …

§ 27-2707. Manufacturer responsibilities.\n 1. When the manufacturer accepts plastic carryout bags and film\nplastic for return, it or its agent shall maintain, for a minimum of\nthree years, records describing the collection, transport and recycling\nof plastic carryout bags and…

§ 27-2709. Department responsibility.\n 1. The department shall develop educational materials to encourage the\nreduction, reuse and recycling of plastic carryout bags and film plastic\nand shall make those materials available to stores required to comply\nwith this article.\n 2.…

§ 27-2711. Regulations.\n The department is authorized to promulgate any rules and regulations\nnecessary to implement the provisions of this title and shall\npromulgate, and update the most recent version of, rules and regulations\npertaining to the definition of compostable as …

§ 27-2713. Preemption.\n Jurisdiction in all matters pertaining to plastic bag and film plastic\nrecycling is by this article vested exclusively in the state. Any\nprovision of any local law or ordinance, or any rule or regulation\npromulgated thereto, governing the recycling of …

§ 27-2801. Definitions.\n As used in this title:\n 1. "Exempt bag" means a bag: (a) used solely to contain or wrap\nuncooked meat, fish, or poultry; (b) bags used by a customer solely to\npackage bulk items such as fruits, vegetables, grains, or candy; (c)\nbags used solely to co…

§ 27-2803. Plastic carryout bag ban.\n 1. No person required to collect tax shall distribute any plastic\ncarryout bags to its customers unless such bags are exempt bags as\ndefined in subdivision one of section 27-2801 of this title.\n 2. No person required to collect tax shall …

§ 27-2805. Paper carryout bag reduction fee.\n 1. (a) Notwithstanding any other provision of law to the contrary, any\ncity and any county, other than a county wholly within such a city,\nacting through its local legislative body, is hereby authorized and\nempowered to adopt and …

§ 27-2807. Violations.\n 1. Any person required to collect tax who violates any provision of\nsection 27-2803 of this title shall receive a warning notice for the\nfirst such violation. A person required to collect tax shall be liable\nto the state of New York for a civil penalty…

§ 27-2809. Preemption of local law.\n Jurisdiction in all matters pertaining to plastic carryout bags is\nvested exclusively in the state.\n

* § 27-2901. Definitions.\n 1. "Collection program" means a system for the collection,\ntransportation, recycling, and disposal of out-of-service mercury\nthermostats that is financed and managed or provided by a thermostat\nmanufacturer individually or collectively with other th…

* § 27-2903. Mercury-containing thermostat collection.\n 1. Each thermostat manufacturer shall, individually or collectively,\nwith other thermostat manufacturers, establish and maintain a program\nfor the collection, transportation, recycling, disposal and proper\nmanagement of …

* § 27-2905. Thermostat wholesaler and retailer requirements.\n No thermostat wholesaler or thermostat retailer shall sell, offer for\nsale or distribute any thermostat for final sale unless the manufacturer\nof such thermostat is listed on the department's website, in accordance…

* § 27-2907. Department responsibilities.\n 1. No later than June first, two thousand fifteen, the department\nshall maintain on its website information regarding the collection and\nproper management of out-of-service mercury thermostats in the state.\nThe information shall incl…