Title ENV, Environmental Conservation

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

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

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

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

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

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

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

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

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

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

§ 27-2305. Preemption and severability. 1. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the collection, return or recycling of wireless telephones shall upon the effective date of this title be preempted. 2. The provisions …

§ 27-2401. Definitions. As used in this title: 1. "Owner" shall mean any person or persons who owns a dwelling unit or commercial space located on real property. 2. "Real property" shall mean lands, tenements and hereditaments.

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

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

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

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

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

§ 27-2507. Combustion of creosote. On and after January first, two thousand eight, neither creosote or any wood or other product treated with or containing creosote shall be burned in any manner in this state, including in fireplaces and stoves, except in a facility permitted pur…

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

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

§ 27-2513. Exemptions. Notwithstanding any inconsistent provision of law, this title shall not apply to: 1. railroads, as defined in subdivisions twenty-four and twenty-nine of section two of the transportation law or within the scope of titles nine and eleven of article five of …

§ 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. 1. (a) Beginning April first, two thousand eleven, a manufacturer of covered electronic equipment must accept for collection, handling and recycling or reuse electronic waste for which it is the manufacturer. Such waste sha…

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

§ 27-2607. Retailer requirements. 1. At the location of sale of covered electronic equipment, a retailer shall provide purchasers of covered electronic equipment with information, if any, about opportunities for the return of electronic waste that has been provided to the retaile…

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

§ 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. 1. Electronic waste collection sites. No later than January first, two thousand eleven, each person who owns or operates an electronic waste collection site in the state shall: (a) register with the department o…

§ 27-2615. Department responsibilities. 1. The department is authorized to promulgate rules and regulations necessary to implement and administer this title. At a minimum, the department shall promulgate rules and regulations on: standards for reuse; electronic waste acceptance c…

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

§ 27-2619. Preemption. Jurisdiction in all matters pertaining to electronic waste recycling, including but not limited to the obligations of manufacturers, retailers, electronic waste collection sites, electronic waste consolidation facilities and electronic waste recycling facil…

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

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

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

* § 27-2703. Store operator responsibilities. 1. The operator of a store shall establish an at-store recycling program pursuant to the provisions of this title that provides an opportunity for a customer of the store to return to the store clean plastic carryout bags and film pla…

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

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

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

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

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

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

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

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

§ 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. 1. Any person required to collect tax who violates any provision of section 27-2803 of this title shall receive a warning notice for the first such violation. A person required to collect tax shall be liable to the state of New York for a civil penalty of t…

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

* § 27-2901. Definitions. 1. "Collection program" means a system for the collection, transportation, recycling, and disposal of out-of-service mercury thermostats that is financed and managed or provided by a thermostat manufacturer individually or collectively with other thermos…

* § 27-2903. Mercury-containing thermostat collection. 1. Each thermostat manufacturer shall, individually or collectively, with other thermostat manufacturers, establish and maintain a program for the collection, transportation, recycling, disposal and proper management of out-o…

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

* § 27-2907. Department responsibilities. 1. No later than June first, two thousand fifteen, the department shall maintain on its website information regarding the collection and proper management of out-of-service mercury thermostats in the state. The information shall include t…