Title PBH, Public Health

§ 1. Short title. This chapter shall be known as the "Public Health\nLaw."\n

§ 10. Legal presumptions; evidence. 1. The actions, proceedings,\nauthority, and orders of the department in enforcing the provisions of\nthe public health law and the sanitary code applying them to specific\ncases shall at all times be regarded as in their nature judicial, and\…

§ 11. Rules and regulations of the department; evidence. 1. The rules\nand regulations of the department promulgated pursuant to the provisions\nof this chapter may be read in evidence from the official compilation of\ncodes, rules and regulations of the state of New York, or su…

§ 1100. Rules and regulations of the department. 1. The department\nmay make rules and regulations for the protection from contamination of\nany or all public supplies of potable waters and water supplies of the\nstate or United States, institutions, parks, reservations or posts…

§ 1100-a. Fluoridation. 1. Notwithstanding any contrary provision of\nlaw, rule, regulation or code, any county, city, town or village that\nowns both its public water system and the water supply for such system\nmay by local law provide whether a fluoride compound shall be adde…

§ 1101. Inspection. 1. The person, officer, board or commission\nhaving the management and control of the potable water supply of any\nmunicipality, state or United States institution, park, reservation or\npost, and in the city of New York, the commissioner of environmental\npr…

§ 1102. Violation; injunction and abatement. 1. If any inspection\ndiscloses a violation of any rule or regulation promulgated pursuant to\nsection one thousand one hundred of this chapter relating to a temporary\nor permanent source or act of contamination, the person, officer,…

§ 1103. Violation; penalties. 1. If a person or entity willfully\nviolates any rule or regulation promulgated pursuant to section one\nthousand one hundred of this title relating to a temporary or permanent\nsource or act of contamination, such person or entity violating such\nr…

§ 1104. Sewage removal or purification; condemnation of property. 1.\nWhen the department or the commissioner of environmental protection of\nthe city of New York, or the board of water supply of the city of New\nYork, shall, for the protection of a water supply from contaminati…

§ 1105. Sewage removal or purification; rights of property owners. 1.\nThe owner of any building the removal of which is occasioned or\nrequired, or which has been removed by any rule or regulation of the\ndepartment, or the commissioner of environmental protection of the city\n…

§ 1106. Limitations; city of New York. Nothing contained in this\nchapter shall extend the sanitary control of the board of water supply\nof the city of New York, beyond the sources of potable water supply,\ntributary to the Catskill and Delaware aqueducts; and the powers grante…

§ 1107. Orders of commissioner. 1. When the commissioner, after\ninvestigation of the condition of any public water supply used for\ndrinking or other domestic purposes, whether maintained and operated by\na municipality, water district or private corporation, company or\nindivi…

§ 1108. Powers and duties with respect to comprehensive public water\nsupply planning. The commissioner shall perform such duties and\nfunctions with respect to comprehensive public water supply planning as\nare provided in part five-A of article five of the conservation law, an…

§ 1109. Standards for water reuse. 1. The commissioner shall advise\nthe department of environmental conservation on the establishment of\nrules, regulations and standards for the reuse and disposal of reclaimed\nwastewater and/or greywater. Such advice shall include, but not be…

§ 1110. School potable water testing and standards. 1. In addition to\nschool districts already classified as a public water system under parts\n141 and 142 of title 40 of the code of federal regulations, as such\nregulations may, from time to time, be amended, every school dist…

§ 1112. Emerging contaminant monitoring. 1. Industry and modern\ntechnology have created thousands of new chemicals that would not\notherwise exist in nature. Although some of these chemicals have proven\nbenefits, the effect of many such chemicals on human health is unknown\nor…

§ 1113. Drinking water quality council; established. 1. There shall be\nestablished, within the department, the drinking water quality council.\nSuch council shall be composed of twelve members as follows:\n (a) the commissioner, or the commissioner's designee, who shall be the\…

§ 1114. Lead service line replacement grant program. 1. The department\nshall allocate appropriated funds equitably among regions of the state.\nWithin each region, the department shall give priority to municipalities\nthat have a high percentage of elevated childhood blood lead…

§ 1114-a. Voluntary public water system consolidation study. 1. There\nshall be established in the department, by the commissioner, a voluntary\npublic water system consolidation study designed to evaluate the\nfeasibility of the joining of public water systems in order to impro…

§ 1114-b. Service line inventories and mapping. 1. Definitions. For\nthe purposes of this section:\n (a) "Service line" means any piping connecting a water main to a\nbuilding inlet.\n (b) "Gooseneck, pigtail, or connector" means a short section of\npiping, typically not exceedi…

§ 1115. Realty subdivisions; definitions. 1. As used in sections one\nthousand one hundred fifteen to one thousand one hundred eighteen of\nthis chapter, inclusive, the word "subdivision" shall mean any tract of\nland which is divided into five or more parcels, after the effecti…

§ 1115-a. Remedy for purchaser of one parcel of unapproved realty\nsubdivision. 1. The owner of a parcel of land acquired as one parcel\nfor residential purposes may apply to the local or state health\ndepartment having jurisdiction for a certificate approving the water\nsupply …

§ 1116. Realty subdivisions; plans required to be filed and approved.\n1. No subdivision or portion thereof shall be sold, offered for sale,\nleased or rented by any corporation, company or person, and no permanent\nbuilding shall be erected thereon, until a plan or map of such\…

§ 1117. Realty subdivisions; duty of county clerk or register in\nrespect to filing of plans and map. The county clerk or register shall\nnot file nor record nor accept for filing or recording any map or plat\nshowing a subdivision of land in any town, village or city having a\n…

§ 1118. Realty subdivisions; local regulations. 1. Any city or county\nwhich has established or establishes a city, county or part-county\ndepartment of health may adopt regulations for the control of such\ndevelopments. Regulations adopted by a county or city board of health\nm…

§ 1119. Realty subdivisions; filing fees to accompany plans. 1. At the\ntime of submitting a plan for approval as required by this article, a\nfiling fee computed at the rate of fifty dollars per lot shall be paid\nto the department or to the city, county or part-county health d…

§ 1120. Realty subdivisions; regulation by commissioner. The\ncommissioner of health may from time to time establish by rule or\nregulation standards for subdivisions necessary to effect the purposes\nof this title and not inconsistent with regulations of a city, county or\npart…

§ 1125. Water supply emergency plans. 1. Definitions. As used in this\ntitle:\n (a) "Water supply emergency plan" shall mean a plan reviewed and\napproved by the commissioner and filed with the department. The plan\nshall follow a form which shall be specified by the department …

§ 1150. Definitions. As used in this title the term "water works\ncorporation" shall mean any entity that has one thousand or more water\nservice connections, and comes within the definition in section two of\nthe public service law or paragraph (a) of subdivision one of section…

§ 1151. Annual water supply statement. Each water works corporation\nshall prepare and provide an annual water supply statement to the\ncustomers it serves. Such statement shall contain such information as is\nrequired in this title as well as any additional information required…

§ 1152. Annual water supply statement; delivery. 1. Each water works\ncorporation shall provide a water supply statement to its customers\nannually. The annual water supply statement shall either be mailed to\neach customer or published in at least one newspaper of general\ncirc…

§ 1152-a. New York state public water supply report. The department,\nshall prepare an annual New York state public water supply report. Such\nreport shall consist of a compilation and analysis of the information\nand data submitted by water suppliers pursuant to the provisions …

§ 1153. Rules and regulations. The department shall have the power to\nmake any rules and regulations that are necessary and appropriate to\ncarrying out the purposes of this title.\n

§ 1160. Definitions. As used in this section:\n 1. "Allocation" means the amount of moneys allocated to reduce a\nrecipient's or group of recipients' total financing costs for one or\nmore eligible projects.\n 2. "Construction" means the erection, building, acquisition,\nalterat…

§ 1161. Eligible projects; priority ranking. Subject to the provisions\nof section thirty-two of the chapter of the laws of 1996 which added\nthis section, in consultation with the commissioner of environmental\nconservation, the commissioner shall establish and maintain a list …

§ 1162. Financial assistance; criteria and standards; regulations. 1.\nThe corporation is authorized to promulgate regulations, developed in\nconsultation with the commissioner and the director of the division of\nthe budget, for the purpose of carrying out its responsibilities …

§ 1163. Financing agreements. The corporation and any recipient having\nthe power to contract with respect to the financing of an eligible\nproject may enter into a loan or other financing agreement providing for\nthe construction and financing of eligible projects. The corporat…

§ 1164. Inspection and certification. The corporation shall provide\nthe means of ensuring compliance by recipients with each financing\nagreement by:\n 1. Retaining the right to inspect and review work on each eligible\nproject in progress and upon completion, and determining w…

§ 1165. Noncompliance; notification. In the event the work completed\npursuant to a financing agreement or loan agreement is deemed not in\ncompliance with such agreement, the corporation shall expeditiously\nnotify the recipient of such non-compliance and indicate the reasons f…

§ 1166. Implementation agreements. For the purpose of implementing\nthe drinking water revolving fund program set forth in this title and\nsection twelve hundred eighty-five-m of the public authorities law, and\nensuring compliance with the requirements of the state sanitary cod…

§ 1167. Financial assistance; recipients. The corporation may\nprovide financial assistance to recipients pursuant to paragraph (a) of\nsubdivision four of section twelve hundred eighty-five-m of the public\nauthorities law from any available moneys in the fund other than the\np…

§ 1167-a. Reimbursement of state assistance payments or grants made to\nmunicipality or recipient; admissibility of state assistance payments or\ngrants as collateral source. 1. A municipality or recipient that: (a)\nreceives a state assistance payment/grant from the corporation…

§ 1168. Construction contracts; designations. The contracts for the\nconstruction of eligible projects constructed and financed pursuant to a\nfinancing agreement shall be subject to the requirements and provisions\nof article fifteen-A of the executive law and, for such purpose…

§ 1169. Compliance with other laws. Nothing contained in this title\nshall be held to alter or abridge the powers and duties of the\ndepartment of environmental conservation.\n

§ 12. Violations of health laws or regulations; penalties and\ninjunctions. * 1. (a) Except as provided in paragraphs (b) and (c) of\nthis subdivision, any person who violates, disobeys or disregards any\nterm or provision of this chapter or of any lawful notice, order or\nregul…

§ 12-a. Formal hearings; notice and procedure. 1. The commissioner,\nor any person designated by him for this purpose, may issue subpoenas\nand administer oaths in connection with any hearing or investigation\nunder or pursuant to this chapter, and it shall be the duty of the\nc…

§ 12-b. Wilful violation of health laws. 1. A person who wilfully\nviolates or refuses or omits to comply with any lawful order or\nregulation prescribed by any local board of health or local health\nofficer, is guilty of a misdemeanor; except, however, that where such\norder or…

§ 12-c. Obstructing health officer in performance of his duty. A\nperson who wilfully opposes or obstructs a health officer or physician\ncharged with enforcement of the health laws, in performing any legal\nduty, is guilty of a misdemeanor.\n

§ 12-d. Filing of certain information by medical facilities. 1. In\nthe event a medical facility fails to file the required financial and\nstatistical reports, or specific additional data related to the rate\nsetting process, on or before the prescribed due dates, or as the same…

§ 13. Enforcement: against officers. The performance of any duty or\nthe doing of any act enjoined, prescribed or required by this chapter,\nmay be enforced by a proceeding pursuant to article seventy-eight of the\ncivil practice law and rules at the instance of the department o…