N.Y. ENV Law § 71-1932 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1932
Definitions
Status: in_force

§ 71-1932. Definitions.\n  As used in section 71-1933 of this title, the following terms shall\nhave the following meanings:\n  1. "Hazardous substance" means any substance which:\n  a. is identified or listed as a hazardous waste or acute hazardous\nwaste in regulations promulgated pursuant to section 27-0903 of this\nchapter and all amendments thereto, regardless of whether at the time of\nrelease the substance was actually a waste; or\n  b. appears on the list of substances hazardous or acutely hazardous to\npublic health, safety or the environment promulgated pursuant to\nparagraphs (a) and (b) of subdivision one of section 37-0103 of this\nchapter and all amendments thereto.\n  2. "Organization" means a legal entity, other than a government,\nestablished or organized for any purpose, including, a corporation,\ncompany, association, firm, partnership, joint stock company,\nfoundation, institution, trust, society, union or any other association\nof persons.\n  3. "Person" means an individual, public or private corporation,\nresponsible corporate officer, political subdivision, government agency,\ndepartment or bureau of the state or federal government, municipality,\nindustry, co-partnership, association, firm, trust, estate or any other\nlegal entity whatsoever.\n  4. "Pollutant" means dredged spoil, solid waste, incinerator residue,\nsewage, garbage, sewage sludge, munitions, chemical wastes, biological\nmaterials, radioactive materials, heat, wrecked or discarded equipment,\nrock, sand and industrial, municipal and agricultural waste.\n  5. "Serious bodily injury" means "serious physical injury" as defined\nin subdivision ten of section ten of the penal law.\n  6. "Sewer system" means pipe lines or conduits, pumping stations, and\nforce mains, and all other constructions, devices, and appliances\nappurtenant thereto, used for conducting sewage, industrial waste or\nother wastes to a point of ultimate disposal.\n  7. "Treatment works" means any plant, disposal field, lagoon, pumping\nstation, constructed drainage ditch or surface water intercepting ditch,\nincinerator, area devoted to sanitary landfills, or other work not\nspecifically mentioned herein, installed for the purpose of treating,\nneutralizing, stabilizing, or disposing of sewage, industrial wastes or\nother wastes.\n
N.Y. ENV Law § 15-1919 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1919
Drainage enhancements
Status: in_force

§ 15-1919. Drainage enhancements.\n  1. For the purpose of making apportionments of the cost of future\ndrainage construction, allowing credits for such construction already\ncompleted, determining the economic feasibility of a contemplated\nconstruction project and for other purposes, there shall be determined\nfor each parcel of land in a district what is called the drainage\nenhancement for such parcel.\n  2. Drainage enhancement is a special form of assessed valuation made\nfor the purposes of title 19 of this article and used only as such.\nSuch enhancement is determined solely on the basis of estimated land\nvalue without consideration of certain specified conditions and is not\ndependent on or made in connection with any specific drainage\nconstruction project, completed or proposed. The drainage enhancement of\nany parcel of land is the increase in the value of such parcel which, on\nthe basis of prices of land locally current at the time the\ndetermination is made, will occur as the result of improving that parcel\nby drainage works from its original undrained condition to the maximum\ncondition of drainage which is practical. It is the maximum benefit\nwhich can inure to an undrained parcel by drainage to the practical\nlimit, is the measure for the apportionment of the cost of such complete\ndrainage construction and, as among other parcels, is the relative\nmeasure of benefits resulting from the construction of works giving a\nless complete drainage. Such enhancement, once determined, will remain\nfixed until such time as a general change in local land values is\nexperienced.\n  3. The value of each parcel shall be determined (a) on the assumption\nthat no drainage work has ever been done in the district and (b) on the\nassumption that the land is drained to the maximum practical extent.\nThe difference is the drainage enhancement. In making these\ndeterminations it shall be assumed in both instances that the land is\ndevoted to the highest use for which it will be fitted by drainage\nregardless of the fact that it may have to be cleared or otherwise\nprepared for such use, unless it can be shown that drainage will affect\nthe cost of such clearing and preparation in which case due allowance\nshall be made therefor. If a parcel contains lands of different values\nit may be subdivided and the enhancement determined for each\nsubdivision.\n  4. The department may appoint persons as assessors to assist in the\ndetermination of such drainage enhancements.\n  5. These "drainage enhancements" are the same as the "benefits due to\ndrainage" specified in earlier forms of article VIII of the Conservation\nLaw, and "drainage enhancements" specified in article V of the\nConservation Law as it read on the date of the enactment of the present\nchapter, and any such "benefits" heretofore determined shall remain\nunchanged by this amendment, but shall, after this article takes effect,\nbe known and used as "enhancements."\n
N.Y. ENV Law § 15-1905 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1905
Drainage improvement districts
Status: in_force

§ 15-1905. Drainage improvement districts.\n  1. Bodies corporate which shall consist of and be known as drainage\nimprovement districts may be created as herein provided to carry out the\npurposes of title 19 of this article. Such drainage improvement\ndistricts are declared to be public corporations and shall have\nperpetual existence and the power to acquire, hold or sell such real\nestate or other property as may be necessary, to sue or be sued, to\nincur contract liabilities, to exercise the right of eminent domain, and\nof assessment and taxation and to do all acts and exercise all powers\nnecessary to accomplish the purposes of title 19 of this article. Such\npowers shall be exercised by and in the name of the district. The\ngoverning body of the district shall be the department.\n  2. The debts, liabilities and obligations incurred by a drainage\nimprovement district shall in no event be construed as debts,\nliabilities or obligations of the State of New York, and neither the\ndepartment, nor any member thereof in his individual capacity shall be\nliable therefor. All drainage improvement districts heretofore formed\nunder the provisions of this chapter or its predecessor, the\nConservation Law, are hereby declared to be such bodies corporate and\nall the provisions of title 19 of this article shall be applicable to\nsuch drainage improvement districts.\n  3. Drainage improvement districts generally shall include all such\nportions of a natural drainage basin as should be treated as one project\non the assumption that all lands in such basin needing drainage are to\nbe improved. The department may form a portion of such basin into a\ndistrict, on the assumption that the district may later be extended to\ninclude the whole basin, but, in so far as may be possible, in that case\nthe district formed shall be so laid out that all lands which eventually\nwill drain into or be served by any part of the district works other\nthan the main drainage channel, shall be included therein. It is\nintended that the boundaries of the district shall include all lands\nwhich would be enhanced in value by the construction of complete\ndrainage works therefor and that land, the value of which will not be\nenhanced, shall be excluded, but in order to simplify the boundaries of\nthe district certain relatively small areas of land not so enhanced may\nbe included on condition that they bear no part of the cost of any\nimprovement work.\n
N.Y. PBA Law § 2464 — New York Code / Act PBA / Article 8 / Title 19 / Section 2464
General powers of the authority
Status: in_force

* § 2464. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the appropriation of real property;\n  4. To acquire, in the name of the authority, by purchase or\nappropriation, real property or rights or easements therein necessary or\nconvenient for its corporate purposes, and, except as may otherwise be\nprovided herein, to use the same so long as its corporate existence\nshall continue;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n  6. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers, architects and private consultants on a\ncontract basis or otherwise for rendering professional or technical\nservices and advice;\n  7. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  8. To examine and approve all leases and agreements of a participating\nmunicipality, relating to the sports facility;\n  9. To acquire, construct, reconstruct, construct additions to,\nimprove, maintain and operate sports facilities including, but not\nlimited to, buildings, structures, parking and other facilities\nancillary or appurtenant to such sports facilities as may be necessary\nor convenient until responsibility therefor may be transferred to the\nparticipating municipality;\n  10. To contract for and to accept any gifts or grants or loans of\nfunds or property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source,\npublic or private, and to comply, subject to the provisions of this\ntitle, with the terms and conditions thereof;\n  11. To fix and collect any payments, fees and other charges for the\nuse of the sports facility subject to and in accordance with such\nagreements with bondholders as may be made as hereinafter provided;\n  12. To borrow money and issue negotiable bonds and notes or other\nobligations and to provide for and secure the payment thereof and to\nprovide for the rights of the holders thereof;\n  13. To invest any funds held in reserve or sinking funds, or any\nmoneys not required for immediate use or disbursement, at the discretion\nof the authority, in (a) obligations of the state or the United States\ngovernment, its agencies and instrumentalities, (b) obligations the\nprincipal and interest of which are guaranteed by the state or the\nUnited States government, (c) certificates of deposit of banks or trust\ncompanies in this state, secured, if the authority shall so require, by\nobligations of the United States or of the state of New York of a market\nvalue equal at all times to the amount of the deposit, and (d) as to the\nsaid reserve and sinking funds, other securities in which the trustee or\ntrustees of any public retirement system or pension fund has the power\nto invest the moneys thereof pursuant to article four-a of the\nretirement and social security law, each such reserve and sinking fund\nbeing treated as a separate fund for the purposes of the said article\nfour-a of the retirement and social security law;\n  14. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  15. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  16. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n  Notwithstanding the foregoing provisions of this section, no power\ngranted under this title shall be exercised by the authority without the\nprior submission of a plan to it by a participating municipality in\naccordance with the provisions of section twenty-four hundred sixty-five\nhereof.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1949 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1949
Removal of beaver
Status: in_force

§ 15-1949. Removal of beaver.\n  In the event that any drainage improvement district is inhabited by or\nis invaded by beaver and the work of those animals interferes with the\nproper operation of the drainage system, the commissioner may cause such\nbeaver to be removed or destroyed as he shall determine.\n
N.Y. ENV Law § 15-1961 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1961
Drainage district with federal aid
Status: in_force

§ 15-1961. Drainage district with federal aid.\n  1. In the event that any agency of the government of the United States\nshall be willing to perform, direct or finance any work for the drainage\nand reclamation of any swamp, bog, pond, meadow or other low or wet\nlands in the state in such manner that the greater part of the cost of\nsuch work shall be paid by such government, the department shall have\npower to form a drainage improvement district including the lands so to\nbe drained and improved by following the procedure set forth in sections\n15-1963 to 15-1967 inclusive, hereinafter referred to as the federal aid\nsections, in lieu of the procedure specified in the preceding sections\nof title 19 of this article.\n  2. It is the intent of these federal aid sections to facilitate the\ncarrying out of such projects by permitting changes in the normal\nsequence of doing the various acts specified in the preceding sections,\nbut, except as specifically authorized, not to permit changes in the\nmanner of doing each act or in the conditions on which such act is\nbased.\n
N.Y. ENV Law § 71-1901 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1901
Applicability of this title
Status: in_force

§ 71-1901. Applicability of this title.\n  In addition to the provisions of section 71-0101 and 71-0301 and title\n17 of this article, the provisions of this title shall be applicable to\nthe enforcement of titles 1 through 11 and 15 through 19 inclusive of\narticle 17.\n
N.Y. ENV Law § 71-1905 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1905
Enforcement of section 17-1705
Status: in_force

§ 71-1905. Enforcement of section 17-1705.\n  Any person violating any provision of section 17-1705 shall forfeit to\nthe county where the violation occurred the sum of fifty dollars for\nevery such violation.\n
N.Y. PBA Law § 2463 — New York Code / Act PBA / Article 8 / Title 19 / Section 2463
New York state sports authority
Status: in_force

* § 2463. New York state sports authority. 1. For the purpose of\neffectuating the policy declared in section twenty-four hundred\nsixty-one of this chapter, there is hereby created a corporate\ninstrumentality of the state to be known as "New York state sports\nauthority" in this title referred to as "the authority", which shall be\na body corporate and politic constituting a public benefit corporation.\nThe authority shall consist of five members to be appointed by the\ngovernor, by and with the advice and consent of the senate. Of the\nmembers first appointed, one shall serve for a term ending April first,\nnineteen hundred seventy-four; one of such members shall serve for a\nterm ending one year from such date; one of such members shall serve for\na term ending two years from such date; one of such members shall serve\nfor a term ending three years from such date; and one of such members\nshall serve for a term ending four years from such date. Their\nsuccessors shall serve for terms of five years each. Each member shall\nhold office until his successor has been appointed and qualified. The\ngovernor shall designate one of the members to be chairman who shall be\nthe chief executive officer of the authority.\n  2. The chairman and the other members shall receive compensation\nwithin the amounts made available by appropriation therefor. Each\nmember, including the chairman, shall be entitled to reimbursement for\nhis actual and necessary expenses incurred in the performance of his\nofficial duties.\n  3. The chairman shall be the chief executive officer of the authority\nand shall be responsible for the discharge of the executive and\nadministrative functions and powers of the authority, but he shall be\nempowered to delegate any one or more of such functions or powers,\nincluding, without limitations, that of appointment, discipline and\nremoval of officers or employees, to one or more executive officers\nappointed by the board.\n  4. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  5. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall receive no additional compensation for services rendered pursuant\nto this title, but shall be entitled to reimbursement for his actual and\nnecessary expenses incurred in the performance of such services.\n  6. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n  7. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1973 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1973
Drainage section association; definitions
Status: in_force

§ 15-1973. Drainage section association; definitions.\n  The following words and phrases, unless otherwise specified, are\ndefined as follows:\n  1. A "drainage section" shall mean an area, of drainable acreage, as\ndescribed in articles of association which have been filed and recorded\nas authorized by section 15-1975.\n  2. "Drainable acreage" shall mean that part of an owner's swamp, bog,\npond, meadow or other low or wet agricultural lands, which will be\ndrained by a drainage system as authorized by this title 19 to increase\nits productivity or otherwise render it more available for agricultural\npurposes, or in order to benefit the public health, safety and welfare.\n  3. "Aggregate drainable acreage" shall mean the total drainable\nacreage owned by all owners who execute articles of association\nauthorized by this title 19.\n  4. "Owner" shall mean a person other than a municipal or public\ncorporation, who or which is the owner in fee of drainable acreage and\nwho or which executes the articles of association.\n
N.Y. PBA Law § 2473 — New York Code / Act PBA / Article 8 / Title 19 / Section 2473
State aid guarantee; withholding thereof
Status: in_force

* § 2473. State aid guarantee; withholding thereof. 1. In the event\nthat a participating municipality fails to make its required payment, in\nwhole or in part, to the authority, the chairman of the authority shall\ncertify to the comptroller that such municipality has failed to meet its\nobligations. Such certificate shall be in such form as the authority\ndeems desirable, but shall include the exact amount of payment required\nto satisfy such municipality's obligation to the authority.\n  2. The comptroller, upon receipt of such certificate from the\nauthority, shall withhold from the city, county, town or village or, in\nthe event the participating municipality is a public benefit corporation\nfrom the city, county, town or village on whose behalf such corporation\nwas created, state aid payable to such city, county, town or village to\nthe extent necessary to meet the required amount of payments. The\ncomptroller shall immediately pay over to the sports facilities income\nfund account the amount so withheld.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 9-1913 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1913
Adirondack park agency jurisdiction
Status: in_force

§ 9-1913. Adirondack park agency jurisdiction.\n  Nothing in this title shall be interpreted as altering or affecting\nthe regulatory jurisdiction of the Adirondack park agency over any land\nlocated within township forty.\n
N.Y. PBA Law § 2461 — New York Code / Act PBA / Article 8 / Title 19 / Section 2461
Legislative findings
Status: in_force

* § 2461. Legislative findings. It is hereby found, determined and\ndeclared that there is an immediate need to promote the further\ndevelopment of recreational opportunities in the state by facilitating\nthe acquisition, construction and rehabilitation of sports complexes,\nstadiums, arenas and related facilities for the holding of professional\nand amateur athletic events; to provide a means to attract and locate\nmajor professional team franchises in the state. It is further declared\nit is desirable that a state sports authority be created for the purpose\nof providing and maintaining such sports facilities and the creation and\nmaintenance of facilities incidental or useful in the operation of\nsports facilities. It is hereby further declared that the corporate\npurposes and powers conferred under this title and the expenditure of\npublic moneys pursuant thereto constitute a serving of a valid public\npurpose.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1931 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1931
Procedure for authorization of construction
Status: in_force

§ 15-1931. Procedure for authorization of construction.\n  1. Petition may at any time after the final fixation of boundaries of\na drainage improvement district be filed with the department asking that\nall or a part of the proposed drainage system be constructed. If the\nwork desired is not shown on the plans filed or differs from that so\nshown or if the cost of the work shall have changed, the department\nshall on request of the association or of the executive committee\nthereof make plans of such work, estimate the cost thereof and make\ntentative determination of the lands on which the cost of such work\nshould be apportioned, making suitable subdivision of parcels and the\nenhancements thereto, if necessary.\n  2. Such petition must be in writing, signed and acknowledged in the\nmanner of a deed to be recorded, by a majority of the owners of the\nproperty to share in the cost of the work and representing at least half\nof the total of the drainage enhancements of such property as shown by\nthe recorded statement of enhancements, with subdivision of parcels made\nas above. The petition shall specify what part or parts of the work it\nis desired shall be built and the estimated cost thereof as the\ndepartment may have determined.\n  3. On receipt of such petition the department shall prepare a\ndescription of the proposed work and a special apportionment of the cost\nthereof, shall file such statement and apportionment and, after due\nnotice, shall hold a hearing thereon. Thereafter the department shall\ndetermine as to whether or not it is to the public interest to proceed\nwith the work. The department may approve or reject the application or\nmodify it and, if necessary, return it for further signatures or require\na new petition to be filed in lieu thereof.\n  4. If the application is approved the approving order shall fix the\nboundaries of the land on which the cost is to be apportioned and the\napportionment of such cost in final form shall be attached thereto.\nCertified copies of the order and apportionment in final form shall be\nfiled and notice of such filing given. Thereupon such order and\napportionment may be reviewed as provided by section 15-0905 and in due\ncourse shall be recorded.\n
N.Y. ENV Law § 15-1975 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1975
Drainage section association; creation
Status: in_force

§ 15-1975. Drainage section association; creation.\n  Three or more owners of drainable acreage may form a drainage section\nassociation by executing and recording articles of association as\nhereinafter provided.\n
N.Y. ENV Law § 17-1901 — New York Code / Act ENV / Article 17 / Title 19 / Section 17-1901
Comprehensive studies and reports: definitions; state aid; powers and duties of the commissioner; powers of the municipalities
Status: in_force

§ 17-1901. Comprehensive studies and reports: definitions; state aid;\n             powers and duties of the commissioner; powers of the\n             municipalities.\n  1. As used in this section:\n  a. "Comprehensive study and report" means an engineering study for the\ndevelopment of economical projects for the present and future\ncollection, treatment and disposal of sewage for one or more\nmunicipalities or any portion thereof. Such study shall contain such\ninformation as may be determined by the commissioner, including, but not\nlimited to, the determination of the economical service area or\nadministrative area for sewage works projects; cost estimates covering\nconstruction, engineering, legal and other services, land acquisition,\nand contingencies; proposed method of financing; preparation of\nestimates of first costs and total annual costs for the construction,\nand operation and maintenance of the recommended facilities; basic data\nsuch as general plan for sewage treatment plant site, flow, size and\ncapacity of proposed units, and location, size or capacity of main trunk\nsewers, subtrunks, pumping stations, force mains, and outfalls; basic\ninformation so that sewage works and sewerage systems may be enlarged\neconomically to serve future areas and population; and development of\nmajor alternative solutions. Such study shall not provide for minor\nsewer extensions or for sewer plans for small subdivisions or small\nareas, and shall not include the preparation of detail design and\nengineering drawings, specifications, and contract documents.\n  b. "Municipality" means county, city, town or village, or any\ndesignated agency thereof.\n  c. "Governing body" means in a county, the county legislative body; in\na city, the board of aldermen, a common council, commission or other\nbody vested by its charter or other law with jurisdiction to enact\nordinances or local laws, except that in a city having a population of\none million or more, if there be a board of estimate, the term\n"governing body" shall mean such board of estimate; in a town, the town\nboard; and, in a village, the board of trustees.\n  d. "Agency" means the department, bureau, commission, board, division,\nagency, public benefit corporation, or committee of any municipality or\nmunicipalities, designated by the governing body of such municipality,\nor by the governing body of each participating municipality in the case\nof a joint undertaking, to conduct and develop comprehensive studies and\nreports.\n  2. The commissioner may, in the name of the state, make or contract to\nmake, within appropriations therefor, a state grant, for payment during\nany of the ten successive fiscal years of the state beginning with its\nfiscal year commencing April 1, 1972, to any municipality, or to two or\nmore municipalities jointly, to cover the entire cost, as determined and\napproved by the commissioner, of the preparation or updating of a\ncomprehensive study and report for the present and future collection,\ntreatment, and disposal of sewage in such municipality or\nmunicipalities.\n  3. In administering and enforcing the provisions of this section, the\ncommissioner shall:\n  a. Make an estimate of the funds or appropriations for inclusion\nannually in the executive budget;\n  b. Receive applications for state aid in such form and containing such\ninformation as he may require;\n  c. Qualify municipalities for state aid and advise them of such\nqualifications;\n  d. Approve the area and scope of any comprehensive study prior to its\nexecution;\n  e. Approve the person or firm selected by the municipality to perform\nnecessary consulting services for the comprehensive study and reports;\n  f. Approve the report prior to final payment;\n  g. Execute contracts for the services of consulting engineers\nnecessary for such study jointly with the municipality or municipalities\nrequesting state aid therefor;\n  h. Approve the amount of compensation to be paid for such engineering\nservices and the method of determining such compensation, provided,\nhowever, that such compensation shall not be computed on a per diem or\npercentage of estimated costs basis;\n  i. Approve vouchers for payment of state aid grants;\n  j. Perform such other and further acts and promulgate such rules and\nregulations, pursuant to subdivision 2 of section 17-0303, as may be\nnecessary, proper or desirable to carry out effectively the provisions\nof this section.\n  4. Any municipality, or municipalities acting jointly, may:\n  a. Apply to and contract with the commissioner for state aid pursuant\nto this section;\n  b. Select, subject to the commissioner's approval, the person or firm\nto perform necessary consulting engineering services for a comprehensive\nstudy and report, and enter into contracts for such services, provided,\nhowever, that the commissioner shall also be a party to any such\ncontract;\n  c. Expend money received from the state pursuant to this section only\nfor purposes consistent with this section.\n
N.Y. ENV Law § 71-1911 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1911
Enforcement of section 17-1711
Status: in_force

§  71-1911. Enforcement of section 17-1711.\n  Any person violating any provision of section 17-1711 shall be guilty\nof an offense, and punishable by a fine of not more than seventy-five\ndollars.\n
N.Y. ENV Law § 71-1921 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1921
Enforcement of section 17-1729
Status: in_force

§ 71-1921. Enforcement of section 17-1729.\n  1. Any person putting in or constructing or maintaining a conduit,\ndischarge pipe or other means of discharging or casting any refuse or\nwaste matter in violation of section 17-1729 shall forfeit to the people\nof the state five dollars a day for each day the same is used or\nmaintained for such purpose, to be collected in an action brought by the\ncommissioner.\n  2. The commissioner may maintain an action in the name of the people\nto restrain a violation of section 17-1729.\n
N.Y. PBA Law § 2478 — New York Code / Act PBA / Article 8 / Title 19 / Section 2478
Property and income
Status: in_force

* § 2478. Property and income. The property of the authority and its\nincome and operations shall be exempt from taxation, assessments or\nservice charges of every kind and nature, and the authority shall not be\nrequired to pay any recording fee or transfer tax of any kind on account\nof instruments recorded by it or on its behalf.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 71-1917 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1917
Approval and enforcement of orders issued under section 17-1717
Status: in_force

§ 71-1917. Approval and enforcement of orders issued under section\n             17-1717.\n  An order issued under section 17-1717 shall not be valid until\napproved by the Governor and the Attorney General, and when so approved\nit shall be the duty of the Attorney General to enforce such order.\n
N.Y. PBA Law § 2487 — New York Code / Act PBA / Article 8 / Title 19 / Section 2487
Construction
Status: in_force

* § 2487. Construction. This title, being necessary for the welfare of\nthe state and its inhabitants, shall be liberally construed so as to\neffectuate its purposes.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 9-1903 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1903
Definitions
Status: in_force

§ 9-1903. Definitions.\n  For purposes of this title, the following terms shall have the\nfollowing meanings:\n  1. "County" means the county of Hamilton.\n  2. "Disputed parcel" means a parcel of land located in township forty\nto which both the state and a person claim title.\n  3. "Person" means any individual, firm, partnership, association,\ntrust, limited liability company or corporation that claims title to a\ndisputed parcel.\n  4. "Town" means the town of Long Lake, in the county of Hamilton.\n  5. "Township forty" means township forty, Totten and Crossfield\nPurchase.\n
N.Y. PBA Law § 2462 — New York Code / Act PBA / Article 8 / Title 19 / Section 2462
Definitions
Status: in_force

* § 2462. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "state" shall mean the state of New York;\n  2. The term "authority" shall mean the corporate body created by\nsection two thousand four hundred sixty-three of this title;\n  3. The terms "bonds and notes" shall mean the bonds and notes\nauthorized in this title;\n  4. The term "participating municipality" shall mean any public benefit\ncorporation, city, county, town, village or any combination thereof\nexercising its powers throughout the political subdivision in which a\nsports facility is or is proposed to be located, which submits a plan\npursuant to the provisions of section twenty-four hundred sixty-five of\nthis title or which joins in the submission of such plan with such a\nmunicipality or corporation;\n  5. The term "sports facility" shall mean a sports complex, stadium, or\narena and other related facilities suitable for the holding of athletic\nor sporting events, including parking therefor;\n  6. The "comptroller" shall be the comptroller of the state;\n  7. The "commissioner of taxation and finance" shall be the\ncommissioner of taxation and finance of the state;\n  8. The term "state aid" shall mean any moneys payable by the\ncomptroller to any participating municipality pursuant to section\nfifty-four of the state finance law and section one hundred twelve of\nthe highway law;\n  9. The term "amortized value" shall mean that for securities purchased\nat a premium above or a discount below par, the value as of any given\ndate obtained by dividing the total amount of the premium or discount at\nwhich such securities were purchased by the number of days remaining to\nmaturity on such securities at the time of such purchase and by\nmultiplying the amount so calculated by the number of days having passed\nsince the date of such purchase; and (a) in the case of securities\npurchased at a premium, by deducting the product thus obtained from the\npurchase price, and (b) in the case of securities purchased at a\ndiscount, by adding the product thus obtained to the purchase price.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 9-1915 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1915
Notarized statement
Status: in_force

§ 9-1915. Notarized statement.\n  The format for the notarized statement described in subdivision two of\nsection 9-1907 of this title shall be as follows:\nNOTARIZED STATEMENT RELATING TO THE SETTLEMENT OF COMPETING CLAIMS OF\nTITLE\nTOWNSHIP FORTY, TOTTEN AND CROSSFIELD PURCHASE\nTOWN OF LONG LAKE, COUNTY OF HAMILTON\nName(s):\nMailing address(es):\nTelephone number(s):\nTax parcel number:\nCircle either 1 or 2; if you circle 1, you must also circle a or b:\n  1. I (we) elect to participate in the process to resolve title issues\nregarding the above-referenced parcel as authorized by title nineteen of\narticle nine of the environmental conservation law.\n  a. I (we) intend to reduce my (our) payment by gifting to the state a\nspecified portion of a disputed parcel in fee simple without reservation\nfor inclusion in the forest preserve or a conservation easement to the\ntown restricting development over all or a specified portion of a\ndisputed parcel, with a secondary right of enforcement in the state. The\nintended gift is described in the attached document.\n  b. I (we) do not intend to reduce my (our) payment to the state by\ngifting any portion of the parcel to the state or by gifting a\nconservation easement over any portion of the parcel to the town; or\n  2. I (we) elect to not participate in the special process to resolve\ntitle issues regarding the above-referenced parcel as authorized by\ntitle nineteen of article nine of the environmental conservation law. I\n(we) understand that: within twenty-four months of my (our) filing of\nthis notice, the attorney general shall commence an action in a court of\ncompetent jurisdiction to determine title to such parcel; nothing in\ntitle nineteen of article nine of the environmental conservation law\nshall be applicable to such litigation; and failure by the attorney\ngeneral to commence such action within such twenty-four month time frame\nshall not subsequently prevent the attorney general from commencing such\nan action or create a presumption against the state's claim of title.\nSignature\n(Notarization)\n
N.Y. ENV Law § 9-1911 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1911
Conveyances to the state
Status: in_force

§ 9-1911. Conveyances to the state.\n  Nothing in this title shall be interpreted as at any time preventing\nany person claiming a disputed parcel from offering to convey any such\nparcel, any portion of such parcel, or any interest in such parcel to\nthe state on such terms and conditions as the owner finds acceptable,\nprovided the state may, solely in its discretion, decide whether to\naccept any such offer.\n
N.Y. ENV Law § 15-1957 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1957
Drainage fund
Status: in_force

§ 15-1957. Drainage fund.\n  1. The Comptroller shall designate a depository or depositories for\nreceiving all moneys provided for the repair or enlargement of the\nditches or channels specified in section 15-1945. The fund thus created\nshall be known as "the drainage fund." Before any such deposit shall be\nreceived by any such depository, such depository shall execute and file\nwith the Comptroller a bond in such penal sum, with such sureties and\nupon such conditions as shall be approved by the Comptroller.\n  2. The department is hereby authorized and empowered to enlarge and\nrepair such ditches or channels in accordance with the procedure\nprescribed by that section and to pay the costs thereof from the\ndrainage fund herein created. All moneys received pursuant to section\n15-1945 shall be deposited by the comptroller to the credit of such\ndrainage fund. At the time of any such deposit, the department shall\nsend to the Comptroller an original duplicate of the deposit slip,\ntogether with a statement of the amount and by whom paid. The moneys of\nthe drainage fund shall be paid out by the Comptroller on the order of\nthe department or the authorized officer thereof.\n  3. The drainage fund may also be used to defray the costs of surveys,\ndetermination of enhancements, apportionment of costs or similar matters\nin a district or for maintenance of ditches and minor repairs thereto in\na district in lieu of raising the necessary funds pursuant to the Local\nFinance Law, provided, however, that no such proceeding or project shall\ncost more than five thousand dollars. Any moneys so advanced from this\nfund shall be repaid to it by the Comptroller as soon as they are\ncollected and paid to him by the county treasurer.\n
N.Y. ENV Law § 23-1903 — New York Code / Act ENV / Article 23 / Title 19 / Section 23-1903
Imposition of oil, gas and solution mining regulation and reclamation fees
Status: in_force

§ 23-1903. Imposition of oil, gas and solution mining regulation and\n             reclamation fees.\n  1. When a permit is granted to a person by the department pursuant to\nsection 23-0305 of this article to drill a well or when a person\nconverts a well to one subject to the oil, gas and solution mining law,\nsuch person shall pay to the department:\n  a. A one hundred dollar fee to be credited to the oil and gas account\nestablished under chapter fifty-eight of the laws of nineteen hundred\neighty-two; and\n  b. A fee in accordance with the depth drilled or expected to be\ndrilled as set forth below:\n     0-  500ft. - $  190\n   501- 1000ft. - $  380\n  1001- 1500ft. - $  570\n  1501- 2000ft. - $  760\n  2001- 2500ft. - $  950\n  2501- 3000ft. - $1,140\n  3001- 3500ft. - $1,330\n  3501- 4000ft. - $1,520\n  4001- 4500ft. - $1,710\n  4501- 5000ft. - $1,900\n  5001- 5500ft. - $2,090\n  5501- 6000ft. - $2,280\n  6001- 6500ft. - $2,470\n  6501- 7000ft. - $2,660\n  7001- 7500ft. - $2,850\n  7501- 8000ft. - $3,040\n  8001- 8500ft. - $3,230\n  8501- 9000ft. - $3,420\n  9001- 9500ft. - $3,610\n  9501-10,000ft.- $3,800\n  over 10,000ft.- $3,800 plus $190 for each incremental 500\n  feet of depth over 10,000 feet.\n  A person who has paid the fees described shall not be required to pay\nany additional fee for a well conversion.  The fee for well deepening\npermits pertaining to wells for which a well drilling permit was issued\nafter August twenty-fifth, nineteen hundred eighty-one, shall be\ncalculated on the basis of the additional depth drilled.\n  In the event the actual depth drilled exceeds the depth expected to be\ndrilled, an additional amount shall be paid such that the total fee paid\nshall be in accordance with the schedule set forth in this paragraph.\n  2. Upon requesting from the department any determination under the\nNatural Gas Policy Act, such person shall pay a fifty dollar fee per\nwell for each such determination.\n  3. The department shall have the authority to establish reasonable\nfees by rule for closed-loop boreholes deeper than five hundred feet\nbelow the earth's surface pursuant to subdivision fifteen of section\n23-0305 of this article to be credited to the oil and gas account\nestablished under chapter fifty-eight of the laws of nineteen hundred\neighty-two for the purposes of environmental protection or greenhouse\ngas emission reduction.\n
N.Y. ENV Law § 27-1909 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1909
Market development
Status: in_force

§ 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 an emphasis on higher-value end uses in\norder to further create and enhance sustainable markets;\n  2. provide industrial and consumer education on other benefits of\nrecycled waste tire product through the preparation of fact sheets and\npublic workshops; and\n  3. prepare an annual summary report and analysis of markets and\ndisposition of both New York state stockpiled tires and New York state\nannually generated waste tires. This report shall be submitted to the\ndepartment and legislature by the last day of March of each year.\n
N.Y. ENV Law § 9-1905 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1905
List of disputed parcels
Status: in_force

§ 9-1905. List of disputed parcels.\n  The following parcels of land, identified by the county's two thousand\ntwelve assessment rolls and the county's online mapping system as of\nOctober, two thousand twelve, and any subsequent conveyances therefrom,\nare the disputed parcels that are the subject of the provisions of this\ntitle:\n  37.016-1-1.100\n  37.016-1-1.210\n  37.016-1-1.220\n  37.016-1-2\n  37.016-1-3\n  37.016-1-4.110\n  37.016-1-4.120\n  37.016-1-4.131\n  37.016-1-4.132\n  37.016-1-4.140\n  37.016-1-4.150\n  37.016-1-4.160\n  37.016-1-4.200\n  37.016-1-4.300\n  37.016-1-5\n  37.016-1-6\n  37.016-1-8.100\n  37.016-1-10\n  37.018-1-1\n  44.000-1-18\n  44.000-1-19\n  44.000-1-20\n  44.000-1-22\n  44.000-1-26.100\n  44.000-1-26.111\n  44.000-1-26.112\n  44.000-1-26.121\n  44.000-1-27.112\n  44.000-1-27.113\n  44.000-1-27.120\n  44.000-1-27.211\n  44.000-1-27.212\n  44.000-1-27.220\n  44.000-1-28\n  44.000-1-3\n  44.000-1-4.111\n  44.000-1-4.121\n  44.000-1-4.200\n  44.000-1-8\n  44.000-1-9\n  44.000-1-10\n  44.000-1-11\n  44.000-2-32.100\n  44.000-2-33.100\n  44.000-3-1\n  44.000-3-10\n  44.000-3-11\n  44.000-3-12\n  44.000-3-13\n  44.000-3-14\n  44.000-3-15\n  44.000-3-16\n  44.000-3-17\n  44.000-3-2.100\n  44.000-3-2.200\n  44.000-3-3\n  44.000-3-4\n  44.000-3-5\n  44.000-3-6\n  44.000-3-7\n  44.000-3-8\n  44.000-3-9.100\n  44.000-4-1.100\n  44.000-4-1.200\n  44.000-4-1.300\n  44.014-1-10\n  44.014-1-11.100\n  44.014-1-12\n  44.014-1-13\n  44.014-1-2\n  44.014-1-3.100\n  44.014-1-3.200\n  44.014-1-4.200\n  44.014-1-5\n  44.014-1-6\n  44.014-1-7\n  44.014-1-8\n  44.014-1-9\n  44.014-2-1\n  44.015-1-1\n  44.015-1-2\n  44.015-1-3\n  44.015-1-4\n  44.015-1-5\n  44.015-1-6\n  44.015-1-7\n  44.015-1-8\n  44.015-1-9\n  44.018-1-1.110\n  44.018-1-10\n  44.018-1-11\n  44.018-1-12\n  44.018-1-13\n  44.018-1-14\n  44.018-1-15\n  44.018-1-17\n  44.018-1-18\n  44.018-1-19\n  44.018-1-2\n  44.018-1-20\n  44.018-1-21\n  44.018-1-22.111\n  44.018-1-22.112\n  44.018-1-22.114\n  44.018-1-22.115\n  44.018-1-22.116\n  44.018-1-22.120\n  44.018-1-22.200\n  44.018-1-23.111\n  44.018-1-23.112\n  44.018-1-23.120\n  44.018-1-23.130\n  44.018-1-23.200\n  44.018-1-23.311\n  44.018-1-23.312\n  44.018-1-23.320\n  44.018-1-27.110\n  44.018-1-27.200\n  44.018-1-28.100\n  44.018-1-3\n  44.018-1-4\n  44.018-1-5\n  44.018-1-6.100\n  44.018-1-8.100\n  44.018-1-8.200\n  44.018-1-8.300\n  44.018-1-9\n  44.018-3-1\n  44.018-3-2\n  44.018-3-2.100\n  52.006-1-13\n  52.006-1-18\n  52.006-1-19.100\n  52.006-1-19.200\n  52.006-1-19.300\n  52.006-1-20\n  52.006-1-22\n  52.006-1-23\n  52.006-1-24\n  52.006-1-25\n  52.006-1-26\n  52.006-1-27\n  52.006-2-1\n  52.006-2-10\n  52.006-2-11\n  52.006-2-12\n  52.006-2-13\n  52.006-2-14\n  52.006-2-15\n  52.006-2-16\n  52.006-2-17\n  52.006-2-18\n  52.006-2-19.100\n  52.006-2-19.200\n  52.006-2-2.121\n  52.006-2-2.122\n  52.006-2-2.123\n  52.006-2-2.124\n  52.006-2-2.200\n  52.006-2-20\n  52.006-2-21.111\n  52.006-2-21.112\n  52.006-2-22.110\n  52.006-2-22.120\n  52.006-2-23.111\n  52.006-2-23.112\n  52.006-2-23.113\n  52.006-2-23.114\n  52.006-2-23.115\n  52.006-2-23.116\n  52.006-2-23.117\n  52.006-2-23.118\n  52.006-2-23.119\n  52.006-2-23.120\n  52.006-2-24./1\n  52.006-2-24.100\n  52.006-2-25.100\n  52.006-2-26.100\n  52.006-2-26.200\n  52.006-2-27\n  52.006-2-28.111\n  52.006-2-28.112\n  52.006-2-28.113\n  52.006-2-28.114\n  52.006-2-28.120\n  52.006-2-28.200\n  52.006-2-29\n  52.006-2-3\n  52.006-2-4\n  52.006-2-5\n  52.006-2-6\n  52.006-2-7\n  52.006-2-8.100\n  52.006-2.8.200\n  52.006-2-9\n  52.011-1-1\n  52.011-1-10.100\n  52.011-1-10.200\n  52.011-1-11\n  52.011-1-2.111\n  52.011-1-2.112\n  52.011-1-2.114\n  52.011-1-2.120\n  52.011-1-2.200\n  52.011-1-4.200\n  52.011-1-5\n  52.011-1-6\n  52.011-1-7.100\n  52.011-1-8\n  52.011-1-9.110\n  52.011-1-9.120\n  52.011-1-9.211\n  52.011-1-9.212\n  52.011-1-9.220\n  52.011-1-9.230\n  52.011-1-9.300\n  The disputed parcels identified in this section are not intended to be\nlegal descriptions, but are intended to identify disputed parcels by tax\nlot number only.\n
N.Y. ENV Law § 15-1929 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1929
Corrections and revisions of statements of enhancements
Status: in_force

§ 15-1929. Corrections and revisions of statements of enhancements.\n  Should it be found necessary to correct or to revise any statements of\nenhancements due to drainage, general apportionment of cost, general\nplan for drainage works, estimates of cost of drainage works, boundaries\nof districts, boundaries of lands assessable for various portions of the\nwork or any other matter above treated, such corrections and revisions\nmay be made either upon petition or on motion of the department by\nfollowing the procedure for each case as above set forth in so far as it\ncan be made to apply.\n
N.Y. ENV Law § 15-1921 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1921
Proceedings on enhancements
Status: in_force

§ 15-1921. Proceedings on enhancements.\n  1. The drainage enhancements shall be set forth in a statement signed\nby the department, which together with the map of the district shall be\nfiled and notice of a hearing thereon at which grievances will be heard\nshall be given. At such hearing objectors shall be heard as to the\nproperty lines shown on the maps and the drainage enhancements shown on\nthe statement thereof.\n  2. After the close of the hearing the department may amend both maps\nand statement, adopt the statement in final form and shall file such\namended maps and final statement and give notice of such filing.\nThereupon such amended maps and final statement shall be recorded when\nand as provided in section 15-1927.\n
N.Y. PBA Law § 2460 — New York Code / Act PBA / Article 8 / Title 19 / Section 2460
Short title
Status: in_force

* § 2460. Short title. This title may be cited as the New York state\nsports authority act.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2474 — New York Code / Act PBA / Article 8 / Title 19 / Section 2474
Extraordinary conditions provision
Status: in_force

* § 2474. Extraordinary conditions provision. In the event that a\nparticipating municipality fails to make its required payment in whole\nor in part, to the authority because of extraordinary conditions beyond\nthe control of the participating municipality as determined by the\nauthority, the chairman of the authority shall certify such conditions\nto the comptroller. The comptroller upon receipt of such certification\nfrom the authority shall withhold state aid in the same manner as set\nforth in section twenty-four hundred seventy-three in an amount not to\nexceed eighty per centum of the total required payment minus the amount\npaid by the municipality. The comptroller shall immediately pay over to\nthe sports facilities income fund account the amount so withheld. In\nsuch cases, the authority shall provide for the outstanding amounts so\ndue in an appropriate and timely manner.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1943 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1943
Minor repairs in drainage districts
Status: in_force

§ 15-1943. Minor repairs in drainage districts.\n  1. Application for the repair, enlargement or cleaning out of any\nditch originally constructed or repaired by assessment under the\nprovisions of title 19 of this article, or any former general or special\ndrainage laws, if within a drainage improvement district and if the\ntotal cost thereof shall not exceed two per cent of the total of the\ndrainage enhancements of all parcels served by such ditch, may be made\nby any three or more persons liable to be assessed therefor. Such\napplication shall be made by written petition, verified by at least one\nof the signers thereof, setting forth the work desired, the estimated\ncost thereof and the need therefor.\n  2. On receipt of such petition the department shall cause an\nexamination to be made of such ditch or ditches, an estimate of the cost\nof such repairs and improvements and a special apportionment of the cost\nthereof to be prepared, and shall file a statement of these matters.\nThereafter, after due notice, the department shall hear all interested\nparties with regard thereto. The filing of written objections shall not\nbe required. If after the hearing the department shall determine that\nthe work can be done under this section, is necessary and is desired by\nthe owners of the lands involved, it may proceed to make such repairs or\nenlargements. The cost of such repairs and expenses of the hearing and\nexamination generally shall be apportioned upon the properties served by\nthe work in accordance with the general or a previous special\napportionment of the cost of such ditch or part of a ditch.\n  3. If the department shall find that changes should be made in the\napportionment, or, for any other reason, that the work should not be\ndone under the provisions of this section, it may so specify in its\norder, giving its reasons therefor, and return the case to the\napplicants for further petition. Money to pay for such work shall be\nraised pursuant to the Local Finance Law and as elsewhere herein\nprovided. The whole cost of such work shall be collected within not to\nexceed three years from the date of completion of the project as may be\ndetermined by the department.\n
N.Y. ENV Law § 71-1941 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1941
Penalties and liability for spills of bulk liquids
Status: in_force

§ 71-1941. Penalties and liability for spills of bulk liquids.\n  1. Except where the owner of or a person in actual or constructive\npossession or control of more than one thousand one hundred gallons, in\nbulk, of any liquid including petroleum which, if released, would or\nwould be likely to pollute the lands or waters of the state including\nthe groundwaters thereof can prove that the entry or presence of any\npart of such liquid onto such lands or into or in such waters causing or\ncontributing to a condition therein in contravention of the standards\nadopted or deemed adopted by the water pollution control board or any of\nits legal successors was caused solely by (A) an act of God, (B) an act\nof war, (C) negligence on the part of the United States or New York\nState Government or (D) an act or omission of a third party without\nregard to whether any such act or omission was or was not negligent, or\nany combination of the foregoing clauses, such owner or person shall be\nliable for a penalty of not more than three thousand seven hundred fifty\ndollars for an initial incident resulting in or contributing to such a\ncontravention and for an additional penalty not to exceed seven hundred\nfifty dollars for each day during which such contravention or\ncontribution thereto continues, and in addition shall be liable to the\npeople of the state of New York for the actual costs incurred by or on\nbehalf of the people of the state for the removal or neutralization of\nsuch liquid and for any and all reasonable measures taken or attempted\nto reduce, limit or diminish the extent or effect of such contravention.\n  2. Such penalty or reimbursement or both due the people of the state\nby reason of the liability provided in subdivision one of this section\nmay be assessed by the commissioner by order after a hearing or hearings\nnoticed and conducted and reviewable as provided in title nine of\narticle seventeen, or opportunity to be heard, or be recovered in an\naction or actions brought by the attorney general.\n  3. In assessing the amount of any such penalty the commissioner or\ncourt shall consider:\n  a. The type, extent and amount of damage which resulted from such\nincident.\n  b. The degree of care taken by or on behalf of the party charged to\nprevent the occurrence of the incident.\n  c. The efforts made by or on behalf of the party charged to reduce or\nmitigate the damage which resulted from the incident.\n
N.Y. ENV Law § 11-1909 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1909
Private trout and black bass hatcheries
Status: in_force

§ 11-1909. Private trout and black bass hatcheries.\n  1. The department in its discretion may issue to any person a hatchery\npermit, valid during the calendar year of issue, to propagate, raise and\nsell trout. The department shall establish by order regulations\ngoverning the identification of trout raised under such a permit which\nare offered for sale, sold or transported.\n  2. The department in its discretion may issue to any person a hatchery\npermit, valid during the calendar year of issue, to propagate, raise and\nsell black bass. The department shall establish by order, regulations\ngoverning the transportation of black bass raised under such a permit.\n
N.Y. ENV Law § 17-1905 — New York Code / Act ENV / Article 17 / Title 19 / Section 17-1905
Operation and maintenance of sewage treatment works
Status: in_force

§ 17-1905. Operation and maintenance of sewage treatment works.\n  1. As used in this section:\n  a. "Operation and maintenance" means and includes all direct costs for\nlabor, direct supervision, vehicles, vessels, supplies, materials, fuel,\nlubricants, power, and similar costs, the direct costs charged against\nlabor such as retirement, social security, and insurance, and such other\ncharges as real property and school taxes and special assessments and ad\nvalorem levies on sewage treatment works located outside of the\ncorporate limits of the municipality, insurance premiums on sewage\ntreatment plant structures, and equipment. It shall not include any\nadministrative, legislative or overhead costs other than as outlined\nabove, costs of indirect supervision or costs of any capital\nimprovements.\n  b. "Sewage treatment works" means and includes the structures,\nequipment, vehicles, vessels, and appurtenances of local government used\nexclusively for the treatment of sewage and for the disposal of sludge\nresulting from sewage treatment. Sewage treatment works shall also\ninclude outlet sewers, overflow structures on sewer systems, diversion\nchambers on intercepting sewers, and pumping stations which have\nreplaced a sewage treatment plant or plants. Such treatment works shall\nnot include any other sewers, nor any properties used in whole or in\npart for the administration of sewage treatment works unless such\nproperties are on the site of, and an integral part of, the sewage\ntreatment plant.\n  c. "Qualifications for state assistance to municipalities" means and\nincludes submission by the municipality of (1) audited costs of sewage\ntreatment plant operation, (2) standard reports with respect to such\nplant performance and effect on receiving waters, (3) evidence that the\nsewage treatment plant is under the supervision of an operator qualified\npursuant to section f of chapter 11 of the State Sanitary Code, (4)\nevidence that the sewage from the tributary area reaches such sewage\ntreatment plant for processing, within practical limitations, (5)\nevidence that such sewage treatment plant is and has been constructed in\nsubstantial compliance with the plans approved by and on file with the\ncommissioner or with approved amendments thereto. The burden of proof to\nestablish qualifications for state assistance rests with the\nmunicipality.\n  d. "Municipality" means a county, city, town, village or district\ncorporation, or a county or town on behalf of a special improvement\ndistrict, which operates and maintains sewage treatment works, or a city\non behalf of a sewer authority now existing in such city which operates\nand maintains sewage treatment works, or any of the foregoing in cases\nin which the sewage treatment works is operated and maintained by the\nNew York State Environmental Facilities Corporation pursuant to\nsubdivision 1 of section 1285 of the Public Authorities Law, or the New\nYork state pure waters authority acting pursuant to subdivision 3 of\nsection 1285 of the Public Authorities Law.\n  2. The commissioner shall apportion and approve for payment state\nassistance to each municipality which, by itself or in cooperation with\none or more other municipalities or other governments, operates and\nmaintains or is responsible for the payment of expenses for operation\nand maintenance of sewage treatment works during all or part of a fiscal\nyear of such municipality, in accordance with qualifications for state\nassistance applicable to the operation and maintenance of such works.\nWhere a special or improvement district or a sewer authority operates\nand maintains sewage treatment works, state assistance paid to a county,\ncity or town on behalf of such district or authority shall be credited\nby such county, city or town to such district or authority. Such state\nassistance, when apportioned among the municipalities applying, shall be\nfor not more than one-third of the amount approved by the commissioner\nas having been duly expended by the municipality for such operation and\nmaintenance during each of the two successive fiscal years of the\nmunicipality beginning with its fiscal year commencing on or after June\n1, 1974 and for one-fourth of such amount expended by the municipality\nduring each of the following five successive fiscal years of the\nmunicipality beginning with its fiscal year commencing on or after June\n1, 1976, for thirty-three and one-third percent of such amount expended\nby the municipality for its fiscal year commencing between June 1, 1981\nand May 31, 1982, for one-third of such amount expended by the\nmunicipality for its fiscal year commencing between June 1, 1982 and May\n31, 1983, for one-third of such amount expended by the municipality for\nits fiscal year commencing between June 1, 1983 and May 31, 1984, for\none-third of such amount expended by the municipality for its fiscal\nyear commencing between June 1, 1984 and May 31, 1985, for one-third of\nsuch amount expended by the municipality for its fiscal year commencing\nbetween June 1, 1985 and May 31, 1986, for one-third of such amount\nexpended by the municipality for its fiscal year commencing between June\n1, 1986 and May 31, 1987, for one-third of such amount expended by the\nmunicipality for its fiscal year commencing between June 1, 1987 and May\n31, 1988 and for one-third of such amount expended by the municipality\nfor its fiscal year commencing between June 1, 1988 and May 31, 1989.\nProvided further, however, if the amount appropriated by the legislature\nto meet the requirements of this section is insufficient to make the\nfull payments required herein, the amounts to be paid to municipalities\npursuant to this section shall be proportionately reduced. Such state\nassistance shall be paid on account of such expenditures after the\ntermination of the fiscal year of the municipality and after the\ncommissioner shall have determined, in accordance with this section;\n  a. The total of such expenditures properly attributable to operation\nand maintenance, and\n  b. That such operation and maintenance complied with the applicable\nqualifications for state assistance.\nAll payments of such state assistance shall be made after audit by and\nupon warrant of the comptroller on vouchers approved by the\ncommissioner.\n  3. A municipality applying for state assistance pursuant to this\nsection shall submit to the commissioner within sixty days after the\ntermination of a fiscal year of the municipality an application in such\nform and containing such information as the commissioner shall require\nin order to effectuate the purposes of this section and to perform his\nfunctions, powers and duties thereunder.\n  4. In administering and enforcing the provisions of this section the\ncommissioner shall:\n  a. Annually furnish an estimate to the director of the budget of the\namount required to be included in the executive budget for state\nassistance payable under this section and for such purpose shall have\npower to require municipalities to file advance estimates of the amounts\nof state assistance estimated to be payable to them under this section\nduring the next fiscal year of the state.\n  b. Deny state assistance to any municipality which fails to operate\nand maintain its sewage treatment works in accordance with\nqualifications for state assistance applicable to such works.\n  c. Make an annual inspection of operating conditions and results,\nincluding the collection of necessary flow and analytical data and\nsampling, at each sewage treatment plan for the maintenance and\noperation of which state assistance is granted pursuant to this section.\n  d. Promulgate such rules and regulations pursuant to subdivision 3 of\nsection 17-0303 as may be necessary, proper or desirable to carry out\neffectively the provisions of this section, including, but not limited\nto, standards of operating efficiency for sewage treatment works, based\non the best usage of the receiving waters, type of treatment provided,\nand available dilution.\n  e. On or before May first, nineteen hundred seventy-five, the\ncommissioner shall present to the governor and the legislature a study\nof the system of state assistance payable under this section. The study\nshall describe the effect the provision of this state assistance has had\non the quality and efficiency of the treatment of sewage by\nmunicipalities. It shall also evaluate the effect that would be achieved\nby changing the type and level of assistance provided. In evaluating\nthese alternatives, it shall consider among other possible courses, the\npossibilities of providing aid in relation to the level of removal of\npollutants achieved, and of providing aid for certain items not now\nincluded in approvable operating costs such as repairs and\nrehabilitation of facilities, and of providing more or less state\nassistance for the various types of expenses. It shall also evaluate\nsuch other aspects of the program as shall be necessary to provide a\nclear picture of the current effectiveness of the program, how it may be\nimproved, what the annual costs of such improvements may be and whether\nsuch current or proposed expenditures do in fact provide a commensurate\nvalue to the state. Such study shall contain the commissioner's\nrecommendations for the continuation, elimination or modification of the\nsystem of state assistance payable under this section.\n
N.Y. ENV Law § 71-1927 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1927
Enforcement of titles 1 through 11 inclusive and title 19 of article 17
Status: in_force

§ 71-1927. Enforcement of titles 1 through 11 inclusive and title 19 of\n             article 17.\n  The commissioner is hereby authorized to:\n  1. Institute or cause to be instituted in a court of competent\njurisdiction proceedings to compel compliance with the provisions of\ntitles 1 through 11 inclusive and title 19 of article 17 or the\ndeterminations and orders of the commissioner.\n  2. Settle or compromise, with the approval of the Attorney General,\nany action or cause of action for the recovery of a penalty under titles\n1 through 11 inclusive and title 19 of article 17 as he may deem\nadvantageous to the state.\n
N.Y. PBA Law § 2471 — New York Code / Act PBA / Article 8 / Title 19 / Section 2471
Lease agreements
Status: in_force

* § 2471. Lease agreements. 1. Any agreement entered into between the\nauthority and a participating municipality may provide for (i) the\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof one or more sports facilities, and (ii) the leasing thereof and of\nthe land upon which the same is erected and upon completion of\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nfor a term not exceeding forty years and upon such terms and conditions\nincluding annual lease rental as may be agreed upon.\n  2. The participating municipality shall make payments to the authority\nsubject to local appropriation therefor in accordance with the leasing\nagreement entered into pursuant to subdivision one of this section. The\nauthority may pledge or assign any or all moneys in the sports\nfacilities income fund account and in any rental reserve account\nestablished pursuant to section twenty-four hundred seventy-two of this\ntitle and any or all moneys which may be in either or both such accounts\nin the future, whether equal to or in excess of the amount of such\npayments due or becoming due in any year, and any or all right, title\nand interest of the authority in and to the moneys in or to be deposited\nin such fund accounts.\n  3. The attorney general shall pass upon the form and sufficiency and\nmanner of execution of any lease agreement entered into pursuant to this\nsection and the same shall not be effective unless so approved by him.\n  4. The state shall not be liable for any payments payable to the\nauthority by a participating municipality pursuant to the terms of a\nlease agreement entered into pursuant to this section and such agreement\nshall contain among its terms a statement to such effect.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1959 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs
Status: in_force

§ 15-1959. Corrections and revisions of assessments, determinations of\n             drainage enhancements and apportionment of costs.\n  1. In the event that obvious errors or discrepancies should be\ndiscovered in any assessment, determination of drainage enhancements or\ngeneral or special apportionments of cost, the department may correct\nthe same by filing corrected copies of the statement of such assessment,\ndetermination or apportionments and following the procedure specified in\ntitle 19 of this article.\n  2. Should such corrections be made, the county legislative body is\nempowered to levy additional sums on or to give credit to certain\nparcels to the end that the amount collected from each parcel shall be\nwhat it should have been had an error not been made. The county\nlegislative body is also empowered to apply to the department for an\nadjustment of assessments among the various parts into which an original\nparcel may have subdivided.\n  3. The department shall file and record its findings in such cases as\namendments to the original or corrected assessments, and shall give\nnotice to the parties affected, but need hold no hearing thereon unless\nsuch hearing be demanded by a party affected within ten days after\nnotice is given.\n  4. None of the above proceedings shall be held to reopen a\ndetermination of enhancements or an apportionment of cost, except as to\nthe particular matter involved. Should the department at any time find\nthat a former assessment, determination or apportionment appears with\nthe lapse of time or in the light of new knowledge and experience to\nhave become inequitable, it may so declare by written order and proceed\nto review the whole matter by following the full procedure laid down in\nwhichever one of the following sections is appropriate:  15-1919,\n15-1925, 15-1937 or 15-1939.\n
N.Y. ENV Law § 15-1971 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1971
Transfer of property and discontinuance of district
Status: in_force

§ 15-1971. Transfer of property and discontinuance of district.\n  Whenever a drainage improvement district created pursuant to this\narticle and lying wholly within a county small watershed protection\ndistrict established pursuant to article 5-D of the County Law has no\noutstanding debts, liabilities and obligations, the department as the\ngoverning body of such drainage improvement district, if it determines\nafter public hearing that the public interest would be served thereby,\nis hereby authorized to convey, upon such terms and conditions and for\nsuch consideration as it may deem adequate, if any, all or any part of\nthe real estate or an easement or easements therein, or other property\nof such drainage improvement district to such county small watershed\nprotection district. Whenever all of the real property and other\nproperty is conveyed as authorized herein, such drainage improvement\ndistrict and the drainage improvement association within such district\nshall immediately cease to exist, and any and all functions, powers and\nduties previously possessed, performed and exercised by either of them\nshall be terminated.\n
N.Y. ENV Law § 11-1907 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1907
Propagation of fur-bearing animals
Status: in_force

§ 11-1907. Propagation of fur-bearing animals.\n  1. Beaver, bobcat, coyote, raccoon, sable or marten, skunk, otter,\nfisher, nutria and muskrat may be propagated, or kept alive in\ncaptivity, provided a license shall first be obtained from the\ndepartment. The fee for the license shall be twenty-five dollars and the\nlicense shall be in force during the calendar year in which it was\nissued. The license is not transferable.\n  2. Animals propagated or kept alive in captivity pursuant to such\nlicense may be disposed of alive for propagation, exhibition,\nscientific, or educational purposes or they may be killed and pelted at\nany time, in any manner. Carcasses and pelts of such animals may be\npossessed, transported, bought or sold at any time.\n  3. On or after April first, two thousand twelve, the department shall\nnot issue any new licenses pursuant to this section.\n
N.Y. ENV Law § 11-1911 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1911
Farm fish ponds
Status: in_force

§ 11-1911. Farm fish ponds.\n  1. "Farm fish pond" means a body of water, impounded by a dam, of not\nmore than ten acres of water surface when full, lying wholly within the\nboundaries of privately owned or leased lands. It does not include any\npond used in connection with any private camp, boarding house, hotel or\nother establishment catering to the public.\n  2. The department may issue to the owner or lessee of a farm fish pond\na license, effective for a period of five years, entitling the holder to\nmanage such fish pond for the production of fish. The department shall\nfix the terms of each such license and may include therein (a)\npermission to control undesirable fish, aquatic vegetation and insect\nlife, interfering with the production of fish and (b) permission,\nnotwithstanding any other provisions of this chapter to the contrary, to\nrelease, stock and propagate fish in the licensed pond. The department\nmay specify in the license methods of control to be used and the manner\nof taking and type, size and mesh of gear to be used in taking fish. The\ndepartment may, for cause, revoke or suspend any license issued pursuant\nto this section.\n  3. No person shall release any species of fish into a farm fish pond\nunless permission to do so is first obtained from the department.\n  4. A licensee, any member of his immediate family, and any person\nactually employed by him in the cultivation of his farm or the\nmanagement of the licensed pond may without license issued under title 7\nof the Fish and Wildlife Law, take fish of any size, in any number, at\nany time, in any manner permitted by the department.\n  5. The holder of any type of fishing license, or a person entitled to\nexercise the privileges of such a license, may, with the permission of\nthe licensee, take fish by angling from the licensed pond provided the\nholder complies with the provisions of title 13 of the Fish and Wildlife\nLaw, with respect to open seasons, minimum size limits and daily and\nseasonal possession limits.\n  6. a. Fish protected by law, except trout, black bass, muskellunge and\nlandlocked salmon, legally taken from a licensed farm fish pond, may be\nbought and sold during their respective open seasons, and may be\npossessed and transported at any time. Trout, black bass, muskellunge\nand landlocked salmon, legally taken from a licensed farm fish pond may\nbe possessed and transported during their respective open seasons and\nuntil March 1 immediately following, but unless such fish were taken by\na person described in subdivision 4 or are frozen or otherwise processed\nand packaged for storage and are being transported to a place of storage\nor consumption, no person shall transport in any one day a quantity of\nsuch fish exceeding the quantity which may be legally taken from that\nfarm fish pond by a person described in subdivision 5.\n  b. Fish protected by law shall not be removed from the premises of the\nlicensee unless such fish or the package containing them bears the name\nand address of the licensee and his license number and the name and\naddress of the person in whose possession they are.\n  c. Fish not protected by law, legally taken from a licensed farm fish\npond, may be possessed, transported, bought and sold at any time, except\nthat taking and sale of bait fish shall be permitted only under license\npursuant to section 11-1315.\n
N.Y. ENV Law § 15-1915 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1915
Proceedings for formation of district
Status: in_force

§ 15-1915. Proceedings for formation of district.\n  1. At the hearing the department shall hear all persons affected by\nthe formation of the proposed district. The department may change the\ntentative boundaries of the proposed district, but in that case a new\nhearing shall be held thereon after due notice thereof.\n  2. After the final hearing the department shall determine whether or\nnot the tentative boundaries as described include all the lands which\nshould be included in the district and exclude as far as is reasonably\npossible all lands which will not be benefited by drainage; whether or\nnot the lands included therein will be made more productive by drainage,\nthe public health, safety or welfare will be benefited thereby and it\nwill be to the public interest to form the drainage improvement district\nand carry out further proceedings for final fixation of boundaries or\nwhether the application should be rejected.  It shall embody such\ndetermination and disposition of the case in a written order, which\nshall be filed and notice of such filing given.\n  3. If the decision is favorable, such order shall declare the district\nto be formed and shall direct the making of surveys and the taking of\nthe remainder of the proceedings for final fixation of boundaries for\nthe district all as provided by sections 15-1917 to 15-1927, inclusive.\nThereupon the order may be reviewed as provided by section 15-0905, and\nin due course shall be recorded.\n  4. The district shall be held to have been formed on the date of such\norder, but such formation shall not be effective until such order, as\nmade or modified on review, shall have been recorded.\n
N.Y. ENV Law § 71-1943 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1943
Enforcement of section 17-1743
Status: in_force

§ 71-1943. Enforcement of section 17-1743.\n  Any person who fails to so notify the department of such release,\ndischarge or spill into the waters of the state as described in section\n17-1743 of this chapter shall, upon conviction, be fined not more than\nthree thousand seven hundred fifty dollars or imprisoned for not more\nthan one year, or both.\n
N.Y. PBA Law § 2483 — New York Code / Act PBA / Article 8 / Title 19 / Section 2483
Assistance by state officers, departments, boards and commissions
Status: in_force

* § 2483. Assistance by state officers, departments, boards and\ncommissions. All officers, departments, boards, agencies, divisions and\ncommissions of the state may render any services to the authority as are\nwithin the area of their respective governmental functions as fixed by\nlaw and as may be requested by the authority and shall comply promptly\nwith any reasonable request by the authority as to the making of any\nstudy or review as to desirability, need, cost or expense with respect\nto any public project, purpose or improvement, or the financial\nfeasibility thereof or the financial or fiscal responsibility or ability\nin connection therewith of any municipality making application for loan\nto the authority.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2480 — New York Code / Act PBA / Article 8 / Title 19 / Section 2480
Bonds and notes as legal investments for public officers and fiduciaries
Status: in_force

* § 2480. Bonds and notes as legal investments for public officers and\nfiduciaries. The bonds and notes of the authority are hereby made\nsecurities in which all public officers and bodies of this state and all\npolitical subdivisions thereof, all insurance companies and associations\nand other persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds including capital in their control or\nbelonging to them. The bonds and notes are also hereby made securities\nwhich may be deposited with and may be received by all public officers\nand bodies of this state and all political subdivisions thereof for any\npurpose for which the deposit of bonds or other obligations of this\nstate is now or may hereafter be authorized.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2488 — New York Code / Act PBA / Article 8 / Title 19 / Section 2488
Separability
Status: in_force

* § 2488. Separability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2479 — New York Code / Act PBA / Article 8 / Title 19 / Section 2479
Exemption from taxation of bonds and notes
Status: in_force

* § 2479. Exemption from taxation of bonds and notes. It is hereby\ndetermined that the creation of the authority is in all respects for the\nbenefit of the people of the state, for the improvement of their health\nand welfare, and for the promotion of the economy, and that said\npurposes are public purposes and the authority will be performing an\nessential governmental function in the exercise of the powers conferred\nupon it by this title, and the state covenants with the purchasers and\nall subsequent holders and transferees of bonds and notes issued by the\nauthority, in consideration of the acceptance of and payment for the\nbonds and notes, that the bonds and notes of the authority, issued\npursuant to this title and the income therefrom and all its fees,\ncharges, gifts, grants, revenues, receipts, and other moneys received or\nto be received, pledged to pay or secure the payment of such bonds or\nnotes shall at all times be free from taxation, except for estate or\ngift taxes and taxes on transfers.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2484 — New York Code / Act PBA / Article 8 / Title 19 / Section 2484
Annual report
Status: in_force

* § 2484. Annual report. The authority shall submit to the governor,\nthe chairman of the senate finance committee, the chairman of the\nassembly ways and means committee, the comptroller and the director of\nthe budget within six months after the end of its fiscal year, a\ncomplete and detailed report setting forth: (1) its operations and\naccomplishments; (2) its receipts and expenditures during such fiscal\nyear in accordance with the categories or classifications established by\nthe authority for its operating and capital outlay purposes, including a\nlisting of all private consultants engaged by the authority on a\ncontract basis and a statement of the total amount paid to each such\nprivate consultant; (3) its assets and liabilities at the end of its\nfiscal year, including the status of reserve, special or other funds;\nand (4) a schedule of its bonds and notes outstanding at the end of its\nfiscal year, together with a statement of the amounts redeemed and\nincurred during such fiscal year.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 71-1907 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1907
Enforcement of section 17-1707
Status: in_force

§ 71-1907. Enforcement of section 17-1707.\n  1. Every person violating any provision of section 17-1707 shall\nforfeit to the municipality having a local board of health where the\nviolation occurs the sum of twenty-five dollars for the first day when\nthe violation takes place, and the sum of ten dollars for every\nsubsequent day that such violation is repeated or continued.\n  2. The board of health of any such municipality shall examine into any\nalleged offense against section 17-1707 and cause the same to be abated,\nif found to exist.\n
N.Y. ENV Law § 15-1913 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1913
Proceedings on petition
Status: in_force

§ 15-1913. Proceedings on petition.\n  1. On receipt of a petition for the formation of a district the\ndepartment shall make such preliminary investigation of the proposed\ndistrict as it may find to be suitable and prepare a report thereon.\nSuch report shall describe tentative boundaries for the district, shall\ncontain a preliminary discussion of the present conditions, possible\nmeasures of relief, approximate cost of necessary drainage works,\npossible benefits and advantages therefrom, shall give an estimate of\nthe cost of the surveys and all proceedings necessary for and including\nfinal fixation of boundaries of the district and shall set forth the\nrecommendations of the department with regard to the formation of the\nproposed district.\n  2. Such report shall be filed and notice of such filing and of a\nhearing thereon given. Such notice, among other things, shall state the\nestimated cost of the surveys and all proceedings necessary for and\nincluding final fixation of boundaries of the district and that, should\nsuch proceedings be fully or partially completed, such cost will be\nassessed in one year upon the lands in the district at a uniform amount\nper acre of such lands.\n
N.Y. PBA Law § 2485 — New York Code / Act PBA / Article 8 / Title 19 / Section 2485
Court proceedings; preferences; venue
Status: in_force

* § 2485. Court proceedings; preferences; venue. Any action or\nproceeding to which the agency or the people of the state of New York\nmay be parties, in which any question arises as to the validity of this\nact, shall be preferred over all other civil causes except election\ncauses in all courts of the state of New York and shall be heard and\ndetermined in preference to all other civil business pending therein\nexcept election causes, irrespective of position on the calendar. The\nsame preference shall be granted upon application of counsel to the\nauthority in any action or proceeding questioning the validity of this\ntitle in which he may be allowed to intervene. The venue of any such\naction or proceeding shall be laid in the county in which the principal\noffice of the authority is located.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2465 — New York Code / Act PBA / Article 8 / Title 19 / Section 2465
Plans for sports facilities
Status: in_force

* § 2465. Plans for sports facilities. Any participating municipality\nmay by resolution of its governing body or in the case of the city of\nNew York, the board of estimate, prepare and submit a plan to the\nauthority for the acquisition, construction, improvement or\nmodernization of a sports facility. Such a plan may be jointly sponsored\nby any number of participating municipalities. After submission of a\nplan by one or more participating municipalities for a sports facility,\nthe authority shall conduct a comprehensive evaluation study concerning\nthe request, including but not limited to the amateur and professional\nteam interest in the facility, potential local support, economic\nfeasibility, the possibilities of multi-purpose use and the availability\nof land, transportation and ancillary facilities.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1951 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1951
Financing of improvements
Status: in_force

§ 15-1951. Financing of improvements.\n  1. For defraying the costs of all proceedings, surveys, studies and\nconstruction projects authorized by any section of title 19 of this\narticle, the department may raise funds pursuant to the Local Finance\nLaw. Such funds may not be borrowed unless the proceedings authorizing\nsuch expenditures have become final.\n  2. In addition the department is authorized in the name of the\ndistrict to apply for, receive and expend funds or services which may be\ngranted or contributed for the purpose by the federal government or\nother public authorities or by private persons or organizations.\nObligations issued for such purpose shall not be construed in any event\nas obligations or indebtedness of the state, and neither the state, the\ndepartment or any member thereof personally shall be obligated to pay\nthe principal or interest therefor. Bonds issued for such purpose shall\nbe lawful investments for savings banks, trust companies, executors and\ntrustees and for any of the funds of the state which by law may be\ninvested.\n  3. The proceeds of such bonds shall be deposited in a national or\nstate bank or trust company either in Albany or in one of the counties\nin which such improvement is made, to be designated by the Comptroller.\nBefore any such deposit is made, the Comptroller shall require from the\ndepository security for the repayment of the same to the department upon\ndemand of the moneys so deposited in the manner provided in section 106\nof the State Finance Law.\n
N.Y. ENV Law § 27-1901 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1901
Definitions
Status: in_force

§ 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 administered by the department for waste tire storage\nfacilities.\n  2. "Beneficial use" means the use of solid waste material, which would\notherwise need to be placed in a landfill or disposed of through\nalternative means, in such a manner that the nature of the use of the\nmaterial constitutes a reuse rather than disposal. Beneficial uses\ninclude incorporation of a solid waste material, which is a legitimate\nsubstitute for a raw material, into a product marketable to an end user.\nWaste tires which are burned as a fuel for the purposes of recovering\nuseable energy are considered to be beneficially used only at the point\nat which they are burned.\n  3. "End use" means that a product requires no further processing or\nmanufacturing and is used by a consumer for the product's intended\napplication.\n  4. "End user" means the ultimate customer of a finished product.\n  5. "New tires" means tires that have never been placed on a motor\nvehicle wheel rim or tires placed on a motor vehicle prior to its\noriginal retail sale. It does not include recapped or resold tires.\n  6. "Noncompliant waste tire stockpile" means a facility, including a\nwaste tire storage facility, parcel of property, or site so designated\nby the department in accordance with this title, where one thousand or\nmore waste tires or mechanically processed waste tires have been\naccumulated, stored or buried in a manner that the department or a court\nof competent jurisdiction has determined violates any judicial\nadministrative order, decree, law, regulation, or permit or stipulation\nrelating to waste tires, waste tire storage facilities or solid waste.\n  7. "Recycle" means to use recyclables in manufacturing a product for\nan end use other than burning for recovery of useable energy.\n  8. "Recyclables" means solid waste materials that exhibit the\npotential to be used to make marketable products for end users.\n  9. "Removed from service" means removed within New York state from the\nservice for which the tires were intended to be used when the tires and\ntire casings were separated for retreading.\n  10. "Retail sale" means the sale to any person in the state for any\npurpose other than resale.\n  11. "Tire service" means any person or business who sells or installs\nnew tires for use on any vehicle and any person or business who engages\nin the retail sale of new motor vehicles. The United States of America\nand any of its agencies and instrumentalities, and New York state and\nany of its agencies, instrumentalities, public corporations, or\npolitical subdivisions are excluded from this term.\n  12. "Vehicle" or "Motor Vehicle" means any device which by virtue of\nits design could qualify for registration pursuant to section four\nhundred one, four hundred ten, two thousand two hundred sixty-one, or\ntwo thousand two hundred eighty-two of the vehicle and traffic law.\n  13. "Waste tire" means any solid waste which consists of whole tires\nor portions of tires. Tire casings separated for retreading and tires\nwith sufficient tread for resale shall be included under this term,\nhowever, crumb rubber shall not be considered a solid waste.\n  14. "Waste tire storage facility" means a facility at which waste\ntires are stored and for which a permit or registration has been issued,\npursuant to department regulations.\n
N.Y. PBA Law § 2481 — New York Code / Act PBA / Article 8 / Title 19 / Section 2481
Actions
Status: in_force

* § 2481. Actions. In any case founded upon tort a notice of claim\nshall be required as a condition precedent to the commencement of an\naction or special proceeding against the authority or any officer,\nappointee or employee thereof, and the provisions of section fifty-e of\nthe general municipal law shall govern the giving of such notice.\n  Except in an action for wrongful death, no action shall be commenced\n(a) prior to the expiration of thirty days from the date on which the\ndemand, claim or claims upon which the action is founded were presented\nto a director of the authority or other officer thereof designated for\nsuch purpose nor (b) more than one year after the cause of action\ntherefor shall have accrued. An action against the authority for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of this\nchapter.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1963 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1963
Formation of district with federal aid
Status: in_force

§ 15-1963. Formation of district with federal aid.\n  1. The department may proceed of its own motion to form such district\nand to authorize the proposed work as though petitions therefor had been\nfiled as provided in sections 15-1911 and 15-1913 or 15-1931. It may\nnegotiate with the federal government, investigate the proposed\ndistrict, study such plans of and reports on the proposed improvement as\nit may find to be available and shall prepare a written report thereon\ndescribing the proposed district, the proposed work, the fixation of the\ndistrict boundaries, giving estimates of the cost of the various parts\nof the work which may be a charge against the state or the property\nowners in the district and including a determination of enhancements and\nan apportionment of costs of such a project. Such report shall be filed\nand notice of such filing and of a hearing thereon given as provided in\nsections 15-0903, 15-1913 and 15-1931.\n  2. After the final hearing the department shall determine whether it\nis to the public interest to form the district and to proceed with the\nwork and, in general terms, what lands will be benefited thereby. These\nmatters shall be embodied in a written order, which shall, if the action\nis favorable, form the district, authorize entry into agreements with\nagencies of the federal government and the doing of whatever is needful\nto carry out the project, all as elsewhere specified in title 19 of this\narticle.  Certified copies of the determination and order shall be filed\nand notice of such filing given. Thereupon such determination may be\nreviewed as provided by section 15-0905, except that the proceedings for\nsuch review must be initiated not later than ten days after such\nfilings; otherwise such determination shall be considered final and\nconclusive and in due course it shall be recorded. The district shall be\nheld to have been formed on the date of such final order, but such\nformation shall not be effective until such order shall have been\nrecorded.\n
N.Y. ENV Law § 71-1929 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1929
Violations; civil liability
Status: in_force

§ 71-1929. Violations; civil liability.\n  1. A person who violates any of the provisions of, or who fails to\nperform any duty imposed by titles 1 through 11 inclusive and title 19\nof article 17, or the rules, regulations, orders or determinations of\nthe commissioner promulgated thereto or the terms of any permit issued\nthereunder, shall be liable to a penalty of not to exceed thirty-seven\nthousand five hundred dollars per day for each violation, and, in\naddition thereto, such person may be enjoined from continuing such\nviolation as hereinafter provided. Violation of a permit condition shall\nconstitute grounds for revocation of such permit, which revocation may\nbe accomplished either as provided in paragraph f of subdivision 4 of\nsection 17-0303 or by order of judgment of the supreme court as an\nalternate or additional civil penalty in an action brought pursuant to\nsubdivision 3 of this section.\n  2. Any penalties for violations of titles 1 through 11 inclusive and\ntitle 19 of article 17 resulting in the killing of fish or shellfish,\nshall be credited to the conservation fund established by section 83 of\nthe State Finance Law and shall be available for the uses and purposes\nof such fund.\n  3. The penalties provided by subdivisions one and two shall be\nrecoverable in an action brought by the Attorney General.\n  4. An action or cause of action for the recovery of a penalty under\nthis title may be settled or compromised by the Attorney General after\nproceedings are brought to recover such penalties and prior to the entry\nfor judgment therefor.\n
N.Y. ENV Law § 15-1927 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1927
Proceedings on general apportionment of costs and final fixation of boundaries
Status: in_force

§ 15-1927. Proceedings on general apportionment of costs and final\n             fixation of boundaries.\n  1. The department shall prepare and sign a statement of the general\napportionment of cost and shall file it together with the maps, reports\nand estimates on which it was based and shall give notice of a hearing\nthereon. At the hearing the department shall consider and hear\nobjections to the various matters covered by sections 15-1923 and\n15-1925.\n  2. After the hearing the department shall make such revisions as it\nmay find to be proper, shall adopt the maps, plans, estimates,\nboundaries and general apportionment in final form, shall file such\npapers and give notice of such filing. Such general apportionment in\nfinal form shall include an order fixing the final boundaries of the\ndistrict. Thereupon these matters may be reviewed as provided by section\n15-0905 and, if not so reviewed within sixty days after date of filing,\nsuch apportionment shall be final and conclusive and shall be recorded\ntogether with the final statement of drainage enhancements. Thereafter\nsuch apportionment in final form and the boundaries of the district\nshall be fixed and determined. At the same time or as a separate\nproceeding the apportionment of the cost of older drainage work may be\nconsidered, heard, reviewed and recorded in like manner.\n  3. Thereafter all costs incurred by the department for surveys and all\nproceedings necessary for and including final fixation of boundaries of\nthe district shall be apportioned on all parcels of land included in\nsuch district in proportion to the areas of such parcels of land and\nshall be collected on one assessment roll. Should the proceedings\nnecessary for and including final fixation of boundaries of a district\nfor any reason be abandoned or discontinued such costs shall,\nnotwithstanding such action, be assessed on and collected from the lands\nwithin the boundaries of the district as fixed at the time of such\nabandonment or discontinuance as herein provided.\n
N.Y. ENV Law § 27-1915 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1915
Use of waste tire management and recycling fee funds
Status: in_force

§ 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\npurposes:\n  1. costs of the department for the following:\n  (a) first-year costs:\n  (i) enumeration and assessment of noncompliant waste tire stockpiles;\nand\n  (ii) aerial reconnaissance to locate, survey and characterize sites\nenvironmentally, for remote sensing, special analysis and scanning;\n  (b) abatement of noncompliant waste tire stockpiles;\n  (c) administration and enforcement of the requirements of this\narticle, exclusive of titles thirteen and fourteen; and\n  (d) conducting an updated market analysis of outlets for waste tire\nutilization including recycling and energy recovery opportunities, which\nshall not include the incineration of waste tires.\n  2. costs of the department of economic development for the following:\n  (a) conducting an updated market analysis of outlets for waste tire\nutilization including recycling and energy recovery opportunities;\n  (b) establishment of a program to provide funds to businesses to\ndevelop technology that leads to increased markets for waste tires;\n  (c) funding of demonstration projects, including, but not limited to,\nreuse in agricultural settings; and\n  (d) administration of requirements of this section.\n  3. costs of the department of transportation for the following:\n  (a) funding of demonstration and other projects for road base, paving\nand other civil engineering uses; and\n  (b) administration of requirements of this section.\n  4. costs of the New York state thruway authority for the following:\n  (a) funding of demonstration and other projects for road base, paving\nand other civil engineering uses; and\n  (b) administration of requirements of this section.\n  5. costs of the New York state energy research and development\nauthority for the following:\n  (a) funding research projects which will enhance sustainable waste\ntire recycling activities; and\n  (b) administration of requirements of this section.\n  6. costs of the department of health for the following:\n  (a) recommendations to protect public health;\n  (b) administration of requirements of this section; and\n  (c) prevention or control of on-site populations of vectors, as\ndefined in subdivision ten of section 27-2301 of this article, using\ntechniques appropriate for protection of human health and the\nenvironment to prevent the site from being a vector breeding area.\n  Any funds not used for a given year shall be returned to the fund and\nbe added to the total funds available for disbursement in the succeeding\nyear.\n
N.Y. ENV Law § 15-1903 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1903
General provisions and definitions
Status: in_force

§ 15-1903. General provisions and definitions.\n  The following words and phrases used in this title 19, when not\notherwise specified, are defined or indicate procedure, as follows:\n  1. Filing. Wherever it is required that copies of maps and documents\nbe filed, certified copies thereof shall be filed in the offices of the\nclerks of each county, town, city or incorporated village, any part of\nwhich is included in the district or proposed district.\n  2. Recorded. Whenever it is required that any document be recorded,\nthe department shall send a certified copy thereof to the clerk of each\ncounty, any part of which is included in the district or proposed\ndistrict, and it shall be the duty of such clerk thereupon to record\nsuch document and to collect the legal fees therefor.\n  3. Costs. Whenever it is practicable so to do, the department shall\ninclude in the cost of any surveys, maps, estimates, determinations of\nenhancements, apportionments of cost or assessments made, or\nconstruction, maintenance or repair work carried out, the cost of all\nproceedings, hearings, notifications, filings, recordings, engineering,\nlegal and other services and expenses which may lawfully be incurred,\nincluding the cost of acquisition of lands and rights of way, suits and\nprosecutions.\n  4. Notice. Unless otherwise specified, notice of a hearing,\ncontemplated act or of an act performed shall be given as provided in\nsection 15-0903.\n  5. Assessment. As used in title 19 of this article the term assessment\nshall mean the whole or any appropriate part of the procedure by which\nthe cost of any proceeding or construction project is made a legal\ncharge on certain properties. It may include the determination of\nenhancements and apportionment of construction and other costs. It\nincludes similar proceedings once specified in earlier forms of title 19\nof this article, or in former or other general and special laws with\nregard to drainage.\n  6. Initiation of proceedings. It is the intent of title 19 of this\narticle that petition may be made to the department to make any survey\nor investigation or do any work that may fall under the purposes of\ntitle 19 of this article notwithstanding the special provisions hereof\nand that, if it is advisable or advantageous so to do, more than one\nprocedure may be carried on at the same time or may be followed out with\nrespect to a part rather than the whole of the district. Should such\npetition not fully conform as to subject matter with the following\nsections, the department is empowered nevertheless to give the relief\ndesired by following the specified procedure as nearly as may be and to\nassess the cost of such investigations or work on the properties\nsurveyed, investigated, appraised, included in an apportionment or\nimproved in such manner as may be found most equitable and to conform\nmost nearly with the specific provisions of title 19 of this article.\nAny procedure under this title 19 which may be initiated by petition may\nalso be initiated by the department on its own motion. In such case the\ndepartment shall adopt an initiating resolution which shall have the\nsame force and effect as a petition.\n  7. Served by. A parcel of land is served by any ditch or structure\nuseful for the drainage thereof. Thus any ditch which actually drains\nthe parcel or which intercepts and carries away water which otherwise\nwould reach the parcel, or any ditches which carry water collected by\nsuch drainage or intercepting ditches serve such parcel.\n
N.Y. ENV Law § 11-1905 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1905
Breeding of domestic game animals
Status: in_force

§ 11-1905. Breeding of domestic game animals.\n  1. The department may, in its discretion, issue to an owner or lessee\nof wholly enclosed lands or an entire island a domestic game animal\nbreeder's license permitting him to possess and propagate domestic game\nanimals provided such animals are confined and cared for according to\nspecifications and regulations which the department, by order, shall\nadopt. The license shall expire on March 31 every fifth year. The\ndepartment shall prescribe and furnish forms for application for such\nlicense. Applicants shall pay, and the department shall be entitled to\nreceive, fees in accordance with the type of license issued.\n  a. Class A license, two hundred dollars. This license shall allow the\nholder thereof to purchase, possess, propagate, transport and sell\ndomestic game animals dead or alive.\n  b. Class B license, forty dollars. This license shall allow the holder\nthereof to purchase, possess and propagate domestic game animals for his\nown use. No animals may be sold, exchanged or given away except that\nportions of the carcass may be given away provided they are packaged and\nthe package bears the name and license number of the licensee.\n  2. The department may revoke the license of any licensee convicted of\na violation of this section, and no license shall be issued to him for\nthe ensuing two years.\n  3. Only domestic game animals legally propagated or acquired shall be\npossessed under these licenses.\n  4. On the premises described in the application for the license, the\nlicensee may kill domestic game animals at any time and in any manner\nand, with the consent of the licensee, any person may take domestic game\nanimals by shooting at any time.\n  5. The holder of a domestic game animal breeder's license shall keep\nrecords and make reports as required by and upon forms furnished by the\ndepartment. The reports shall be subscribed by the licensee, and shall\ncontain an affirmation that the statements therein are made subject to\nthe penalties of perjury. The records shall be continuous and shall be\nkept on the licensed premises, and the licensee shall allow any\nrepresentative of the department to enter the premises to inspect his\noperations and records. Records must be retained for a period of three\nyears.\n  6. Domestic game animal carcasses and parts shall be identified as\nrequired by section 11-1721 of this article.\n
N.Y. ENV Law § 11-1906 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1906
On-line shoots prohibited
Status: in_force

§ 11-1906. On-line shoots prohibited.\n  1. No person, firm, corporation, partnership, limited liability\ncompany, association or other business entity shall:\n  a. own or operate a shooting range or gallery located in this state\nfor purposes of the on-line shooting or spearing of targets or animals;\nor\n  b. create, maintain or utilize a website via the internet, or a\nservice or business via any other means, from any location within this\nstate for purposes of the on-line shooting or spearing of targets or\nanimals.\n  2. For purposes of this section:\n  a. "on-line shooting or spearing" shall mean the firing of a hunting\ninstrument from a remote location by using a computer, a website via the\ninternet or a service or business via any other means, and any\ncombination of cameras, viewers and sites, or any other devices or\ncontrols, to operate such hunting instrument, regardless of whether such\noperation is live-action, in real-time or delayed;\n  b. "hunting instrument" shall mean any type of firearm, bow and arrow\nor mechanically propelled single or multiple pronged pike, blade, or\nharpoon;\n  c. "shooting" shall mean the discharge of any type of firearm or bow\nand arrow;\n  d. "spearing" shall mean the use of any mechanically propelled single\nor multiple pronged pike, blade, or harpoon; and\n  e. "shooting range or gallery" shall mean any place equipped with\ntargets, animals or both, where a hunting instrument is fired.\n
N.Y. ENV Law § 71-1937 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1937
Jurisdiction of courts in criminal cases
Status: in_force

§ 71-1937. Jurisdiction of courts in criminal cases.\n  County courts shall have, in the first instance, jurisdiction of\nfelonies committed under titles 1 through 11 inclusive and title 19 of\narticle 17 and sections 71-1929 through 71-1939 of this article. Subject\nto the power of removal provided in the Criminal Procedure Law, police\ncourts shall have, in the first instance, concurrent jurisdiction of\nmisdemeanors committed under titles 1 through 11 inclusive and title 19\nof article 17 and sections 71-1929 through 71-1939 of this article. An\naction before a justice of the peace shall be brought in the town in\nwhich the offense was committed or an adjoining town and an action\nbefore a county court shall be brought in the county in which the\noffense was committed. A warrant shall be returnable before the\nmagistrate or county judge issuing the same.\n
N.Y. ENV Law § 15-1969 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1969
Continuation of district
Status: in_force

§ 15-1969. Continuation of district.\n  Except for such projects as may be carried out by the federal\ngovernment, any district formed under the provisions of section 15-1963\nshall thereafter continue as a drainage improvement district, as though\nformed under the provisions of section 15-1915.\n
N.Y. ENV Law § 71-1923 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1923
Enforcement of section 17-1735
Status: in_force

§ 71-1923. Enforcement of section 17-1735.\n  Upon receipt of a report from a local board of health under\nsubdivision 2 of section 17-1735 the commissioner shall investigate the\nmatter immediately and shall hold a hearing and give the person or\npersons charged with such violation or noncompliance an opportunity to\npresent evidence on his or their behalf, and upon ascertaining that a\nviolation or noncompliance exists, he may bring an action in the name of\nthe people of the state in a court of record against the person or\npersons responsible for the violation or noncompliance for the recovery\nof the penalties incurred and for an injunction against the continuation\nof the violation or noncompliance.\n
N.Y. ENV Law § 9-1909 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1909
Attorney general to file suit
Status: in_force

§ 9-1909. Attorney general to file suit.\n  The attorney general, within twenty-four months of either a person's\nfailure to comply with the requirements of subdivision two of section\n9-1907 of this title with respect to a particular disputed parcel, a\nperson's filing of a notice of nonparticipation pursuant to paragraph b\nof subdivision two of section 9-1907 of this title with respect to a\nparticular disputed parcel, a person's failure to make the required\nconveyance required by subdivision four of section 9-1907 of this title\nwith respect to a particular disputed parcel, or a person's failure to\nmake the required payment required by subdivisions four and five of\nsection 9-1907 of this title with respect to a particular disputed\nparcel, shall commence an action in a court of competent jurisdiction\npursuant to the real property actions and proceedings law to determine\ntitle to such parcel. Nothing contained in this title shall be\napplicable to such action. Failure by the attorney general to commence\nsuch action within such time frame shall not subsequently prevent the\nattorney general from commencing such an action or create a presumption\nagainst the state's claim of title.\n
N.Y. PBA Law § 2477 — New York Code / Act PBA / Article 8 / Title 19 / Section 2477
Agreement of the state
Status: in_force

* § 2477. Agreement of the state. The state of New York does hereby\npledge to and agree with the holders of any bonds or notes issued under\nthis title that the state will not limit or alter the rights hereby\nvested in the authority to fulfill the terms of any agreements made with\nthe holders thereof, or in any way impair the rights and remedies of\nsuch holders until such bonds or notes together with the interest\nthereon, with interest on any unpaid installments of interest, and all\ncosts and expenses in connection with any action or proceedings by or on\nbehalf of such holders, are fully met and discharged. The authority is\nauthorized to include this pledge and agreement of the state in any\nagreement with the holders of such bonds or notes.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 27-1911 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1911
Prohibition on land burial
Status: in_force

§ 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 unless the department has\ndetermined that it is not feasible to convert the waste tires to a\nbeneficial use. Department-approved beneficial uses of\nscrap-tire-derived material for leachate collection systems, or gas\ncollection systems in the construction or operation of a landfill are\nnot considered disposal.\n
N.Y. PBA Law § 2475 — New York Code / Act PBA / Article 8 / Title 19 / Section 2475
Remedies of bondholders and noteholders
Status: in_force

* § 2475. Remedies of bondholders and noteholders. 1. In the event\nthat the authority shall default in the payment of principal or of\ninterest on any issue of bonds or notes after the same shall become due,\nwhether at maturity or upon call for redemption, and such default shall\ncontinue for a period of thirty days, or in the event that the authority\nshall fail or refuse to comply with the provisions of this title, or\nshall default in any agreement made with the holders of any issue of\nbonds or notes, the holders of twenty-five per centum in aggregate\nprincipal amount of the bonds or notes of such issue then outstanding,\nby instrument or instruments filed in the office of the clerk of the\ncounty in which the principal office of the authority is located, and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds or notes for\nthe purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds or notes then\noutstanding shall, in his or its own name:\n  (a) enforce all rights of the bondholders or noteholders, including\nthe right to require the authority to collect interest and principal\npayments on the bonds held by it adequate to carry out any agreement as\nto, or pledge of, such interest and principal payments, and to require\nthe authority to carry out any other agreements with the holders of such\nbonds or notes and to perform its duties under this title.\n  (b) bring suit upon such bonds or notes.\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such bonds or notes.\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such bonds or notes.\n  (e) declare all such bonds or notes due and payable and if all\ndefaults shall be made good then with the consent of the holders of\ntwenty-five per centum of the principal amount of such bonds or notes\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. Before declaring the principal of bonds or notes due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the authority and to the attorney general of the state.\n  5. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders or noteholders. The\nvenue of any such suit, action, or proceeding shall be laid in the\ncounty in which the principal office of the authority is located.\n  * NB (Disbanded March, 1980)\n