N.Y. ENV Law § 9-1907 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1907
Process for clearing title
Status: in_force

§ 9-1907. Process for clearing title.\n  1. Within thirty days of the effective date of this section, the\ndepartment shall submit a written request to the county tax assessor for\na certified list, to be prepared from the most current tax roll, of the\nnames and addresses of all persons who claim title to the disputed\nparcels listed in section 9-1905 of this title. The assessor shall\nprepare such a list within seven days after receiving the department's\nrequest, and include on the list the names and addresses of all persons\non the most current tax roll and the names and addresses of all persons\nwho, not less than seven days prior to the date on which the assessor\nreceived the department's request, notified the assessor that they claim\ntitle to a disputed parcel. The department shall be entitled to rely\nupon the information contained in the certified list, and failure by the\ndepartment to give notice to any person claiming title who is not\nincluded on the list or is not at the address included on the list shall\nnot invalidate any proceeding or actions authorized by this title.\nWithin thirty days after receipt of the certified list from the\nassessor, the department shall send, by first class mail, a letter to\neach person included on the list, informing the person that a\nconstitutional amendment has been adopted and legislation enacted that\nauthorizes a resolution of title issues on disputed parcels in township\nforty, including the disputed parcel to which the person claims\nownership rights. The department shall send a separate letter to each\nperson claiming title to each disputed parcel. Such letter shall\ndescribe the process for resolving title set forth in this title and\nstate that, until such time as the state is estopped from asserting its\nclaim of title to the disputed parcel pursuant to subdivision seven of\nthis section, any person claiming title to the disputed parcel shall\nassume all the risk with respect to subdividing or adding new structures\nor improvements to the disputed parcel. The department shall provide a\ncopy of each such letter to the attorney general. The department shall\nalso, within thirty days after receipt of the list from the assessor,\npublish written notice of the process to clear title, including a list\nby tax lot number of the parcels listed in section 9-1905 of this title,\nin the state register, the environmental notice bulletin and a newspaper\nof general circulation in township forty.\n  2. Within ninety days of the receipt of the department's letter,\npursuant to subdivision one of this section, for each disputed parcel, a\nperson shall provide to the department, with copies to the office of the\nattorney general and the town, a separate notarized statement as set\nforth in section 9-1915 of this title, notifying the department either:\n  a. that he or she will participate in the process set forth in this\ntitle to resolve title to the disputed parcel or parcels, and, if so,\nwhether he or she intends to provide as a gift to the state a specified\nportion of a disputed parcel in fee simple without reservations for\ninclusion in the forest preserve or a conservation easement to the town\nrestricting development over all or a specified portion of a disputed\nparcel, with a secondary right of enforcement in the state; or\n  b. that he or she declines to participate in the process established\nby this title to resolve title to disputed parcels.\n  3. With respect to a parcel or conservation easement which the person\nintends to provide as a gift to the state or the town, respectively, as\nspecified in paragraph a of subdivision two of this section, the town\nshall provide the person with an assessed value of the proposed\nconveyance, with a copy to the department, within one hundred twenty\ndays of the town's receipt of a copy of the notification concerning such\ngift.\n  4. Within twelve months of the date of the letters sent by the\ndepartment pursuant to subdivision one of this section, all persons who\nare participating in the process set forth in this title to resolve\ntitle to disputed parcels shall convey to the state any land which such\npersons expressed an intent to so convey pursuant to paragraph a of\nsubdivision two of this section, convey to the town any conservation\neasements which such persons expressed an intent to so convey pursuant\nto paragraph a of subdivision two of this section, and make payment to\nthe town in the amount due pursuant to subdivision five of this section.\n  5. Within twelve months of the date of the letters sent by the\ndepartment pursuant to subdivision one of this section, persons\nparticipating in the process set forth in this title to resolve title to\ndisputed parcels shall pay the town an amount that approximates the\nstate's administrative costs in resolving the disputed parcels situated\nwithin township forty. The payment amount for each individual disputed\nparcel shall be the sum of: (a) a flat rate of two thousand dollars per\nparcel; and (b) an amount equal to the total assessed value of the\nparcel, including structures and improvements situated thereon, as\ndetermined by the two thousand twelve town assessment, less the assessed\nvalue of any portion of such parcel conveyed to the state in fee or any\nconservation easement conveyed to the town, pursuant to paragraph a of\nsubdivision two of this section, divided by the total assessed value of\nall disputed parcels, including structures and improvements situated\nthereon as determined by the two thousand twelve town assessment,\nmultiplied by two hundred thousand dollars. The town shall use all such\npayments to acquire land for inclusion in the forest preserve pursuant\nto subdivision six of this section.\n  6. Within eighteen months of the date of the letters sent by the\ndepartment pursuant to subdivision one of this section, the department\nshall identify lands for the town to acquire for inclusion in the forest\npreserve. Subject to legislative approval, such lands shall provide a\nnet benefit to the forest preserve as compared to the disputed parcels\nto which the state is estopped from asserting a claim pursuant to\nsubdivision seven of this section. The town shall use all payments\nacquired pursuant to subdivision five of this section for the\nacquisition of such lands. Such lands shall be conveyed from the owner\ndirectly to the state. Title to land to be conveyed to the state\npursuant to this title and the deed to the state shall be approved by\nthe attorney general, as to form and manner of execution and\nrecordability, before the deed shall be accepted on behalf of the state.\n  7. The commissioner shall cause to be prepared an accurate survey map\nshowing the boundaries of all disputed land to which the state will be\nreleasing and extinguishing its right, title and interest and record the\nsurvey map in the Hamilton county clerk's office. The commissioner shall\nalso cause legal descriptions of such boundaries to be prepared from the\nmap. Except for those parcels the title to which will be litigated\npursuant to section 9-1909 of this title, upon legislative approval of\nthe lands to be provided to the state pursuant to subdivision six of\nthis section, the completion of the conveyances to the state, and\ncertification by the commissioner that each respective person has\ncomplied with all applicable terms and conditions of this title, and\nnotwithstanding the provisions of the public lands law, the commissioner\nshall be authorized to release and extinguish all right, title and\ninterest of the state in the disputed parcels that are located within\nthese surveyed boundaries, without reservation and exception. The legal\ndescriptions shall be approved by the commissioner and incorporated into\nthe release and extinguishment document. The commissioner shall send\nnotice of the state's release and extinguishment of rights to a disputed\nparcel by separate letter to each person for each parcel of land the\ntitle to which has been settled pursuant to this title, and upon release\nand extinguishment of rights, the state shall be estopped from asserting\nany claim of title to disputed parcels based upon (a) facts or actions\nthat occurred prior to the effective date of this title, and (b) deeds,\ntax sales or other documents that predate the effective date of this\ntitle. The commissioner shall also cause to be prepared an accurate\nsurvey map, to be recorded in the county clerk's office, and a legal\ndescription from the survey map, for each individual parcel of land the\nclaimant of which has filed a notice pursuant to paragraph b of\nsubdivision two of this section or has not complied in a timely fashion\nwith the requirements of subdivisions two, four or five of this section.\nThe department shall provide a copy of such survey and legal description\nto the office of the attorney general to assist in the litigation\nrequired by section 9-1909 of this title.\n
N.Y. ENV Law § 71-1903 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1903
Enforcement of section 17-1703
Status: in_force

§ 71-1903. Enforcement of section 17-1703.\n  A violation of the provisions of section 17-1703 shall be a\nmisdemeanor.\n
N.Y. ENV Law § 71-1915 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1915
Enforcement of section 17-1715
Status: in_force

§ 71-1915. Enforcement of section 17-1715.\n  1. Any person violating any provision of section 17-1715 shall be\nguilty of a misdemeanor, and punishable by a fine of not more than five\nhundred dollars or by imprisonment for not more than one year or by both\nsuch fine and imprisonment.\n  2. It shall be the duty of the board of health of any municipality\nwhere any violation of section 17-1715 shall occur to cause the same to\nbe abated; provided that any person aggrieved by any such fall, flow or\ndischarge may also cause such abatement, by injunction or other\nappropriate action or proceeding.\n
N.Y. ENV Law § 71-1925 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1925
Penalties
Status: in_force

* § 71-1925. Penalties.\n  1. The penalty for the discharge of sewage from any public sewer\nsystem into any of the waters of the state without a duly issued permit\nfor which a permit is required by title 17 of article 17 shall be five\nhundred dollars, and a further penalty of fifty dollars per day for each\nday the violation is continued.\n  2. The penalty for the discharge of sewage from any public sewer\nsystem into any of the waters of the state without filing a report for\nwhich a report is required to be filed with the board of health of the\nmunicipality shall be fifty dollars.\n  3. The penalty for the discharge of refuse or waste matter from any\nshop, factory, mill or industrial establishment for which a permit is\nrequired by title 17 of article 17 without such permit shall be one\nhundred dollars and ten dollars per day for each day the violation is\ncontinued.\n  4. The penalty for the discharge of refuse or waste matter from any\nshop, mill, factory or industrial establishment, without filing a report\nwhere a report is required by title 17 of article 17 to be filed shall\nbe twenty-five dollars and five dollars per day for each day the\nviolation is continued.\n  5. The penalty for discharging into any of the waters of the state any\nother matter prohibited by section 17-1701 besides that specified above,\nshall be twenty-five dollars and five dollars per day for each day the\nviolation is continued.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 15-1911 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1911
Petition for formation of district
Status: in_force

§ 15-1911. Petition for formation of district.\n  1. Any three or more persons possessing swamp, bog, pond, meadow, or\nother low or wet lands or any lands in the vicinity thereof, or any\npublic corporation in which such lands are located, or in the vicinity\nof such lands, may present to the department a verified petition praying\nfor the formation of a drainage improvement district.\n  2. Such petition shall set forth:\n  a. The proposed name of such district, as the ..................\nDrainage Improvement District.\n  b. The facts showing that the swamp, bog, pond, meadow or other low or\nwet lands are a menance to the public health, safety or welfare and that\nit is necessary for the conservation of the public health, safety or\nwelfare to drain or improve such lands by the construction of such\ndrains, ditches, channels, dams, dikes or other works, through or upon\nsuch lands or through or upon the lands of others, so far as necessary\nfor any or all of such purposes.\n  c. A general description of the lands to be included in the proposed\ndistrict.\n  d. A general statement of the benefits which will inure from the\nformation of such district and the drainage of such lands.\n
N.Y. ENV Law § 23-1901 — New York Code / Act ENV / Article 23 / Title 19 / Section 23-1901
Construction of title
Status: in_force

§ 23-1901. Construction of title.\n  1. Nothing contained herein shall release a person from any obligation\nimposed by the provisions of this article or rules and regulations\npromulgated thereunder.\n  2. This title shall supersede all other laws enacted by local\ngovernments or agencies concerning the imposition of a fee relating to\ncircumstances described in this title. Nothing in the preceding sentence\nor in this title shall be construed as superseding or in any way\nlimiting the right of any local government to impose real property taxes\npursuant to the real property tax law.\n  3. Except as otherwise provided in subdivision 4 of this section, the\nfollowing owners shall not be subject to the fees imposed in this title:\n  a. The United States of America or any of its agencies or\ninstrumentalities;\n  b. The state of New York or any of its agencies; and\n  c. Local Agencies.\n  4. Agencies shall be subject to the fees imposed in this title when\nsuch agencies produce oil or gas, or engage in solution mining, for sale\nor exchange.\n
N.Y. ENV Law § 9-1901 — New York Code / Act ENV / Article 9 / Title 19 / Section 9-1901
Legislative purpose and intent
Status: in_force

§ 9-1901. Legislative purpose and intent.\n  1. During the last one hundred years, both the state and private\nparties have claimed title to identical portions of township forty,\nTotten and Crossfield Purchase, in the town of Long Lake, county of\nHamilton.  Indeed, some private parties have occupied and improved a\nnumber of such parcels to which the state claims title and, in many\ncases, both the state and private parties have paid taxes on such\nparcels. In the last several decades, the state and some private parties\nhave commenced litigation, at significant expense and with limited\nsuccess, to establish their respective claims over disputed parcels. As\na result of longstanding claims to disputed parcels, the free transfer\nof the parcels has been inhibited, thereby creating economic and social\nhardship in township forty which, in turn, has prevented both state and\nprivate parties from the full use and enjoyment of the parcels. The\nlegislature has determined that the judicial system is not an\nappropriate forum to resolve these longstanding title disputes and that\na statutory solution is required.\n  2. For these reasons and as authorized by the provisions of section\none of article fourteen of the state constitution, the legislature finds\nthat it is in the public interest to comprehensively and expeditiously\nresolve these longstanding title disputes in a manner which is fair and\nequitable. The legislature finds that it is in the best interests of the\nstate, the county of Hamilton, the town of Long Lake, and the private\nparties who claim title to portions of township forty to resolve these\ntitle disputes in a structured and efficient manner that results in\nclarification of ownership interests, enhancement of public access to\nforest preserve lands, and the quiet enjoyment of private property.\n  3. The legislature further finds that resolution of these title\ndisputes shall be accomplished in a manner that ensures the integrity of\nthe forest preserve in the Adirondack park and that results in a net\nbenefit to the forest preserve when compared to the contested parcels.\n  4. The legislature further finds that the title disputes associated\nwith township forty constitute a unique situation, found nowhere else in\nthe state, and that consequently it is equitable and appropriate for the\nstate to relinquish its claim of title to disputed parcels within the\ntownship. This relinquishment of claims to title shall not be deemed to\nset precedent for the relinquishment of claims to title with respect to\nother lands owned by the state.\n
N.Y. PBA Law § 2482 — New York Code / Act PBA / Article 8 / Title 19 / Section 2482
Limitation of liability
Status: in_force

* § 2482. Limitation of liability. Neither the members of the\nauthority, nor any person or persons acting in its behalf, while acting\nwithin the scope of their authority, shall be subject to any personal\nliability resulting from carrying out any of the powers expressly given\nin this act.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 17-1907 — New York Code / Act ENV / Article 17 / Title 19 / Section 17-1907
Contracts for construction of sewer systems
Status: in_force

§ 17-1907. Contracts for construction of sewer systems.\n  1. As used in this section:\n  a. "Construction" means and includes the building, installation, or\nextension of a sewer system; the inspection and supervision thereof; the\nengineering, legal, fiscal and economic investigations; studies,\nsurveys, designs, plans, contract drawings, specifications, procedures;\nand other actions necessary thereto.\n  b. "Sewer system" means and includes pipe lines or conduits, pumping\nstations, force mains, and all other constructions, devices, and\nappliances appurtenant thereto, used for conducting sewage (the\nwater-carried human, animal or other treatable wastes from residences,\nbuildings, industrial and commercial establishments or other places) to\na point of connection to the sewage treatment works as defined in\nsection 17-1903.\n  c. "Sewer connection" means and includes a point of connection between\na building, residence or other structure and a public sewer.\n  d. "Residence" means and includes a building or structure which is\noccupied principally as the home of one or more persons; provided,\nhowever, that such building or structure contain not more than two\ndwelling units.\n  e. "Municipality" means and includes any county, town, village,\ndistrict corporation, county or town improvement district, or any two or\nmore of the foregoing which are acting jointly in connection with an\neligible project. For purposes of this section only, an Indian\nreservation located partly or wholly within New York State shall be\nconstrued as a "municipality".\n  f. "Local governing body" means and includes (1) in a county, the\ncounty legislative body (2) in a town, the town board; (3) in a village,\nthe board of trustees; (4) in a district corporation or an improvement\ndistrict, the governing board; (5) in an Indian reservation, the proper\ntribal officials.\n  g. "Federal assistance" means and includes funds available, other than\nby loan, from the federal government to a municipality, either directly\nor through allocation by the state, for construction of a sewer system\nor which are used for such construction, pursuant to any other federal\nlaw or program.\n  i. "Project" means the construction of the whole or connected portion\nof a sewage collection system. Where the construction of a sewage\ncollection system is phased over a period of years, each phase may be\nconsidered as a project.\n  j. "Eligible project" means a project which in the judgment of the\ncommissioner meets all of the following requirements:\n  (1) It is in accord with applicable comprehensive studies and reports\nmade pursuant to section 17-1901 of this article;\n  (2) It conforms with applicable rules and regulations of the\ncommissioner and, in his opinion, reflects a reasonable effort to\ndevelop maximum economy in planning, design and construction, with an\nacceptable ratio between costs and benefits;\n  (3) It is necessary for the accomplishment of the state water\npollution control program;\n  (4) It is under construction in the period between April 1, 1965 and\nMarch 31, 1977;\n  (5) No portion of the project aided herein is eligible to receive\nassistance pursuant to section 17-1903;\n  (6) It serves inhabited residences in existence prior to the effective\ndate of this law;\n  (7) It serves the public by providing for the collection of sewage\n(house connections and pipes collecting exclusively industrial,\ncommercial and other nonresidential waste are ineligible);\n  (8) The project or major part thereof is, at the time of construction,\nlocated in: (a) a town which has a total population of seventeen\nthousand or less persons, or (b) a town outside of village area which\nhas a population density per square mile of less than one hundred\npersons.\n  k. "Capital cost" means the actual cost of construction of an eligible\nproject, not to include the cost of securing financing or interest on\nfunds borrowed to finance such construction, and representing that part\nof the cost of the eligible project that is not paid by the federal\ngovernment.\n  l. "Annual debt service" means such amounts as shall be required to be\npaid annually to amortize obligations (both principal and interest)\nissued in order to finance the capital cost of an eligible project;\nprovided, however, that for the purposes of state aid, such annual debt\nservice shall be computed on a debt amortization schedule of not less\nthan thirty years nor more than forty years, as the commissioner shall\ndetermine, and shall not include any other debt service (whether\nprincipal or interest) on obligations of or on behalf of a municipality,\nother capital costs, or expenditures for the purpose as to which state\nreimbursement is claimed under any provision of law other than this\nsection. Where the eligible portion of the sewage collection system\nserves non-residential users as well as residences, the amount of annual\ndebt service to be used in computing state aid shall be reduced as\ndetermined by the commissioner, to compensate for the benefits received\nby the nonresidential users from such system.\n  m. "State aid" means financial support made available to a\nmunicipality by way of state participation in annual debt service,\nthrough contracts entered into between the commissioner and the\nmunicipality, upon such terms and conditions as the commissioner shall\ndeem appropriate, which shall be based on the number of residences\nserved by the eligible project and computed as follows:\n  (1) The amount of annual debt service, as defined above, minus the\nmunicipality's share of the expense for construction of the sewage\ncollection system.\n  (2) The municipality's share shall be the product of the number of\nresidential sewer connections served by the project multiplied by an\nadjusted rate. The adjusted rate shall be determined by applying a\nvaluation correction from the sum of one hundred twenty-five dollars.\n  (3) Valuation correction shall consist of minus one dollar for each\none thousand dollars or part thereof that the project area per capita\nfull value is less than the average per capita full value for the state\nexcluding all cities. For projects wholly located within a village or\ntown the project area per capita full value shall be the per capita full\nvalue for the village, or for the town outside of village area,\nrespectively.  For other projects, per capita full value shall be per\ncapita full value of the town or village within which the major portion\nof the project is located. Per capita full value shall mean the full\nvalue of such municipality or area divided by the population thereof.\n  The amount of such state aid shall be recomputed each year, on the\nbasis of data reported by the local governing body as accepted by the\ncommissioner. State aid shall commence in the state fiscal year\nbeginning April 1, l971. No state-aid payments shall be made on the\nbasis of any portion of the debt service of eligible projects which was\ndue and payable prior to April 1, 1971.\n  2. For the purpose of meeting the state responsibility as provided\nherein, with respect to the protection and promotion of the health of\nthe inhabitants of the state by the provision of sewer systems, the\ncommissioner, in the name of the state, may enter into contracts with\nmunicipalities having power to construct, operate and maintain sewer\nsystems, and any such municipality may enter into a contract with the\ncommissioner concerning eligible projects. Any such contract may include\nsuch provisions as may be agreed upon by the parties thereto, and shall\ninclude, in substance, the following provisions:\n  a. The cost of the eligible project as determined by the commissioner.\n  b. The method by which the eligible project shall be financed.\n  c. An agreement between the commissioner and the municipality to\nprovide state aid to the municipality each year, during the progress of\nconstruction or following completion of construction as may be agreed\nupon by the parties.\n  d. An agreement by the municipality\n  (1) To proceed expeditiously with, and complete, the project in\naccordance with plans approved pursuant to section 17-0701 of this\narticle;\n  (2) To commence operation of the sewer system on completion of the\nproject, and not to discontinue operation of the sewer system without\nthe approval of the commissioner,\n  (3) To operate and maintain the sewer system in accordance with\napplicable provisions of this article, the state sanitary code and rules\nand regulations of the commissioner,\n  (4) To apply for and make reasonable efforts to secure federal\nassistance for the project,\n  (5) To secure the approval of the commissioner before applying for\nfederal assistance, in order to maximize the amounts of such assistance\nreceived or to be received for all projects in New York state,\n  (6) To provide for the payment of the municipality's share of the cost\nof the project,\n  (7) To execute a contract or agreement with the owner of the sewage\ntreatment plant, if other than the municipality itself, to accept sewage\nfrom the sewage collection system aided under this section, and\n  (8) To promulgate a municipal sewage use ordinance acceptable to the\ncommissioner.\n  e. A provision that, in the event that federal assistance which was\nnot included in the calculation of the capital cost becomes available to\nthe municipality, the amount of the state payment shall be recalculated\nby deducting the amount of such federal assistance from the eligible\ncapital cost, and adjustment shall be made either (1) by the\nmunicipality paying to the state the amount by which the state payments\nactually made exceed the state payments determined by the recalculation\nor, (2) by deducting the excess paid from subsequent payments to be made\nby the state.\n  3. The commissioner may adopt rules and regulations pursuant to\nsubdivision 3 of section 17-0303 of this article governing the making\nand enforcing of contracts pursuant to this section.\n  4. All contracts entered into pursuant to this section shall be\nsubject to approval by the state comptroller, and by the attorney\ngeneral as to form. All payments by the state pursuant to such contracts\nshall be made after audit by and upon the warrant of the comptroller on\nvouchers approved by the commissioner.\n  5. In connection with each contract concerning an eligible project the\ncommissioner shall keep adequate records of the amount of the payment by\nthe state pursuant to subparagraph c of subdivision two of this section,\nand of the amount of federal assistance received by the municipality.\n
N.Y. ENV Law § 71-1919 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1919
Actions by municipalities to prevent discharge of sewage into waters
Status: in_force

§ 71-1919. Actions by municipalities to prevent discharge of sewage into\n             waters.\n  1. Any incorporated city or village in the state of New York, which\nhas made such provision for the disposal of its sewage as not to pollute\nor contaminate therewith any river, stream, lake or other body of water,\nmay have and maintain an action in the Supreme Court to prevent the\ndischarge of any sewage or substance deleterious to health, or which\nshall injure the potable qualities of the water in any river, stream,\nlake or other body of water, from which such incorporated city or\nvillage shall take or receive its water supply, provided, that such\nriver, stream, lake or other body of water is wholly, or in part, within\nthe boundaries of the county in which such plaintiff is located.\n  2. Whenever action shall be brought under the provisions of this\nsection, it shall be the duty of the Supreme Court upon proof of the\nexistence of facts justifying the bringing and maintenance of such\naction under the provisions of this section to render a judgment in\nwhich shall be incorporated a mandatory injunction requiring the person,\nbody, board, corporation, municipality, village, county or town, being a\ndefendant to said action which directly or indirectly, or by its\nservants, agents or officers shall discharge or dispose of its sewage,\nor any other substance deleterious to health or which shall injure the\npotable qualities of the water in such wise as that the same shall enter\ninto any river, stream, lake or other body of water, from which such\nplaintiff shall take or receive its water supply, within such reasonable\ntime as may be prescribed by the court, to take such action as shall\nprevent such discharge or the disposal of such sewage or other substance\ninto such waters, or the pollution thereof, with such further directions\nin the premises as may be proper and desirable to effect such purpose,\nprovided that such river, stream, lake or other body of water is wholly,\nor in part, within the boundaries of the county in which such plaintiff\nis located.\n
N.Y. ENV Law § 17-1909 — New York Code / Act ENV / Article 17 / Title 19 / Section 17-1909
Water pollution control revolving fund agreements
Status: in_force

§ 17-1909. Water pollution control revolving fund agreements.\n  1. As used in this section:\n  a. "Allocation" means the amount of moneys allocated to reduce a\nmunicipality's or group of municipalities' total financing costs for one\nor more eligible projects.\n  b. "Construction" means the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of an\neligible project; the inspection and supervision thereof; and the\nengineering, architectural, legal, fiscal, and economic investigations\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures, and other actions necessary thereto.\n  c. "Corporation" means the New York state environmental facilities\ncorporation, continued pursuant to section twelve hundred eighty-two of\nthe public authorities law, or any successor thereto.\n  d. "Eligible project" means a project for construction of a facility\nwhich would be eligible for financing under the Federal Water Pollution\nControl Act:\n  (i) for which all required federal and state permits have been issued;\nand\n  (ii) which the commissioner has determined:\n  (a) is in accord with applicable comprehensive studies and reports\nmade pursuant to sections 17-0303 and 17-1901 of this article; and\n  (b) is necessary for the accomplishment of the state water pollution\ncontrol program formulated pursuant to sections 17-0303 and 17-1901 of\nthis article; and\n  (c) represents a reasonable effort to develop economic viability in\nplanning, design and construction; and\n  (d) is a project for which financial assistance is available from the\nfund; and\n  (e) conforms with applicable rules and regulations of the department,\nincluding a demonstration that design and construction consider future\nphysical climate risk due to sea level rise, and/or storm surges and/or\nflooding, based on available data predicting the likelihood of future\nextreme weather events, including hazard risk analysis data if\napplicable; and\n  (f) includes consideration of county-wide or regional wastewater\nplanning.\n  e. "Financial assistance to a municipality" has the same meaning as\nset forth in subdivision four of section twelve hundred eighty-five-j of\nthe public authorities law.\n  f. "Fund" means the water pollution control revolving fund established\nunder section twelve hundred eighty-five-j of the public authorities\nlaw.\n  g. "Intended use plan" means the plan prepared pursuant to subdivision\ntwo of this section, identifying the intended uses of the amounts\navailable in the fund, including but not limited to: (i) a list of those\nprojects for construction of publicly owned treatment works on the\npriority list developed pursuant to subdivision two of this section;\n(ii) a list of projects developed pursuant to subdivision two of this\nsection anticipated to be financed by the fund through the water\npollution control linked deposit program; (iii) a description of the\nshort and long term goals and objectives of the fund; (iv) information\non the activities to be supported, including a description of project\ncategories, discharge requirements under the Federal Water Pollution\nControl Act, terms of financial assistance, and eligible borrowers\npursuant to the water pollution control linked deposit program served;\n(v) the criteria and method established for the distribution of funds;\nand (vi) the amount of moneys from the fund, not to exceed ten million\ndollars annually, to be made available for linked loans under the water\npollution control linked deposit program during the period covered by\nsuch intended use plan.\n  h. "Municipality" means any county, city, town, village, district\ncorporation, county or town improvement district, school district,\nIndian reservation wholly within New York state, any public benefit\ncorporation or public authority established pursuant to the laws of New\nYork or any agency of New York state which is empowered to construct and\noperate an eligible project, or any two or more of the foregoing which\nare acting jointly in connection with an eligible project.\n  i. "Project financing agreement" means an agreement between the\ncorporation and one or more municipalities meeting the requirements of\nsubdivision four of this section.\n  2. The commissioner is required to establish and maintain a list of\npotentially eligible projects and shall establish, pursuant to rules and\nregulations, a process for listing potentially eligible projects\nidentified by municipalities and eligible borrowers pursuant to article\nsixteen of the state finance law and a priority ranking system for the\npurpose of providing financial assistance to municipalities and eligible\nborrowers for such projects under this section. In establishing such\nsystem, the commissioner shall take into account:\n  a. The environmental significance of such potentially eligible\nprojects which shall include, but need not be limited to, an assessment\nof (i) public health and safety; (ii) protection of environmental\nresources; (iii) population affected; (iv) attainment of state water\nquality goals and standards; (v) compliance with state and federal law,\nrules and regulations; and (vi) the extent to which such projects\nreflect county-wide or regional wastewater planning;\n  b. A municipality's inability as determined by the corporation to pay\nfor such potentially eligible project prior to receipt of such financial\nassistance;\n  c. The regional distribution of environmentally significant projects;\n  d. For agricultural projects funded through the water pollution\ncontrol linked deposit program, in consultation with the commissioner of\nagriculture and markets, the extent to which the project will reduce,\nabate, control, or prevent non-point source pollution originating from\nagricultural sources and/or propose to implement best management\npractices, as identified in section three of the soil and water\nconservation districts law; and\n  e. For residential and small business on-site wastewater treatment\nsystem projects funded through the water pollution control linked\ndeposit program, in consultation with the department of state, the\nextent to which the project will prevent an increase in nutrients in\nwater bodies or the extent to which the project will enhance source\nwater or watershed protection.\n  3. a. The corporation is authorized to promulgate regulations,\ndeveloped in consultation with the commissioner and the director of the\ndivision of the budget, for the purpose of carrying out its\nresponsibilities under this section, including establishing criteria and\nstandards for determining the amount of financial assistance to a\nmunicipality for an eligible project. To the extent financial assistance\nto a municipality for an eligible project is provided as a loan from the\nproceeds of bonds or notes of the corporation, the amount of an\nallocation applicable to the portion of such eligible project financed\nwith such loan shall be, subject to such maximum financial limitations\nas may otherwise be necessary and prescribed by the commissioner and the\ndirector of the division of the budget, thirty-three and one-third\npercent of the principal amount of such loan outstanding at any time for\nsuch eligible project, to the extent reasonably practicable, and subject\nto such deviation as may be necessary, in connection with the\nadministration and investment of moneys in the fund, unless allocations\nin differing amounts are necessary to preclude a determination by the\ncommissioner or the corporation pursuant to paragraph e of subdivision\neight of this section or unless an allocation in a differing amount is\nrequired for an innovative technology demonstration project; provided,\nhowever, that in the case of any municipality which has, during the\nperiod commencing on June first, nineteen hundred ninety-two and ending\non September thirtieth, two thousand twenty-seven, (i) submitted an\napplication for financial assistance in the form of such a loan for an\neligible project, which application has been accepted by the\ncorporation, (ii) closed on such loan, and (iii) commenced construction\nof such eligible project, the allocation applicable to the portion of\nsuch project financed with such loan shall be, subject to maximum\nfinancial limitations as may otherwise be necessary and prescribed by\nthe commissioner and the director of the division of the budget, fifty\npercent of the principal balance outstanding on such loan at any time\nfor such eligible project, to the extent reasonably practicable, and\nsubject to such deviation as may be necessary, in connection with the\nadministration and investment of moneys in the fund, unless allocations\nin differing amounts are necessary to preclude a determination by the\ncommissioner or the corporation pursuant to paragraph e of subdivision\neight of this section or unless an allocation in a differing amount is\nrequired for an innovative technology demonstration project.\n  b. The corporation may enter into a project financing agreement with\nup to three municipalities which provides for up to one hundred percent\nsubsidy of the interest on the amount of principal not to exceed three\nmillion dollars for the construction of innovative technology\ndemonstration projects which shall be waste water treatment facilities\nwhich utilize innovative technology approved by the commissioner as\ndefined in regulations promulgated by the United States environmental\nprotection agency in accordance with the Federal Water Pollution Control\nAct. The commissioner shall prepare criteria for selection of eligible\nprojects pursuant to this paragraph including, but not limited to, the\nuse of innovative technology which has been proven reasonably effective\non at least a demonstration model basis.\n  c. The department is authorized to promulgate regulations, developed\nin consultation with the director of the division of the budget, for the\npurpose of carrying out its responsibilities under this section.\n  4. The corporation may enter into project financing agreements with\nmunicipalities providing for the construction and financing of eligible\nprojects. The corporation shall prepare each project financing\nagreement, which shall include but is not limited to the following\nprovisions:\n  a. A description of the eligible project;\n  b. An estimate of the reasonable cost of the eligible project and a\nprojected cash flow schedule for meeting that cost;\n  c. A schedule for construction of the eligible project;\n  d. A right of the corporation to approve all contracts for services\nand construction funded pursuant to a project financing agreement, and\nto inspect and review the construction of eligible projects;\n  e. Notwithstanding the provisions of any other law, general, special\nor local, inconsistent with this section, a right of the corporation to\ninvest proceeds of the corporation's bonds or notes, including proceeds\nof bonds or notes of the municipality, as provided in subdivision four\nof section twelve hundred eighty-four and subdivision six of section\ntwelve hundred eighty-five-j of the public authorities law.\n  Such right shall include the right to invest such monies together with\nany other monies held by the corporation pursuant to the provisions of\nsection twelve hundred eighty-five-j of the public authorities law;\n  f. Remedies in the event of a municipality's failure to comply with\nthe terms of a project financing agreement;\n  g. An agreement by the corporation to:\n  (i) lend to the municipality for the construction of an eligible\nproject a specified amount from the proceeds of the corporation's bonds\nor notes, not to exceed the estimated reasonable cost of construction of\nthe eligible project established in the project financing agreement or\nany loan agreement, subject to the ability of the corporation to provide\nsuch financing, including but not limited to the approval of the\ncorporation's board and any other approvals required by state or federal\nlaw;\n  (ii) use all reasonable efforts to issue its bonds or notes in an\namount sufficient to finance the estimated reasonable cost of the\neligible project, including but not limited to costs of issuance, credit\nsupport fees, if any, trustees fees, interest during construction, and\nsuch reserve funds, if any, as may be necessary to secure such bonds or\nnotes;\n  (iii) in the alternative, provide financial assistance to the\nmunicipality for the construction of an eligible project in a specified\namount from the proceeds of any federal capitalization grant, award,\nassistance, or any state moneys appropriated to or otherwise transferred\ninto the fund, not to exceed the estimated reasonable cost of\nconstruction of the eligible project established in the project\nfinancing agreement or any loan agreement, as determined by the\ncorporation or as directed by the commissioner pursuant to subdivision\neight of this section or subdivision four of section twelve hundred\neighty-five-j of the public authorities law;\n  (iv) make reimbursements for the administrative and management costs\nof the department and the corporation in accordance with subdivisions\nfive and seven of section twelve hundred eighty-five-j of the public\nauthorities law;\n  (v) provide to the municipality, for any loan made from the proceeds\nof the corporation's bonds or notes, an interest rate subsidy allocation\nfor the eligible project in accordance with section twelve hundred\neighty-five-j of the public authorities law and this section;\n  (vi) administer any federal rebate requirement in connection with\nobligations of the corporation and of any municipality issued in\naccordance with a project financing or loan agreement;\n  h. An agreement by the municipality to:\n  (i) proceed expeditiously with and complete the eligible project in\naccordance with plans approved pursuant to titles seven and eight of\nthis article;\n  (ii) commence operation of the eligible project on completion of the\nproject, and not discontinue operation of or dispose of the eligible\nproject as long as a loan to the municipality for such project remains\noutstanding, without approval of the commissioner; provided, however,\nthat the commissioner shall not approve disposition of the eligible\nproject without the concurrent approvals, as appropriate, of the\ncorporation and the state comptroller. None of the foregoing shall limit\nthe commissioner's authority to terminate or impose conditions upon the\noperation of an eligible project pursuant to the provisions of this\nchapter and any implementing regulations thereto;\n  (iii) operate and maintain the eligible project in accordance with\napplicable requirements of federal and state law;\n  (iv) establish and maintain project accounts in accordance with the\nproject financing agreement and generally accepted government accounting\nstandards;\n  (v) establish a dedicated source of revenue (which may include a\ngeneral obligation of the municipality) providing for:\n  (a) operation and maintenance costs of the eligible project and\nequipment renewal and replacement; and\n  (b) loan repayment regardless of whether the eligible project is in\noperation;\n  (vi) permit any reviews or audits and provide assistance determined to\nbe reasonable and necessary by the department or the corporation;\n  (vii) retain public ownership of the eligible project; and\n  (viii) notwithstanding the provisions of any other law, general,\nspecial or local, inconsistent with this section, delegate to the\ncorporation the authority to invest proceeds of bonds or notes issued by\nthe corporation or the municipality on behalf of the municipality.\n  i. An agreement by the corporation to certify, subject to the\navailability of funds, payment upon submission of a satisfactory request\nfor disbursement of loan proceeds by a municipality, of an amount\nequivalent to actual construction costs incurred on or before the date\nof submission of the request for disbursement of loan proceeds, plus any\nprojected construction costs which will be incurred within ninety days\nfrom the date of submission of the request for disbursement of loan\nproceeds, less any funds already advanced;\n  j. An agreement in regard to financial assistance provided pursuant to\nparagraph (b) of subdivision four of section twelve hundred\neighty-five-j of the public authorities law, to waive programmatic\nrequirements other than those mandated by federal law and subparagraph\n(i) of paragraph d of subdivision one of this section, provided that the\nproject was in compliance with the goals and requirements of the Federal\nWater Pollution Control Act, prior to July first, nineteen hundred\neighty-eight, or was subject to an administrative or judicial order\nrequiring compliance with the goals and requirements of the Federal\nWater Pollution Control Act prior to September thirtieth, nineteen\nhundred eighty-nine; and\n  k. Such other agreements or covenants as may be required in connection\nwith the issuance by the corporation of its bonds or notes.\n  5. For the purpose of implementing the program set forth in this\nsection and section twelve hundred eighty-five-j of the public\nauthorities law, and ensuring compliance with the requirements of Title\nVI of the Federal Water Pollution Control Act, the corporation shall\nensure compliance with each project financing agreement by:\n  a. retaining the right to inspect and review work on each eligible\nproject in progress and upon completion, and determining whether such\nwork was undertaken and completed in compliance with all relevant plans\nand the terms of such project financing agreement;\n  b. retaining the right to certify or refuse to certify advances and\npayments to a municipality pursuant to a project financing agreement or\nany loan agreement executed subsequent thereto to finance an eligible\nproject;\n  c. retaining the right to certify or refuse to certify advances and\npayments to a municipality pursuant to a project financing agreement and\nany loan agreement executed subsequent thereto to finance an eligible\nproject based upon the determinations of any review or audit;\n  d. establishing remedies if work on an eligible project has not been\ncompleted in accordance with all relevant plans and the terms of such\nproject financing agreement due to factors within the municipality's\ncontrol; and\n  e. requiring a municipality to maintain project accounts with respect\nto any eligible project.\n  Nothing herein shall be construed to affect or diminish the general\nauthority of the department to inspect and review the work on any\nproject financed pursuant to this section, or to inspect the records\nrelating to such project, for the purpose of determining compliance with\nany other provisions of this chapter.\n  6. In the event the work completed pursuant to a project financing\nagreement or loan agreement is deemed not in compliance with such\nagreements, the corporation shall expeditiously notify the municipality\nof such non-compliance and indicate the reasons for such determination.\n  7. For the purpose of implementing the program set forth in this\nsection and section twelve hundred eighty-five-j of the public\nauthorities law, and ensuring compliance with the requirements of Title\nVI of the Federal Water Pollution Control Act, the department shall:\n  a. Enter into any agreement between the state of New York and the\nadministrator of the United States environmental protection agency and\ntake all other actions necessary to comply with the requirements of\nTitle VI of the Federal Water Pollution Control Act and state law,\nincluding but not limited to:\n  (i) determining a reasonable schedule for financing and construction\nof eligible projects;\n  (ii) directing the establishment of systems of records or accounts and\nsubaccounts within the water pollution control revolving fund as the\ndepartment deems necessary or desirable, and approving or disapproving\nthe establishment of such record systems or accounts and subaccounts as\nthe corporation requests for the operation of the water pollution\ncontrol revolving loan fund;\n  (iii) determining the accounts or subaccounts within the water\npollution control revolving fund which will be used as a source of\nfunding for each eligible project subject to the limitations of\nsubdivision six of this section; and\n  (iv) approving each project for qualification as an eligible project.\n  b. Arrange in consultation with the corporation for independently\nconducted reviews and audits on at least an annual basis necessary to\ncarry out the objectives of the fund.\n  c. Submit a copy of the draft intended use plan to the governor, the\ndirector of the division of the budget, the chairman of the senate\nfinance committee and the chairman of the assembly ways and means\ncommittee on or before October thirty-first, nineteen hundred\neighty-nine and annually on or before such date thereafter and submit a\ncopy of the final intended use plan to such persons upon its approval by\nthe administrator of the United States environmental protection agency.\n  8. The corporation may or, if so directed by the commissioner, the\ncorporation shall provide financial assistance to municipalities as a\nloan pursuant to paragraph (a) of subdivision four of section twelve\nhundred eighty-five-j of the public authorities law from any available\nmoneys in the fund other than the proceeds of the corporation's bonds or\nnotes or moneys needed to comply with subdivision five of section twelve\nhundred eighty-five-j of the public authorities law if and to the extent\nany of the following conditions are met:\n  a. The corporation determines that it is unable to, or that it is\nimpracticable to, finance all or a portion of the costs of an eligible\nproject from the proceeds of bonds or notes that are special obligations\nof the corporation; or\n  b. The total cost of the eligible project and related segments does\nnot exceed four million dollars where such project and related segments\nservice a municipality with a population of three thousand five hundred\nor less; or\n  c. The commissioner or the corporation determines that failure to do\nso would jeopardize the receipt or maintenance of federal capitalization\ngrant moneys, awards or assistance; or\n  d. A determination is made by the corporation that the issuance of and\nuse of the proceeds of the corporation's bonds to provide financial\nassistance to municipalities would cause the loss of the tax-exempt\nstatus of any bonds or other obligations of New York state, all or a\nportion of the proceeds of which are appropriated or otherwise\ntransferred into the fund; or\n  e. Federal capitalization grants are provided in the form of a letter\nof credit or draws under capitalization grant agreements and the\ncommissioner or the corporation determines, consistent with the purposes\nof the fund, that providing financial assistance from the proceeds of\ncorporation bonds or notes would delay receipt of moneys from the\nfederal government under the Federal Water Pollution Control Act.\n  The interest rate charged on any loan made by the corporation pursuant\nto this subdivision shall be no more than two-thirds of the market rate\nof interest otherwise applicable thereto, provided, however, that in the\ncase of any municipality which has, during the period commencing on June\nfirst, nineteen hundred ninety-two and ending on September thirtieth,\ntwo thousand twenty-seven, (i) submitted an application for financial\nassistance in the form of a loan from the corporation pursuant to this\nsubdivision, for an eligible project, which application has been\naccepted by the corporation, (ii) closed on such loan, and (iii)\ncommenced construction of such eligible project, the interest rate\ncharged on such loan shall be no more than one-half of the market rate\notherwise applicable thereto.\n  9. The contracts for the construction of eligible projects constructed\nand financed pursuant to a project financing agreement shall be subject\nto the requirements and provisions of article 15-A of the executive law\nand, for such purposes, any such contract shall be considered a "state\ncontract" and the department shall be the "contracting agency" for each\nsuch contract.\n  10. Notwithstanding the provisions of any other law, general, special\nor local, the following determinations shall be made by the corporation\nin its sole and absolute discretion:\n  (a) In connection with any application for financial assistance from\nthe fund in the form of a loan from the proceeds of bonds or notes of\nthe corporation, the determination as to whether the municipality\nreceiving such loan has qualified for an allocation of fifty percent of\nthe principal amount of such loan outstanding at any time, pursuant to\nsubdivision three of this section; and\n  (b) In connection with any application for financial assistance from\nthe fund in the form of a loan from the corporation pursuant to\nsubdivision eight of this section, where the municipality receiving such\nloan is not qualified for an interest rate of zero percent, the\ndetermination as to whether such municipality has qualified for an\ninterest rate of one-half of the market rate otherwise applicable\nthereto, pursuant to subdivision eight of this section.\n
N.Y. ENV Law § 15-1983 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1983
Drainage of agricultural lands; procedure
Status: in_force

§ 15-1983. Drainage of agricultural lands; procedure.\n  1. Any person or persons owning any swamp, bog, pond, meadow or other\nlow or wet agricultural lands within this state, or a drainage section\nassociation organized pursuant to sections 15-1973 to 15-1981, who or\nwhich shall desire to drain the same in order to increase their\nproductivity or otherwise render them more available for agricultural\npurposes and who shall deem it necessary, in order thereto, that a drain\nor drains, ditch or ditches, dike or dikes, seepage basin or basins for\nthe free passage or disposal of water should be constructed,\nreconstructed, enlarged, cleaned or maintained on lands belonging to\nothers, may acquire an easement or right to effect such purpose pursuant\nto the provisions of the eminent domain procedure law, or in lieu\nthereof, may present a petition duly verified to the department setting\nforth the following facts:\n  a. The name and residence of the petitioner or petitioners.\n  b. A map or description showing the approximate location and area of\nthe property which is to be drained.\n  c. A map or description which will show the location of such drain,\nditches, dikes and basins and the area of the lands and properties to be\noccupied thereby.\n  d. The names and places of residence of the owners of the property to\nbe so occupied; if an infant, the name and place of residence of the\nperson with whom he resides; if a person adjudged incompetent by reason\nof mental illness or other cause, the name and place of residence of his\ncommittee or trustee, if he has one, otherwise, the name and place of\nresidence of the person with whom he resides; if a conservatee, the name\nand place of residence of his conservator, if he has one, otherwise the\nname and place of residence of the person with whom he resides; if a\nnon-resident, having an agent or attorney residing in the state,\nauthorized to contract for the sale of the property, the name and place\nof residence of such agent or attorney. If the name or place of\nresidence of any owner cannot after diligent inquiry be ascertained, it\nmay be so stated with a specific statement of the extent of the inquiry\nwhich has been made.\n  e. A statement that the petitioner has been unable to agree with the\nowner or owners of the property for the damages to be paid for such\noccupation.\n  f. A statement that it is the intention of the petitioner, in good\nfaith, to complete such drains, ditches, dikes and basins, for which\npurpose the property is so occupied.\n  g. A request that the department determine the necessity for such\ndrainage and for occupying such lands and property and ascertain the\ncompensation to be made to the owner or owners and that the petitioner\nbe permitted, upon making such compensation, to construct, reconstruct,\nenlarge or clean such watercourses or drains, ditches, dikes and basins,\nand maintain the same across the lands specified.\n  2. In addition, the petition shall be accompanied by an undertaking,\nsatisfactory to the department as to amount and sureties, that\napplicants will pay the expenses of the proceedings and determination as\nhereinafter provided.\n  3. A person who seeks to acquire an easement or right, to effect the\npurpose set forth in subdivision above, pursuant to the provisions of\nthe eminent domain procedure law, and who is unable to provide a\nspecific description of the property to be acquired and its location by\nmetes and bounds, with reasonable certainty, may prior to the\npresentation of a petition to a special term of the Supreme Court, apply\nfor an order permitting such person to enter upon the property sought to\nbe acquired, for the purpose of viewing, surveying, measuring and\notherwise examining such property, in order to describe such property in\nthe petition. Application for such an order shall be made to a special\nterm of the Supreme Court, held in the judicial district in which the\nproperty is located. The court shall if the facts so warrant, grant the\napplication upon such terms and conditions as it may deem advisable. The\ncourt may also require the applicant to post bond to indemnify the owner\nof the property for any damage caused in the making of the survey.\n  4. Upon receipt of such petition, the department shall take such steps\nas it shall deem proper to ascertain if the relief sought can be\naccomplished in the manner described in such petition and other facts\npertinent to the case and to this end may make such surveys or other\ninvestigations as may be in its judgment necessary in the premises.\n  5. Notice of a hearing shall be given as follows:\n  a. The department shall appoint a time and place when and where it\nwill hold a hearing for the purpose of determining the necessity for\nsuch drainage and for occupying such lands and properties and assess the\ndamages and benefits resulting therefrom. The department shall deliver\nto the petitioner copies of the petition, to which shall be attached a\nnotice of the time and place appointed for a hearing, addressed to the\nowner of each parcel to be occupied.\n  b. The petitioner upon receipt of such copies and notice shall, on the\nsame day, or the next day thereafter, excluding Sundays and holidays,\ncause such copy and notice to be served upon the persons to whom it is\naddressed. A copy of such notice and petition shall be served on the\nowner of each parcel or to any one of several owners of a parcel in case\nthere be more than one. In case the owner is an infant such copy and\nnotice shall be served upon his general guardian, if he has one; if not,\non the person with whom he resides. If a person adjudged incompetent by\nreason of age, drunkenness, mental illness or other cause, service shall\nbe made upon his committee or trustee, if he has one; if not, on the\nperson with whom he resides. If a non-resident, having an agent or\nattorney residing in this state, authorized to contract for the sale of\nthe real property described in the petition, service upon such agent or\nattorney will be sufficent service upon the owner.\n  c. Depositing a copy and notice in the post office properly inclosed\nin an envelope addressed to the owner, guardian, committee, trustee,\nagent or attorney, respectively, at his post office address, and paying\nthe postage thereon shall be deemed proper service. Notice of such\nhearing may be given by publishing the same once a week for two\nsuccessive weeks, immediately prior thereto in two newspapers in the\ncounty or counties in which the lands and properties affected are\nlocated, provided personal service cannot be made. Such service shall be\nmade at least fifteen days prior to the date of the hearing.\n  6. Assessment of damages shall be as follows:\n  a. The department shall view the premises affected and at the time and\nplace appointed shall hear all parties interested and such witnesses as\nthey may produce. Such hearing may be adjourned at the discretion of the\ndepartment.\n  b. At the close of such hearing, if the department shall determine\nthat the occupying of the lands and properties specified is necessary\nfor the drainage of the lands of the petitioner, it shall assess the\ndamages to the person or persons owning the same and fix the\ncompensation to be made therefor. In fixing the amount of compensation\nfor lands or property to be taken, the department shall make such\nallowance or deduction on account of any benefits which the owners may\nderive from the proposed work as the department shall determine to be\njust and equitable in the premises.\n  c. A copy of such determination, duly certified by the department,\nshall be filed by the department in the clerk's office of the county or\ncounties in which such lands and properties are located. A copy of such\ndetermination shall be served by the department by mail on each\npetitioner and on each owner of each parcel or on any one of several\nowners of a parcel in case there be more than one, together with a\nnotice of the date and place of filing such certified copy in the county\nclerk's office.\n  7. Review shall be as follows:\n  a. If the petitioner or petitioners feel aggrieved by the decision of\nthe department, he or they may review the same as provided in section\n15-0905. Unless such proceeding for review shall have been instituted\nwithin sixty days after filing of the decision in the county clerk's\noffice, the decision of the department shall be deemed final. If the\nfinal decision shall be adverse to the applicant, no other application\nto the department for the construction of the same works shall be made\nwithin one year.\n  b. If the owner or owners of the property to be occupied feel\naggrieved by the decision of the department only to the extent that it\ndetermines the necessity for the occupation of the lands and properties\nof such owner or owners, he or they may review the same as provided for\nin section 15-0905. Unless such proceeding for review shall have been\ninstituted within sixty days after the filing of the decision in the\ncounty clerk's office, the decision of the department shall be deemed\nfinal. If such owner or owners feel aggrieved by the assessment of\ndamages made by the decision of the department he or they may apply,\npursuant to the applicable provisions of the eminent domain procedure\nlaw to ascertain the compensation to be made to the owner or owners for\nthe property to be taken. Upon the granting of such an order the\nproceeding shall continue for the ascertainment of compensation as\nprovided by the eminent domain procedure law as if acquisition\nproceedings had been instituted by the petitioners in the first\ninstance. Such an application shall save to such owner or owners the\nright to review the determination of necessity for the drainage works\nmade by the department on any appeal taken to the Appellate Division by\npetitioners or owners pursuant to the provisions of the eminent domain\nprocedure law.\n  8. If after the expiration of sixty days proceedings have not been\ninstituted to review the decision of the department as provided in\nsubdivision 7 above, the petitioner or petitioners shall pay the damages\nassessed by the department and may thereafter enter upon such lands or\nproperties for the purpose of constructing, reconstructing, enlarging,\ncleaning or maintaining such drains, ditches, dikes and basins. Deposit\nof the money to the credit of the owner or owners, pursuant to the\ndirection of the department, shall be deemed a payment within the\nprovisions of this section.\n
N.Y. ENV Law § 15-1909 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1909
Entry upon lands, structures and waters; condemnation
Status: in_force

§ 15-1909. Entry upon lands, structures and waters; condemnation.\n  1. For carrying out the surveys and examinations required by title 19\nof this article, the department may enter upon any lands, structures and\nwaters as in its judgment may be necessary, as provided by section\n15-0305.\n  2. The department, its members, officers, employees and agents may\nenter upon any lands, structures and waters necessary for the purposes\nof title 19 of this article and may determine what rights in and to such\nproperty are to be acquired therein. If the owner of any property to be\nacquired, or on or over which an easement is needed for such improvement\nshall agree with the department upon the sum to be paid therefor, or for\nthe right to use and occupy the same, or for any damages sustained, such\nsum shall be paid as part of the necessary expense of the project.\n  3. If the department cannot agree with the owners upon the\ncompensation and damages to be paid for the property or easement to be\nacquired, the department shall proceed to take the title thereto or the\nrequired rights therein under the provisions of the eminent domain\nprocedure law.\n  4. Whenever a construction project affects a ditch or channel which\nhas been constructed and in use for twenty years and upwards such use\nand operation shall be conclusive evidence that a right of way therefor\nand all rights in the premises through which it passes, which are\nnecessary and incident to the perpetual maintenance thereof, were duly\nobtained when such ditch or channel was constructed.  All real property\nacquired by a drainage improvement district shall be exempt from\ntaxation.\n
N.Y. PBA Law § 2467 — New York Code / Act PBA / Article 8 / Title 19 / Section 2467
Bond and note authorization
Status: in_force

* § 2467. Bond and note authorization. 1. The authority shall have the\npower and is hereby authorized to issue from time to time its negotiable\nbonds and notes in conformity with applicable provisions of the uniform\ncommercial code in such principal amounts as the authority shall\ndetermine to be necessary to provide sufficient funds for achieving any\nof its corporate purposes, including the payment of all or any part of\nthe cost of acquiring, constructing, reconstructing, constructing\nadditions to, improving, maintaining and operating sport facilities,\nincluding but not limited to buildings, structures, parking and other\nfacilities ancillary or appurtenant to such sports facilities, the\npayment of interest on bonds and notes of the authority, the\nestablishment of reserves to secure such bonds and notes of the\nauthority and the payment of all other expenditures, including operating\nexpenses, of the authority incident to or necessary or convenient to\ncarry out its corporate purposes and powers.\n  2. The authority shall have the power to issue from time to time (i)\nnotes to renew notes and (ii) bonds to pay notes, including the interest\nthereon and redemption premium, if any, and, whenever it deems refunding\nexpedient, to refund any bonds of the authority then outstanding,\nwhether the bonds to be refunded have or have not matured, including the\npayment of any redemption premium thereon and any interest accrued or to\naccrue to the earliest or subsequent date of redemption, purchase or\nmaturity of such bonds, by the issuance of new bonds, and, if deemed\nadvisable by the authority, to issue bonds partly to refund bonds then\noutstanding and partly for any of its corporate purposes. The refunding\nbonds may be exchanged for the bonds to be refunded or sold and the\nproceeds applied to the purchase, redemption or payment of such bonds.\nPending such purchase, redemption or payment, such proceeds may be\ninvested and reinvested in obligations of or guaranteed by the United\nStates of America, or in obligations of agencies of the United States of\nAmerica, secured in such manner as the authority shall determine,\nmaturing at such time or times as shall be appropriate to assure the\nprompt payment, as to principal, interest and redemption premium, if\nany, on the outstanding bonds to be refunded. The interest and earned\nincrement, if any, resulting from any such investment, may also be\napplied to the purchase, redemption or payment of the outstanding bonds\nto be so refunded and any balance remaining upon completion of the\npurchase, redemption or payment of all such outstanding bonds shall be\nreturned to the authority for use by it in any lawful manner.\n  3. No bonds or notes of the authority shall be issued if upon such\nissuance the aggregate principal amount of bonds and notes of the\nauthority then outstanding exceeds three hundred fifty million dollars,\nprovided that such statutory maximum principal amount shall not be\nconstrued as constituting a contract between the authority and the\nholders of its bonds or notes that additional bonds or notes may not be\nissued subsequently by the authority in the event that such statutory\nmaximum shall be increased subsequently by law and provided further\nthat, in determining such aggregate principal amount there shall be\ndeducted (i) all sums then available for the payment of such bonds or\nnotes either at maturity or through the operation of a sinking fund;\n(ii) the aggregate principal amount of outstanding bonds issued (a) to\nrefund notes and (b) to refund bonds theretofore issued and then\noutstanding; and (iii) the aggregate principal amount of outstanding\nnotes issued to renew notes theretofore issued and then outstanding.\n  4. The issuance of bonds and notes by the authority shall be\nauthorized by resolution or resolutions of the authority without further\nauthorization or approval, which resolution or resolutions shall be a\npart of the contract with the holders of the bonds or notes thereby\nauthorized and may contain provisions as to:\n  (a) pledging all or any part of the moneys, earnings, income and\nrevenues derived from the project to secure the payment of the bonds or\nof any issue of the bonds, subject to such agreements with bondholders\nas may then exist;\n  (b) the payments, fees or other charges to be fixed, established and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the moneys, earnings, income and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a sports facility or sports facilities;\n  (e) limitations on the purposes to which and the manner in which the\nproceeds of sale of any bonds or any issue of bonds may be applied;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured; and the refunding of\noutstanding bonds or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any earnings or revenues\nof the authority may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section twenty-four hundred seventy-five of this\ntitle, and limiting or abrogating the right of the bondholders to\nappoint a trustee under such section or limiting the rights, powers and\nduties of such trustee;\n  (k) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing the rights and remedies of the bondholders in\nthe event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of this state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of its properties;\n  (m) limitations on the amount of moneys derived from a sports facility\nor sports facilities to be expended for operating, administrative and\nother expenses of the authority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of a sports facility or\nsports facilities and the safeguarding and application of all moneys;\n  (p) the payment of the proceeds of bonds and revenues of a sports\nfacility or sports facilities to a trustee or other depositary, and for\nthe method of disbursement thereof and such safeguards and restrictions\nas the authority may determine;\n  (q) any other matters, of like or different character which may in any\nway affect the security or protection of the bonds.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2486 — New York Code / Act PBA / Article 8 / Title 19 / Section 2486
Inconsistent provisions of other laws superseded
Status: in_force

* § 2486. Inconsistent provisions of other laws superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother law, general, special or local, the provisions of this title shall\nbe controlling.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1977 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1977
Articles of association; recording and filing
Status: in_force

§ 15-1977. Articles of association; recording and filing.\n  1. The articles of association shall be signed by all owners as listed\ntherein and shall be acknowledged in the form now or hereafter required\nfor the recording of a deed of real property. If there be more than one\nowner of a separate parcel of drainable acreage, the articles of\nassociation shall be signed and acknowledged by each owner thereof. The\narticles of association shall set forth:\n  a. The name and address of each owner.\n  b. The name of the proposed association, such as\nthe.................Drainage Section Association.\n  c. The designation of two of the owners to act as temporary president\nand temporary secretary until the first annual meeting of the\nassociation.\n  d. The location and amount of drainable acreage as determined and\nowned by each owner and a brief description of the parcel or parcels if\nthere be more than one, of drainable acreage owned by each.\n  e. The facts showing the necessity for the proposed drainage.\n  f. A description of the proposed drainage works which as far as\npracticable may include bearings and distances locating the proposed\nalignment of drains, profiles, proposed new drains and a typical\nsection.\n  g. The names and addresses, so far as can be ascertained, of persons\nwho are not parties to the articles of association regarding whose lands\nit will be necessary to obtain a right, pursuant to section 15-1983, to\nconstruct, maintain and keep in repair drainage works in order to\neffectuate the drainage proposed by the articles of association.\n  h. A map, attached to the articles of association, which generally\nshall show the drainable acreage of each owner and the lands of others\non which it will be necessary to construct, maintain and keep in repair\nsuch drainage works referred to in paragraph g of this subdivision. The\nmap shall show generally also the type and location of the proposed\ndrainage works.\n  i. A mutual agreement by the owners to proceed with the project, to\nconstruct it, to maintain it and keep it clean and in repair; to pay all\ncosts and expenses, including legal, engineering, filing and recording\nfees, all debts of the association and any damages which may be assessed\nfor the acquisition of a right or easement to construct or maintain\ndrainage works upon the lands of a person not a party to the articles of\nassociation. Such costs, expenses, fees, debts and damages shall be\nassessed against each owner in the proportion the drainable acreage\nowned by him bears to the aggregate drained acreage, or in some other\nproportion mutually agreed upon and specified in the articles of\nassociation. The agreement shall further provide that if any such\napportionment is not paid within the time prescribed by the by-laws, the\nassociation may institute an action in its own name to recover the same.\n  j. The articles of association shall provide that they, and the\nagreement set forth therein, shall be binding upon the heirs, devisees,\nassignees and grantees of each owner and shall constitute covenants\nrunning with the land of each.\n  2. The articles of association shall be filed and recorded in the\noffice of the county clerk of the county or counties in which the\ndrainage section is located, with a notice appended thereto to the\ncounty clerk or clerks to enter the same in the index of grantors of\nreal property under the names of all signers of the articles of\nassociation and the name of the association. The names of all such\nsigners shall be alphabetically and legibly listed in such notice. A\ncertified copy of the articles of association, as so filed and recorded,\nforthwith shall be filed in the office of the department.\n
N.Y. PBA Law § 2468 — New York Code / Act PBA / Article 8 / Title 19 / Section 2468
Bonds and notes of the authority
Status: in_force

* § 2468. Bonds and notes of the authority. 1. All bonds and notes\nissued by the authority may be secured by the full faith and credit of\nthe authority subject only to any agreements with the holders of\nparticular bonds pledging any particular revenues or moneys of the\nauthority, all as may be provided in the proceedings of the authority\npursuant to which the bonds or notes shall be authorized to be issued.\n  2. Bonds and notes issued by the authority shall bear such date or\ndates and shall mature at such time or times as shall be provided by any\nsuch resolution of the authority, except that no note or any renewal\nthereof shall mature more than five years from the date of the original\nnote and no bond shall mature more than forty years from the date of its\nissue.\n  3. Bonds may be issued in one or more series as serial bonds payable\nin annual installments or as term bonds or as a combination thereof.\nBonds and notes shall bear interest at such rate or rates, be in such\ndenominations, be in such form either payable to bearer with coupons or\nregistered, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment, at such place or places\nwithin or without the state, and be subject to such terms of redemption,\nwith or without premium, as may be provided by any such resolution of\nthe authority. Any signature, manual or facsimile, of an officer of the\nauthority appearing on bonds or notes or coupons shall be valid and\nsufficient for all purposes whether or not such officer shall then be in\noffice. The authority may also provide for the authentication of the\nbonds or notes by a trustee or fiscal agent.\n  4. The resolution authorizing the issuance of any bonds or notes may\nprovide that such bonds and notes may be payable at such place or\nplaces, within or without the state, may bear interest at such rate or\nrates, may be payable at such time or times, may be in such form and\nevidenced in such manner, and may contain such other provisions not\ninconsistent herewith, including provisions as to reserve or sinking\nfunds, security for the payment of bonds or notes, redemption or\nrefunding of bonds or notes, events of default, remedies of bondholders\nor noteholders, appointment of trustees or fiscal agents, custody,\ncollection, securing, investment and payment of any money of the\nauthority and amendment or abrogation of such provisions, all as the\nauthority shall determine.\n  5. Any bonds or notes of the authority may be sold at such price or\nprices, at public or private sale, in such manner and from time to time\nas may be determined by the authority, and the authority may pay all\nexpenses, premiums and commissions which it may deem necessary or\nadvantageous in connection with the issuance and sale thereof. No bonds\nor notes of the authority may be sold at private sale, however, unless\nsuch sale and the terms thereof have been approved in writing by (i) the\ncomptroller of the state of New York where such sale is not to such\ncomptroller, or (ii) the state director of the budget where such sale is\nto such comptroller.\n  6. The authority may issue one or more series of bonds or notes\nwhether in connection with or secured by the same or a different project\nor portion thereof except as may otherwise be provided in the\nproceedings under which such bonds or notes shall be authorized to be\nissued.\n  7. Neither the members, directors, officers or employees of the\nauthority nor any person executing the bonds or notes of the authority\nshall be liable personally on the bonds or notes or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  8. Issuance by the authority of one or more series of bonds or notes\nfor one or more purposes shall not preclude it from issuing other bonds\nor notes in connection with the same sports facility or any other sports\nfacility, but the proceedings whereunder any subsequent bonds or notes\nmay be issued shall recognize and protect any prior pledge or lease made\nfor any prior issue of bonds or notes unless in the proceedings\nauthorizing such prior issue the right is reserved to issue subsequent\nbonds or notes on a parity with such prior issue.\n  9. All bonds or notes authorized under this section and the interest\ncoupons applicable thereto are hereby made and shall be construed to be\nnegotiable instruments.\n  10. The authority shall have power out of any funds available therefor\nto purchase (as distinguished from the power of redemption herein\nprovided) any bonds or notes of the authority, and all bonds so\npurchased shall be cancelled.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 11-1913 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1913
Fishing preserves
Status: in_force

§ 11-1913. Fishing preserves.\n  1. "Fishing preserve waters" means any artificial or man-made body of\nwater, without limitation of size, lying wholly within the boundaries of\nprivately owned lands, operated for the purpose of permitting the owner\nto provide fishing facilities to fishermen. Such waters shall not\ninclude natural streams, natural ponds or waters impounded by the\ndamming of natural streams. The sources of water for such ponds shall be\nlimited to surface run-off, natural springs or waters diverted from a\nnatural stream.\n  2. a. The department may, in its discretion, after application on\nforms furnished by it, issue to an owner of such fishing preserve waters\na fishing preserve license permitting the holder thereof to manage such\nfishing preserve waters and to possess, propagate and rear, and to take\nor permit others to take therefrom, fish therein legally propagated or\nacquired. Such license shall expire on the last day of December in the\nyear in which it is issued unless previously revoked. A separate license\nis required for each body of water defined in subdivision 1 as fishing\npreserve waters. Two or more ponds under one ownership, supplied by one\ncommon water source and located on one continuous parcel of land, shall\nbe considered as one body of water requiring one license.\n  b. The license so issued, shall:\n  (1) contain the name of the town and county in which such fishing\npreserve waters are located;\n  (2) specify the species of fish authorized to be stocked therein;\n  (3) authorize the licensee to stock, propagate, raise and release such\nfish in such licensed fishing preserve waters and to buy, sell or\notherwise traffic in fish taken therefrom;\n  (4) specify the manner of identification of fish taken from the\nlicensed waters, and\n  (5) specify the means of acquisition of fish stocked therein.\n  c. The license may also:\n  (1) authorize the licensee to control undesirable protected fish,\nwildlife and insects and specify means of control of the same.\n  (2) specify such other restrictions and controls for the management of\nthe fishing preserve waters as in the judgment of the department may be\ndeemed advisable for proper fish management.\n  d. The fee for the license shall be fifty dollars, payable at the time\napplication is made.\n  e. The department may for cause revoke or suspend the license of any\nlicensee.\n  3. Lands containing fishing preserve waters so licensed shall be\nposted with appropriate signs in accordance with section 11-2111.\n  4. A licensee or any member of his immediate family may without\nlicense issued under title 7 of the Fish and Wildlife Law, or license to\ntake fish by net or device, take fish of any size, in any number, at any\ntime and in any manner permitted by the license.\n  5. a. Any licensee, during the term of his license may sell fish taken\nfrom the licensed fishing preserve waters and may grant permission to\nother persons to take fish in or from the licensed fishing preserve\nwaters and charge a fee for such fishing or for the fish taken, or, if\nthe licensee is a club, it may impose dues permitting such angling by\nmembers of such club.\n  b. Persons to whom such permission to fish is granted or who have paid\nfor the privilege of fishing in the licensed waters or dues paying\nmembers of a club which is a licensee may fish in such waters without\nlicense issued under title 7 of the Fish and Wildlife Law, or other\nlicense.\n  c. The licensee may prescribe such restrictions or limitations as he\nsees fit with respect to the size of fish, limits of catch, open season\nand manner of taking fish from the licensed waters. Except as\nspecifically noted in the license, the provisions of title 13 or title\n15 of the Fish and Wildlife Law shall not be applicable to fishing in\nsuch licensed fishing preserve waters.\n  6. a. All trout, black bass, lake trout, landlocked salmon,\nmuskellunge, pike, pickerel and walleye taken from the licensed fishing\npreserve waters, shall be immediately identified on forms provided by\nthe department as prescribed in the license or by order of the\ndepartment.\n  b. The identification form shall accompany the fish until the same is\nfinally prepared for consumption.\n  c. No fish, required to be identified as specified in paragraph a of\nthis subdivision, taken pursuant to this section shall be possessed off\nthe premises of the fishing preserve without such identification form,\nand no person shall sell such fish without such identification form.\n  d. Fish taken from such fishing preserves and identified as provided\nin this subdivision, may be possessed, bought, sold and offered for\nsale, and transported without restriction. Fish raised or possessed\nunder license issued under this section may be sold at any time for\nscientific, exhibition, propagation or stocking purposes.\n  7. The holder of a fishing preserve license shall keep such records as\nthe department may require and make annual reports to and upon forms\nfurnished by the department. The records shall be continuous and shall\nbe kept on the licensed premises, and the licensee shall allow any\nrepresentative of the department to enter upon the premises and inspect\nhis operations and records.\n  8. Farm fish ponds, previously licensed pursuant to section 11-1911,\nmay be licensed as fishing preserves, provided that the waters so sought\nto be licensed under this section meet the requirements of subdivision 1\nhereof, and provided further that such waters have not been stocked by\nthe department during the five year period immediately preceding the\napplication for fishing preserve license.\n  9. The department may, by special permit or authorization contained in\nthe license, authorize the licensee to use fish toxins in the management\nof the licensed waters, but unless so specifically authorized by permit\nor license no toxins or poisons may be introduced into the licensed\nwaters.\n  10. Nothing in this section shall abridge, alter or affect the rights\nor liabilities, riparian or otherwise, that would otherwise exist or\naccrue by reason of the impounding of the water, except that fishing\npreserve waters are waters of the state within the meaning of section\n11-0503 of the Fish and Wildlife Law and article 17 of this chapter.\n  11. The department may, by order made pursuant to section 11-2301,\nmake such rules and regulations with respect to the management and\noperation of fishing preserves, not inconsistent with the provisions of\nthis section, as it shall deem necessary and proper to carry into effect\nthe provisions of this section.\n
N.Y. ENV Law § 15-1923 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1923
Plans and estimates
Status: in_force

§ 15-1923. Plans and estimates.\n  The department may make a study of the works necessary to drain the\ndistrict and prepare maps, plans, estimates and reports showing a\ncomplete system of drainage therefor, the estimated cost of the various\nditches and other works and parts thereof and the boundaries of the land\nwhich will be served by and therefor should contribute to the cost of\neach structure. These estimates of costs shall be made on the assumption\nthat no drainage work has ever been done in the district. In addition\nthe department may show on the plans any drainage work which has\nheretofore been done in the district, may estimate the cost of those\nworks on the same basis used for the estimate of the cost of the\nproposed system and in similar manner may determine the boundaries of\nthe land served by the existing ditches.\n
N.Y. ENV Law § 11-1901 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1901
Breeding of domestic game birds
Status: in_force

§ 11-1901. Breeding of domestic game birds.\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 bird\nbreeder's license permitting him to possess and propagate such species\nof domestic game birds as, in its opinion, he has facilities for\npropagating on the licensed premises. The license shall expire on March\n31 every fifth year. The department shall prescribe and furnish forms\nfor application for such license. Applicants shall pay to the\ndepartment, and the department shall be entitled to receive, fees\naccording to the type of license so issued as follows:\n  a. Class A license, two hundred dollars. This license shall allow the\nholder thereof to purchase, possess, propagate, transport and sell\ndomestic game birds, dead or alive, and their eggs.\n  b. Class B license, forty dollars. This license shall allow the holder\nthereof to purchase, possess and propagate domestic game birds for his\nown use. Birds may be killed for food or released to the wild for\nrestocking. No live birds or their eggs or carcasses may be sold,\nexchanged or given away.\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. The licensee, unless he shall waive such right,\nshall have an opportunity to be heard. Notice of hearing shall be given\nby mailing the same in writing to the licensee at the address contained\nin his license. Attendance of witnesses may be compelled by subpoena.\nRevocation shall be deemed an administrative act reviewable by the\nsupreme court as such.\n  3. Only domestic game birds legally propagated or acquired shall be\npossessed under these licenses.\n  4. On the licensed premises the licensee may kill domestic game birds\nat any time in any manner except by shooting. Nothing in this section\nshall be construed to prohibit the shooting of domestic game birds\nliberated on the licensed premises if such shooting is done during the\nopen season for such species or pursuant to a license under section\n11-1903.\n  5. Each such domestic duck, goose, brant and swan shall be marked in\naccordance with requirements set forth in rules and regulations\nestablished by the department of the interior pursuant to 50 C.F.R. 21\nas may be amended from time to time. Such information shall be provided\nby department press release and any other means that the department\ndetermines to be appropriate and effective, including posting on the\ndepartment's public website. Birds so marked, which have escaped, may be\nrecaptured by the licensee. Escaped birds may be recaptured only on the\npremises of the licensee.\n  6. The holder of a domestic game bird 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 current\nand shall be kept on the licensed premises, and the licensee shall allow\nany representative of the department to enter upon the premises to\ninspect his operations and records. Records must be retained for a\nperiod of three years.\n  7. On the licensed premises the licensee may take any unprotected wild\nbird, or any predatory wildlife except, protected birds, disturbing\ndomestic game. Such birds or wildlife may be taken at any time and in\nany manner, except that no trap of the leg-gripping type, having teeth\nin the jaws or having a greater spread of jaws than six inches, shall be\nused for such purpose, nor shall a trap be set so that any wildlife when\ncaught shall be suspended. Carcasses of such birds or wildlife shall be\nimmediately buried or cremated, except that carcasses of unprotected\nwildlife, and of protected wildlife other than birds if taken during\ntheir respective open seasons, may be possessed, transported, bought and\nsold to the extent permitted by section 11-0917.\n  8. Domestic game bird carcasses and parts shall be identified as\nrequired by section 11-1721 of this article.\n
N.Y. ENV Law § 71-1931 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1931
Injunctions
Status: in_force

§ 71-1931. Injunctions.\n  It shall be the duty of the Attorney General upon the request of the\ncommissioner to bring an action for an injunction against any person\nviolating any of the provisions of titles 1 through 11 inclusive and\ntitle 19 of article 17 or violating any rule or regulation promulgated\npursuant thereto, or any order or determination of the commissioner or a\ncondition of any certificate or permit issued by the department;\nprovided, however, that the department or the commissioner shall furnish\nthe Attorney General with such material, evidentiary matter or proof as\nmay be requested by the Attorney General for the prosecution of such an\naction. In any action for an injunction brought pursuant hereto any\nfinding of the commissioner or hearing officer or panel appointed and\ndesignated by the commissioner shall be prima facie evidence of the fact\nor facts found therein.\n
N.Y. ENV Law § 15-1965 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1965
Construction project
Status: in_force

§ 15-1965. Construction project.\n  As soon as the formation of the district becomes effective, the\ndepartment shall have full power to enter into agreements with the\nproper officials of the federal government or of other agencies of the\nstate, to acquire or appropriate lands and rights in lands, including\nsites for camps and appurtenant facilities, access roads, borrow pits,\nquarries, spoil banks and all other necessary and proper matters, to\nincur contractual obligations, to purchase supplies and materials, to\nemploy the necessary personnel and generally to do whatever is necessary\nto carry out the proposed project or projects.\n
N.Y. PBG Law § 422 — New York Code / Act PBG / Article 13 / Title 19 / Section 422
White Plains Housing Authority
Status: in_force

§ 422. White Plains Housing Authority.  A municipal housing authority,\nto be known as the White Plains Housing Authority, is hereby created and\nestablished for the city of White Plains in the county of Westchester\nfor the accomplishment of any or all of the purposes specified in\narticle eighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have all the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized ix the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. ENV Law § 71-1909 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1909
Enforcement of section 17-1709
Status: in_force

§ 71-1909. Enforcement of section 17-1709.\n  1. Any board of health named in subdivision 1 of section 17-1709 shall\nexamine into any alleged offense against section 17-1709 within its\njurisdiction and cause the same to be abated, by injunction or\notherwise, if found to exist.\n  2. Any person violating any provision of section 17-1709 shall be\nguilty of a misdemeanor, and punishable by a fine of not more than seven\nhundred fifty dollars or by imprisonment for not more than one year or\nby both such fine and imprisonment.\n
N.Y. ENV Law § 11-1903 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1903
Shooting preserves
Status: in_force

§ 11-1903. Shooting preserves.\n  1. The department may, in its discretion, issue to an owner or lessee\nof wholly enclosed lands or an entire island a shooting preserve license\npermitting him or her to purchase, possess, rear and transport, and to\nrelease and take by shooting therein, domestic game birds legally\npossessed or acquired. No birds may be held for propagation after April\n15 unless the owner or lessee also has a domestic game bird breeder's\nlicense as provided for in section 11-1901 of this title. In the case of\nleased lands, the applicant shall furnish with his or her application\nevidence of a written lease executed by each lessor covering the\npremises to be licensed. The license shall expire on April 15 every\nfifth year. The department shall prescribe and furnish forms for\napplication for such license. Applicants shall pay, and the department\nshall be entitled to receive, fees according to the type of license\nissued as follows:\n  a. Class A license, two hundred dollars. This license shall allow the\nholder thereof to operate a commercial club or membership shooting\npreserve with a minimum of one hundred acres and charge a daily fee for\nhunting or charge a fee for each bird killed or a combination thereof.\nBirds may be killed by the licensee for his or her own use and may be\nsold dead or alive.\n  b. Class B license, sixty dollars. This license shall allow the holder\nthereof to operate a shooting preserve with use restricted to the\nlicensee, his or her family and invitees, provided no fees are charged\nfor the privilege of hunting or for birds shot. Birds may be killed by\nthe licensee for his or her own use but no live birds, or their eggs, or\ncarcasses may be sold unless the licensee holds a Class A game bird\nbreeder's license.\n  3. The department may revoke the license of any licensee convicted of\na violation of this section, and no license shall be issued to him or\nher for the ensuing two years. The licensee, unless he or she shall\nwaive such right, shall have an opportunity to be heard. Notice of\nhearing shall be given by mailing the same in writing to the licensee at\nthe address contained in his or her license. Attendance of witnesses may\nbe compelled by subpoena. Revocation shall be deemed an administrative\nact reviewable by the supreme court as such.\n  5. The boundaries of a shooting preserve shall be posted with\nappropriate signs in accordance with section 11-2111.\n  7. Domestic game birds may not be killed, by shooting, on the premises\nspecified in the application for the license, except under the following\nconditions:\n  a. Birds shall be marked as provided in subdivision 5 of section\n11-1901 of this title. Birds so marked, which have escaped, may be\nrecaptured by the licensee. Escaped birds may be recaptured only on the\npremises of the licensee.\n  b. Ducks, geese, brant and swans liberated under this section may be\ntaken only under rules and regulations made by the department or adopted\nby the federal department of the interior; provided, however, that any\nfederal regulations shall be provided by department press release and\nany other means that the department determines to be appropriate and\neffective, including posting on the department's public website.\n  c. On the premises described in the application for the license, the\nlicensee may kill domestic game birds by shooting from September 1\nthrough April 15 and in any manner, other than by shooting, at any time,\nor any person may take domestic game birds by shooting from September 1\nthrough April 15 with the consent of the licensee.\n  8. The holder of a shooting preserve license shall keep records and\nmake reports as required by and upon forms furnished by the department.\nThe reports shall be subscribed by the licensee, and shall contain an\naffirmation that the statements therein are made subject to the\npenalties of perjury. The records shall be continuous and current and\nshall be kept on the licensed premises, and the licensee shall allow any\nrepresentative of the department to enter upon the premises to inspect\nhis operations and records. Records must be retained for a period of\nthree years.\n  9. On the premises described in the application for the license, the\nlicensee may take any unprotected wild birds, or any predatory wildlife\nexcept protected birds, disturbing domestic game. Such birds or wildlife\nmay be taken at any time and in any manner, except that no trap of the\nleg-gripping type, having teeth in the jaws or having a greater spread\nof jaws than six inches, shall be used for such purpose, nor shall a\ntrap be set so that any wildlife when caught shall be suspended.\nCarcasses of such birds or wildlife shall be immediately buried or\ncremated, except that carcasses of unprotected wildlife, and of\nprotected wildlife other than birds if taken during their respective\nopen seasons, may be possessed, transported, bought and sold to the\nextent permitted by section 11-0917.\n  10. a. Carcasses and parts of domestic game birds shall be accompanied\nby a form provided by the department pursuant to section 11-1721 of this\narticle. No domestic game birds so killed shall be possessed or\ntransported without such form. Only an authorized person as provided in\nthe rules and regulations of the department shall have in his or her\npossession such form.\n  b. Domestic game bird carcasses and parts shall be identified as\nrequired by section 11-1721 of this article.\n  11. Notwithstanding any provision in this section to the contrary, any\nperson may conduct a field trial on the grounds of a shooting preserve\nat any time under the provisions of section 11-0927.\n
N.Y. PBA Law § 2470 — New York Code / Act PBA / Article 8 / Title 19 / Section 2470
Resources of authority
Status: in_force

* § 2470. Resources of authority. 1. The authority may receive,\naccept, invest, administer, expend and disburse for its corporate\npurposes appropriations from the capital construction fund and the state\npurposes fund of the state, payments made to it by participating\nmunicipalities, and other revenues and moneys made available or to be\nmade available to it from any or all sources for the construction,\nacquisition, reconstruction, rehabilitation and improvement of sports\nfacilities, including gifts, grants and loans from the federal\ngovernment, any state agency, any county, city, town or village, any\nprivate foundation, organization or individual, or any other source.\n  2. All moneys of the authority, other than appropriations and except\nas otherwise authorized or provided herein, shall be paid to the\ncommissioner of taxation and finance as agent of the authority, who\nshall not commingle such moneys with any other moneys. Such moneys shall\nbe deposited in two or more separate bank accounts, and one of such\naccounts, to which shall be credited all income from investments or\nother accounts and all other moneys received or to be received annually\nby the authority on a recurring basis, shall be denominated the "sports\nfacilities income fund account". The moneys in such fund account shall\nbe paid out on checks signed by the commissioner of taxation and finance\non requisition of the chairman of the authority or such other officer or\nemployee or officers or employees as the authority shall authorize to\nmake such requisition. All deposits of such moneys shall, if required by\nthe commissioner of taxation and finance or the authority, be secured by\nobligations of the United States or of the state of a market value equal\nat all times to the amount of the deposit and all banks and trust\ncompanies are authorized to give such security for such deposits.\n  3. Any such moneys of the authority not required for immediate use\nmay, at the discretion of the authority, be invested by the commissioner\nof taxation and finance in obligations of the United States or the state\nor obligations the principal and interest of which are guaranteed by the\nUnited States or the state.\n  4. The comptroller, or his legally authorized representative is hereby\nauthorized and empowered from time to time to examine the books and\naccounts of the authority including its receipts, disbursements,\ncontracts, reserve funds, investments, and any other matters relating to\nits financial standing. Such an examination shall be conducted by the\ncomptroller at least once in every five years; the comptroller is\nauthorized, however, to accept from the authority, in lieu of such an\nexamination, an external examination of its books and accounts made at\nthe request of the authority.\n  * NB (Disbanded March, 1980)\n
N.Y. PBA Law § 2466 — New York Code / Act PBA / Article 8 / Title 19 / Section 2466
The acquisition of real property
Status: in_force

* § 2466. The acquisition of real property. 1. The authority may from\ntime to time determine what real property is necessary for the\nconstruction, improvement and operation of a sports facility and for\nparking and access thereto. If funds are made available by the authority\nfor payment of the cost and expense of the acquisition thereof, the\ncommissioner of transportation when requested by the authority shall\nacquire such real property in the name of the state by appropriation,\nand, when necessary, remove the owner or occupant thereof and obtain\npossession for the authority according to the procedure provided by\nsection three hundred forty-seven of the highway law. The authority\nshall have the right to possess and use for its corporate purposes so\nlong as its corporate existence shall continue all such real property\nand rights in real property so acquired.\n  2. Claims for the value of the property appropriated and for legal\ndamages caused by any such appropriation shall be adjusted and\ndetermined by the commissioner of transportation with the approval of\nthe authority, or by the court of claims as provided in said section\nthree hundred forty-seven of the highway law. When a claim has been\nfiled with the court of claims, the claimant shall cause a copy of such\nclaim to be served upon the authority and the authority shall have the\nright to be represented and heard before said court. All awards and\njudgments arising from such claims shall be paid out of moneys of the\nauthority.\n  3. The authority may also, and in any case, acquire real property in\nthe name of the authority by deed and may pay such price therefor as\nshall be agreed with the owner thereof.\n  4. A participating municipality may, by resolution of its governing\nbody or in the case of the city of New York, the board of estimate,\nconvey by deed, with or without consideration, to the authority for so\nlong as its corporate existence shall continue, any lands owned by the\nmunicipality. In the event the authority shall determine the land is\nexcess and is no longer required for authority purposes, it shall\nreconvey the property with any improvements thereon to the municipality.\n  5. After consultation with the participating municipality, the\nauthority shall, in constructing, reconstructing, rehabilitating,\naltering or improving any project, comply with the requirements of local\nlaws, ordinances, codes, charters or regulations applicable to such\nconstruction, reconstruction, rehabilitation, alteration or improvement,\nprovided, however, that when, in the discretion of the authority, such\ncompliance is not feasible or practicable, the authority shall comply\nwith the requirements of the state building code, formulated by the\nstate building code council pursuant to article eighteen of the\nexecutive law, applicable to such construction, reconstruction,\nrehabilitation, alteration or improvement.\n  6. (a) All contracts for the construction, reconstruction,\nrehabilitation or improvement of buildings or structures let by the\nauthority shall comply with the applicable provisions of section one\nhundred thirty-five of the state finance law. The authority in preparing\nseparate specifications may provide for assignment of responsibility for\ncoordination of any of the contracts for such work to a responsible\nperson, firm or corporation.\n  (b) The authority shall not award any construction contract except to\nthe lowest bidder who in its opinion is qualified to perform the work\nrequired and is responsible and reliable. The authority may, however,\nreject all bids or waive any informality in a bid if it believes that\nthe public interest will be promoted thereby. The authority may reject\nany bid if in its judgment the business and technical organization,\nplant, resources, financial standing or experience of the bidder,\ncompared with the work to be performed, justifies such rejection.\n  (c) Any construction contract awarded by the authority shall contain\nsuch other terms and conditions, and such provisions for penalties, as\nthe authority may deem desirable.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 15-1939 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1939
Special apportionment of cost
Status: in_force

§ 15-1939. Special apportionment of cost.\n  1. The special apportionment of the cost of a construction project, be\nit new construction, enlargement, repair or maintenance, must be based\non the benefits derived from the work. This will conform to that part of\nthe general apportionment applicable to the particular ditch or part of\na ditch under consideration unless the department shall determine\notherwise. It is the intent of title 19 of this article that in the\ninterest of justice and equity and best to meet the needs and desires of\nthe owners of the property affected, the department may exercise some\nlatitude in the application of the rules herein set forth and, without\nexcluding other departures therefrom, the following are required or\nauthorized:\n  a. If a parcel previously has been assessed for drainage improvements\nwhich will continue to be useful for the drainage thereof due allowance\nshall be made therefor. The apportionment of the cost of previous work,\nalready made, will be used for this purpose, but may be modified to give\ndue consideration to actual records of cost, if such can be discovered.\nIf the present owner of such parcel has contributed labor, materials, or\nmoney to any such drainage work the department may make such allowances\ntherefor as it finds to be just and proper.\n  b. If any parcel is uncleared or otherwise not immediately fit for the\nraising of crops, the department may make a reasonable adjustment based\non the minimum time required with all due diligence to fit such parcel\nfor such use.\n  2. Except by special request of the owner the capital cost of all past\nand future work serving a parcel shall not exceed the total drainage\nenhancement of that parcel.\n  3. Any ditch may on due petition therefor be excavated to less than\nfull size if certain groups of properties eventually to be served by it\ndo not desire at that time to share in the cost thereof. In that case it\nshall be unlawful for such properties to be drained until the owners\nthereof have had suitable enlargements of the outlet ditches made at\ntheir expense. If the petition shall so ask, a ditch, in the cost of\nwhich only a part of the properties eventually to be served asked to\nparticipate, may be made to full dimensions and the cost apportioned on\nthe participating lands only, provided that the petition clearly so\nstates and is signed by at least two-thirds of the owners of the lands\nto share in the cost representing at least two-thirds of the total\nenhancements to such lands. In that case the lands not sharing in the\ncost shall not be drained until the owners thereof have asked that their\nshare of the cost be apportioned to them and such apportionment has been\nmade as provided above and the department shall have made suitable\nprovision for reimbursement or credit to the persons at that time owning\nthe property which bore the cost of such improvement in the first\ninstance.\n  4. The costs of making such special apportionment of cost and\nproceedings thereupon shall be included in the cost of the work, or\nshould the work be delayed or not carried out, they shall be assessed on\none assessment roll on the participating lands in accordance with the\napportionment made.\n
N.Y. ENV Law § 27-1907 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1907
Abatement of noncompliant waste tire stockpiles
Status: in_force

§ 27-1907. Abatement of noncompliant waste tire stockpiles.\n  1. No later than one year from the effective date of this title, the\ndepartment shall prepare and submit to the governor and the legislature\na comprehensive plan designed to abate all noncompliant waste tire\nstockpiles by December thirty-first, two thousand ten. This plan shall\nestablish a noncompliant waste tire stockpile abatement priority list\nand schedule for abatement of each noncompliant waste tire stockpile\nbased on potential adverse impacts upon public health, safety or\nwelfare, the environment, or natural resources. The plan shall also\ninclude a census of compliant and non-compliant waste tire stockpiles in\nthe state and the number of waste tires believed to be stored at each\nsite.\n  2. The owner or operator of a noncompliant waste tire stockpile shall,\nat the department's request, submit to and/or cooperate with any and all\nremedial measures necessary for the abatement of noncompliant waste tire\nstockpiles with funds from the waste management and cleanup fund\npursuant to section ninety-two-bb of the state finance law.\n  3. No later than two years from the effective date of this title, the\ndepartment shall publish requests for proposals to seek contractors to\nprepare whole and mechanically processed waste tires situated at\nnoncompliant waste tire stockpiles for arrangement in accordance with\nfire safety requirements and for removal for appropriate processing,\nrecycling or beneficial use. Disposal will be considered only as a last\noption. The expenses of remedial and fire safety activities at a\nnoncompliant waste tire stockpile shall be paid by the person or persons\nwho owned, operated or maintained the noncompliant waste tire stockpile,\nor from the waste management and cleanup fund and shall be a debt\nrecoverable by the state from all persons who owned, operated or\nmaintained the noncompliant waste tire stockpile, and a lien and charge\nmay be placed on the premises upon which the noncompliant waste tire\nstockpile is maintained and upon any real or personal property,\nequipment, vehicles, and inventory controlled by such person or persons.\nMoneys recovered shall be paid to the waste management and cleanup fund\nestablished pursuant to section ninety-two-bb of the state finance law.\n  4. If execution upon a judgment for the recovery of the expenses of\nany such remedial and fire safety activities at a noncompliant waste\ntire stockpile is returned wholly or partially unsatisfied, such\njudgment, if docketed in the place and manner required by law to make a\njudgment of a court of record a lien upon real property, shall be a\nfirst lien upon such premises, having preference over all other liens\nand encumbrances whatever. Notwithstanding the foregoing, such lien\nshall not have preference over any mortgage or other encumbrance for the\nbenefit of the state of New York or a public benefit corporation\nthereof.\n  5. The department shall make all reasonable efforts to recover the\nfull amount of any funds expended from the waste management and cleanup\nfund for abatement or remediation through litigation or cooperative\nagreements. Any and all moneys recovered, repaid or reimbursed pursuant\nto this section shall be deposited with the comptroller and credited to\nsuch fund.\n  6. The department shall have authority to enter all noncompliant waste\ntire stockpiles for the purpose of investigation and abatement.\n
N.Y. ENV Law § 15-1935 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1935
Contracts
Status: in_force

§ 15-1935. Contracts.\n  1. The department may prepare contracts, plans and specifications for\ndoing such work and furnishing the necessary materials. The work may be\ndivided into several parts and a separate contract let for each. Each\ncontract shall contain a provision that no extra or unspecified work\nshall be certified for payment unless such work is done pursuant to\nwritten order of the department. The form of such contract shall be\napproved by the Attorney General. Contracts shall be executed in\ntriplicate by the department on behalf of the district.\n  2. Bids or proposals for any such contract work shall be called for by\npublishing a notice thereof once a week for two successive weeks in a\nnewspaper published in each county affected by the proposed works, which\nthe department shall select, and in such other papers as the department\nshall direct. The advertisements shall be limited to a brief description\nof the work proposed to be let with an announcement stating where the\nmaps, plans and specifications are on exhibition, of the terms and\nconditions under which bids will be received, the time and place when\nthe same will be opened and such other matters as may be necessary to\ncarry out the provisions of title 19 of this article.\n  3. The Department of Transportation is authorized to furnish copies of\nsuch contract plans and specifications to prospective bidders at a price\nwhich it shall find to be reasonable. Every bid or proposal must be in\nwriting and be accompanied by a money deposit in the form of a draft or\ncertified check upon some national or state bank or trust company within\nthe state in good credit and payable at sight to the department for five\nper cent of the total amount of the proposal. In case the proposer to\nwhom such contract shall be awarded shall fail or refuse to enter into\nsuch contract within the time fixed by the department, such a deposit\nshall be forfeited to the department and paid by it into the drainage\nimprovement district fund; otherwise such deposits shall be returned.\n  4. The proposals received pursuant to the advertisement shall be\npublicly opened and read at the time and place designated. The\ndepartment may reject any or all bids and readvertise and award the\ncontract in the manner herein provided whenever in its judgment the\ninterests of the district will be benefited thereby. No contract, the\ntotal of which exceeds by more than ten per cent the gross cost of the\nwork as estimated by the department, shall be awarded. The contract\nshall be entered into with the person who shall offer to do and perform\nthe same at the lowest price and who will give adequate security for the\nfaithful and complete performance of the contract.  Such security shall\nbe approved as to character and sufficiency by the department and as to\nform by the Attorney General and shall be at least ten per cent of the\namount of the estimated cost of the work according to the contract\nprice.\n  5. If in the judgment of the department, the work upon any contract is\nnot being performed according to the contract, or for the best interests\nof the district, it shall have power to suspend or stop the work under\nsuch contract while it is in progress and it shall thereupon become the\nduty of the department to complete the same in such manner as will\naccord with the contract specifications and be for the best interests of\nthe district, or the contract may be cancelled and readvertised and\nrelet in the same manner above prescribed and any excess in the cost of\ncompleting the contract beyond the price for which the same was\noriginally awarded shall be chargeable to and paid by the contractor\nfailing to perform the work. Partial payments for work actually done may\nbe provided for in the contracts and paid in the manner hereinbefore\nprovided to an amount not to exceed ninety per cent of the contract\nprice. The payments due on account of any such contracts, or for\nnecessary expense or work in connection therewith, shall be paid from\nthe drainage improvement district fund as hereinafter provided.\n
N.Y. ENV Law § 15-1933 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1933
Construction
Status: in_force

§ 15-1933. Construction.\n  1. In general all construction work shall be done by contract, but in\nthe event that the estimated cost of such work or of a specified portion\nthereof shall not exceed the sum of twenty-five thousand dollars, the\ndepartment may, on the recommendation of the Commissioner of\nTransportation, authorize the Commissioner of Transportation to do such\nwork or part of such work by days' work under his direction.\n  2. All costs of supervision and inspection of construction work, costs\nof making surveys, plans and estimates in connection therewith and the\ncosts of taking title to property and any other costs which may be\nincurred in connection with or incidental to such work shall be\nconsidered a part of the cost of such improvement.\n
N.Y. ENV Law § 15-1925 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1925
General apportionment of cost
Status: in_force

§ 15-1925. General apportionment of cost.\n  1. A general apportionment of the cost of the complete system of\ndrainage shall be made as herein described. The total cost determined\nunder the provisions of section 15-1923 shall be equitably apportioned\non the various parcels of land in the district and on such public\ncorporations as the department may find to be justly chargeable with a\npart of such cost in addition to what might be apportioned to them as\nowners of property in the district. Such charge on a public corporation\nshall be expressed as a percentage of the whole cost and only the\nremaining percentage of the cost shall be apportioned on the individual\nproperties.\n  2. The general theory of such apportionment shall be that any parcel\nusing or served by any ditch or part of a ditch shall share in the cost\nof that ditch or part and that share shall be in proportion to the\ndrainage enhancement of that parcel already determined as set forth in\nsection 15-1919 as compared with the sum of such drainage enhancements\nof all the parcels using or served by the same ditch or part of a ditch,\nbut such strict rule may be modified should it lead to inequitable\nresults.\n  3. The department may divide the whole drainage system into individual\nditches and appropriate parts of ditches, estimate for each ditch or\npart the total cost thereof, determine the boundaries of the lands which\nwould use or be served by that ditch or part, subdivide the previously\ndetermined drainage enhancement of each parcel which may be subdivided\nby such boundaries and apportion the total cost of each ditch or part of\na ditch accordingly. Finally all amounts apportioned to any one parcel\nshall be added together and compared with the drainage enhancement of\nthat parcel. Should the total cost apportioned to any parcel exceed the\ndrainage enhancement of that parcel, the design of the drainage system\nor the boundaries of the district shall be changed in such manner that\nfor no parcel shall the costs exceed the enhancements. The department\nmay make a similar apportionment of the cost determined under the\nprovisions of section 15-1923 for such drainage works heretofore done\nwhich in its opinion are useful and may be incorporated into the\ncomplete system of drainage.\n
N.Y. ENV Law § 71-1933 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1933
Violations; criminal liability
Status: in_force

§ 71-1933. Violations; criminal liability.\n  1. Any person who, having any of the culpable mental states defined in\nsection 15.05 of the penal law, shall violate any of the provisions of\ntitles 1 through 5, 9 through 11 and 19 of article 17 or the rules,\nregulations, orders or determinations of the commissioner promulgated\nthereto, or the terms of any permit issued thereunder, shall be guilty\nof a misdemeanor and, upon conviction thereof, shall be punished by a\nfine of not less than three thousand seven hundred fifty dollars nor\nmore than thirty-seven thousand five hundred dollars per day of\nviolation or by imprisonment for a term of not more than one year, or by\nboth such fine and imprisonment. If the conviction is for an offense\ncommitted after a first conviction of such person under this\nsubdivision, punishment shall be by a fine of not more than seventy-five\nthousand dollars per day of violation, or by imprisonment for not more\nthan two years, or by both.\n  2. No prosecution under this section shall be instituted until after\nfinal disposition of an appeal or review, if any, provided by section\n17-0909 or its predecessor, section 1244 of the Public Health Law.\n  3. Any person who with criminal negligence, as defined in section\n15.05 of the penal law,\n  a. violates\n  i. any provision of title 7 or 8 of article 17 of this chapter, or\n  ii. the rules or regulations promulgated thereunder, or\n  iii. any term of any permit issued thereunder, or\n  iv. any requirement imposed in a pretreatment program approved\npursuant to section 402(a)(3) or 402(b)(8) of the Federal Water\nPollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or approved\npursuant to title 7 or 8 of article 17 of this chapter, or\n  v. any final administrative orders issued pursuant to this article\nwhere an opportunity for a hearing is provided, or\n  b. introduces into a sewer system or publicly owned treatment works\nany pollutant or hazardous substance\n  i. when such person knew that such introduction was likely to cause\npersonal injury or property damage, except if that introduction was in\ncompliance with all applicable federal, state or local requirements or\npermits, or\n  ii. which causes the treatment works to violate any term of any permit\nissued under title 7 or 8 of article 17 of this chapter or the rules or\nregulations promulgated thereunder except if that introduction was in\ncompliance with all applicable federal, state or local requirements or\npermits; shall be guilty of a class A misdemeanor.\n  4. Any person who knowingly, as defined in section 15.05 of the penal\nlaw,\n  a. violates\n  i. any provision of title 7 or 8 of article 17 of this chapter, or\n  ii. the rules or regulations promulgated thereunder, or\n  iii. any term of any permit issued thereunder, or\n  iv. any requirement imposed in a pretreatment program approved\npursuant to section 402(a)(3) or 402(b)(8) of the Federal Water\nPollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or approved\npursuant to title 7 or 8 of article 17 of this chapter, or\n  v. any final administrative orders issued pursuant to this article\nwhere an opportunity for a hearing was provided, or\n  b. introduces into a sewer system or publicly owned treatment works\nany pollutant or hazardous substance\n  i. when such person knew that such introduction was likely to cause\npersonal injury, except if that introduction was in compliance with all\napplicable federal, state or local requirements or permits, or\n  ii. which causes the treatment works to violate any term of any permit\nissued under title 7 or 8 of article 17 of this chapter or the rules or\nregulations promulgated thereunder except if that introduction was in\ncompliance with all applicable federal, state or local requirements or\npermits; shall be guilty of a class E felony.\n  5. Any person who intentionally, as defined in section 15.05 of the\npenal law,\n  a. violates\n  i. any provision of title 7 or 8 of article 17 of this chapter, or\n  ii. the rules or regulations promulgated thereunder, or\n  iii. any term of any permit issued thereunder, or\n  iv. any final administrative orders issued pursuant to this article\nwhere an opportunity for a hearing was provided, and\n  b. knows at that time that he thereby places another person who is not\na participant in the crime in imminent danger of death or serious bodily\ninjury shall be guilty of a class C felony.\n  c. for the purpose of paragraphs a and b of this subdivision:\n  in determining whether a defendant who is an individual knew that his\nconduct placed another person in imminent danger of death or serious\nbodily injury\n  (a) the person is responsible only for actual awareness or actual\nbelief that he possessed; and\n  (b) knowledge possessed by a person other than the defendant but not\nby the defendant himself may not be attributed to the defendant.\n  6. For purposes of subdivisions three, four and five of this section,\na single operational upset which leads to simultaneous violations of\nmore than one pollutant parameter shall be treated as a single\nviolation.\n  7. Any person who, with intent to deceive, makes any false material\nstatement, representation, or certification in any application, record,\nreport, plan or other document filed or required to be maintained\npursuant to title 7 or 8 of article 17 of this chapter or who\nintentionally falsifies, tampers with, or renders inaccurate any\nmonitoring device or method required to be maintained pursuant to title\n7 or 8 or article 17 of this chapter shall be guilty of a class E\nfelony.\n  8. a. When a person is convicted of a crime under the provisions of\nthis section, the sentence of the court shall be as follows:\n  i. A fine, as set forth in paragraph b of this subdivision;\n  ii. A sentence of imprisonment, as set forth in paragraph c of this\nsubdivision; or\n  iii. Any combination of such fine or imprisonment.\n  b. Fines. A sentence to pay a fine shall be a sentence to pay an\namount fixed by the court, not exceeding:\n  i. $750,000 for a class C felony committed by an organization as\ndefined in section 71-1932 of this title;\n  ii. $375,000 for a class C felony;\n  iii. $75,000 per day of continuing violation for a class E felony\ndefined under subdivision four of this section but in no event less than\n$7,500; and $15,000 for a class E felony defined under subdivision seven\nof this section;\n  iv. $37,500 per day of continuing violation for a class A misdemeanor\nbut in no event less than $3,750.\n  c. Imprisonment. A sentence of imprisonment shall be a sentence of\nimprisonment authorized by article seventy of the penal law.\n  9. All prosecutions under this section shall be instituted by the\ndepartment or the commissioner and shall be conducted by the Attorney\nGeneral in the name of the people of the state of New York.\n  10. In the prosecution of any criminal proceeding under this section\nby the Attorney General and, in any proceeding before a grand jury in\nconnection therewith, the Attorney General shall exercise all the powers\nand perform all the duties which the District Attorney would otherwise\nbe authorized or required to exercise or perform, and in such a\nproceeding the District Attorney shall exercise such powers and perform\nsuch duties as are requested of him by the Attorney General.\n
N.Y. ENV Law § 15-1955 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1955
Proceedings for assessment and collection of cost
Status: in_force

§ 15-1955. Proceedings for assessment and collection of cost.\n  1. Except as otherwise provided by law, all costs and expenses\nnecessary for the formation, improvement and maintenance of a drainage\nimprovement district shall be met from funds collected from the owners\nof lands benefited or affected or from public corporations as provided\nin title 19 of this article. The fiscal year shall start on the first\nday of July.\n  2. On or before the first day of July each year the department shall\nprepare and file for each existing or proposed district having\noutstanding indebtedness or for which the borrowing of money has been\nauthorized, an itemized statement of the amounts that must be collected\non the tax roll to be prepared that year to meet the fiscal obligations\nof the district for the following fiscal year, including retirement of\noutstanding or contemplated evidences of indebtedness, interest thereon,\nrepayments to the drainage fund and all other costs of whatever name or\nnature. Such statement shall set forth separately each project or parts\nof a project or other items in such manner as to facilitate the\npreparation of the tax rolls as herein provided. The total of each such\nitem shall further be subdivided to show the amount thereof to be paid\nby each county, town, city or village and the amount to be levied on the\nindividual properties. This last amount shall be further subdivided to\nshow the total amount to be levied and collected in each county, town,\ncity or village, all as previously determined by the department.\n  3. Such statement shall be approved as to the various amounts by the\nComptroller. Certified copies of each statement shall be filed with the\nComptroller, with the clerk of the county legislative body, or such\nother similar official as shall have been designated by the county\nlegislative body, the clerk of each town and the clerk of each city or\nvillage affected thereby.\n  4. The amount shown on each statement to be due from any county, town,\ncity or village shall be by such municipality assessed, levied and\ncollected in the same manner as provided by law with reference to\ngeneral taxes and paid to the treasurer of the county, who shall\nforthwith forward the same to the Comptroller to be paid by him into the\ndrainage improvement district fund applicable to such district or\nproposed district or into the drainage fund. That portion of each such\nitem which is to be levied on the individual properties in any town or\ncity shall be handled as follows. The appropriate board of assessors\nshall ascertain from the maps filed and apportionment of cost filed or\nrecorded, the various parcels liable for any part of such item and shall\nenter in appropriate columns in the annual assessment roll before the\ndelivery thereof to the county legislative body the number of each such\nparcel, the name of the owner as far as the same can be ascertained by\nthe assessors and the figure to be used in determining the amount to be\nborne by each parcel, be it area, enhancements, modified enhancements,\nassessed valuation or percentage, all as shown by the above-mentioned\nmaps or statements. Should a parcel have been subdivided, each division\nshall be so entered separately and the area, enhancement or other\nfigures shall be subdivided accordingly by the assessors.\n  5. The county legislative body shall each year, at the time the annual\ntax levy is made, levy upon each separate parcel so shown on the\nassessment rolls an amount which shall bear the same relation to the\ntotal to be collected as shown by the annual statement as the area,\nenhancement or similar figure assigned to that parcel bears to the total\nof all such areas, enhancements or similar figures. Should the board of\nsupervisors discover errors in the work of the assessors, they hereby\nare specifically empowered to correct the same so that the full amount\nshown by the annual statement of the department shall be assessed upon\nthe properties liable therefor and it shall be the duty of the assessors\nto aid the county legislative body in making such corrections.\n  6. The amount so levied shall be collected and shall be a like lien as\ngeneral taxes until the amount thereof is paid to the county treasurer,\nsuperior in force and effect to all other liens except unpaid general\ntaxes, provided, however, that the collection of such tax shall be\nenforced only by sale of the land or property assessed. On or before the\nfirst day of June in each year the county treasurer shall pay the amount\nso to be raised in his county, as shown by the annual statement of the\ndepartment of the previous year, to the Comptroller who shall pay the\nsame into the drainage improvement district fund or into the drainage\nfund as the case may be. The tax collectors and county treasurers\ncollecting and paying such taxes to the Comptroller shall be governed by\nand have all the powers specified in the Real Property Tax Law, which\nformerly were specified in articles 4 and 7 of the Tax Law for the\ncollection of taxes and sale of property by county treasurers for unpaid\ntaxes and redemption of lands.\n
N.Y. ENV Law § 71-1945 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1945
Enforcement of title 21 of article 17
Status: in_force

§ 71-1945. Enforcement of title 21 of article 17.\n  1. Except as otherwise provided in this section, any person who\nviolates any provision of title 21 of article 17 of this chapter or any\nrule, regulation or order issued thereunder shall be liable to the\npeople of the state for a civil penalty not to exceed five hundred\ndollars for a first violation, and not to exceed one thousand dollars\nfor each subsequent violation, to be assessed by the commissioner after\na hearing or opportunity to be heard.\n  2. Any owner or owner's agent, or occupant of a household who violates\nany provision of title 21 of article 17 of this chapter or any rule,\nregulation or order issued thereunder shall, for a first violation be\nissued a written warning and be provided educational materials. Upon a\nsecond violation, the owner or owner's agent, or occupant of a household\nshall be liable to the people of the state for a civil penalty not to\nexceed one hundred dollars, and for any subsequent violations shall be\nliable to the people of the state for a civil penalty not to exceed two\nhundred fifty dollars. No owner or owner's agent of a household shall be\nheld liable for any violation by an occupant. Such penalties may be\nassessed by the commissioner after a hearing or opportunity to be heard.\n
N.Y. ENV Law § 71-1935 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1935
Emergencies excepted
Status: in_force

§ 71-1935. Emergencies excepted.\n  The civil and criminal liabilities imposed by sections 71-1929 and\n71-1933 of this title upon persons violating the provisions of titles 1\nthrough 11 inclusive and title 19 of article 17 and by sections 71-1929\nand 71-1933 of this title shall not be construed to include any\nviolation which was caused by an act of God, war, strike, riot or other\ncatastrophe as to which negligence or willful misconduct on the part of\nsuch person was not the proximate cause.\n
N.Y. PBA Law § 2472 — New York Code / Act PBA / Article 8 / Title 19 / Section 2472
Reserve fund
Status: in_force

* § 2472. Reserve fund. 1. The authority may create and establish one\nor more reserve funds to be known as debt service reserve funds and may\npay into such reserve funds (a) any payments received from a\nparticipating municipality (b) any moneys appropriated and made\navailable by the state for the purposes of such funds (c) any proceeds\nof sale of bonds and notes to the extent provided in the resolution of\nthe authority authorizing the issuance thereof (d) any moneys directed\nto be transferred by the authority to such funds, and (e) any other\nmoneys which may be made available to the authority for the purposes of\nsuch funds from any other source or sources. The moneys held in or\ncredited to any debt service reserve fund established under this\nsubdivision, except as hereinafter provided, shall be used solely for\nthe payment of the principal of and interest on bonds of the authority\nsecured by such reserve fund, as the same mature, required payments to\nany sinking fund established for the amortization of such bonds\n(hereinafter referred to as "sinking fund payments"), the purchase or\nredemption of such bonds of the authority or the payment of any\nredemption premium required to be paid when such bonds are redeemed\nprior to maturity; provided, however, that moneys in any such fund shall\nnot be withdrawn therefrom at any time in such amount as would reduce\nthe amount of such fund to less than the maximum amount of principal and\ninterest maturing and becoming due in the then current or any succeeding\ncalendar year on the bonds of the authority then outstanding and secured\nby such reserve fund, except for the purpose of paying principal and\ninterest on the bonds of the authority secured by such reserve fund\nmaturing and becoming due and sinking fund payments for the payment of\nwhich other moneys of the authority are not available. Any income or\ninterest earned by, or increment to, any such debt service reserve fund\ndue to the investment thereof may be transferred to any other fund or\naccount of the authority to the extent it does not reduce the amount of\nsuch debt service reserve fund below the maximum amount of principal and\ninterest maturing and becoming due in the then current or any succeeding\ncalendar year on all bonds of the authority then outstanding and secured\nby such reserve fund. In computing the amount of any debt service\nreserve fund for the purposes of this section, securities in which all\nor a portion of such reserve fund are invested shall be valued at par if\npurchased at par or, if purchased at other than par, at amortized value.\n  2. The authority shall not issue bonds at any time if the maximum\namount of principal and interest maturing and becoming due in the then\ncurrent or any succeeding calendar year on the bonds outstanding and\nthen to be issued and secured by a debt service reserve fund will exceed\nthe amount of such reserve fund at the time of issuance, unless the\nauthority, at the time of issuance of such bonds, shall deposit in such\nreserve fund from the proceeds of the bonds so to be issued, or\notherwise, an amount which together with the amount then in such reserve\nfund, will be not less than the maximum amount of principal and interest\nmaturing and becoming due in the then current or any succeeding calendar\nyear on the bonds then to be issued and on all other bonds of the\nauthority then outstanding and secured by such reserve fund.\n  3. To assure the continued operation and solvency of the authority for\nthe carrying out of the public purposes of this act, provision is made\nin subdivision one of this section for the accumulation in each debt\nservice reserve fund of an amount equal to the maximum amount of\nprincipal and interest maturing and becoming due in the then current or\nany succeeding calendar year on all bonds of the authority then\noutstanding and secured by such reserve fund.\n  4. Upon full amortization of any outstanding bonds issued for the\nacquisition, construction or rehabilitation of sports facilities, the\nauthority is empowered to provide for the transfer or sale of such\nfacilities to the participating municipality.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 71-1913 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1913
Enforcement of section 17-1713
Status: in_force

§ 71-1913. Enforcement of section 17-1713.\n  1. Any board of health named in subdivision 1 of section 17-1713 shall\nexamine into any alleged offense against section 17-1713 within its\njurisdiction and cause the same to be abated, by injunction or\notherwise, if found to exist.\n  2. Any person violating any provision of section 17-1713 shall be\nguilty of a misdemeanor, and punishable by a fine of not more than five\nhundred dollars or by imprisonment for not more than one year or by both\nsuch fine and imprisonment.\n
N.Y. ENV Law § 15-1953 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1953
Drainage improvement district fund
Status: in_force

§ 15-1953. Drainage improvement district fund.\n  Moneys received under the provisions of title 19 of this article shall\nconstitute a fund to be known as the drainage improvement district fund,\nand the portion thereof applicable to each improvement shall be\nseparately kept by the Comptroller, and the Comptroller is authorized\nand directed to pay therefrom the principal and interest of such\nobligations as the same mature and become payable by the terms thereof,\nand the costs and expenses of such improvement and the maintenance\nthereof upon the order of the department or the authorized officer\nthereof.\n
N.Y. ENV Law § 15-1981 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1981
Powers of association; limitations; voluntary dissolution
Status: in_force

§ 15-1981. Powers of association; limitations; voluntary dissolution.\n  1. The association shall have:\n  a. Power to construct, maintain and keep in repair the drainage\nproject described in the articles of association;\n  b. Power to sue and be sued and to enter into contracts to carry out\nits purposes;\n  c. Power to make application, pursuant to section 15-1983, to acquire\nthe right to construct, maintain and keep in repair, on the lands of\nothers, that part of the drainage project as so described in the\narticles of association; and\n  d. No power to issue bonds or other evidences of indebtedness.\n  2. All actions of the association shall be taken by a majority vote,\nexcept as hereinafter provided, of those members present at a duly\ncalled meeting at which a quorum is present. Each member shall have but\none vote regardless of the number of parcels of drainable acreage owned\nby him and included within the drainage section. If there be more than\none owner of a parcel or parcels of drainable acreage, such owners shall\nbe entitled collectively to but one vote.\n  3. No drainage section association shall be formed in an area within a\npresently existing drainage improvement district. The formation of such\nan association shall not prevent the inclusion of the aggregate drained\nacreage within a drainage improvement district hereafter created, in\nwhich event the association shall be deemed to be dissolved, except for\nthe purpose of meeting and paying its existing liabilities for debts,\ncosts, expenses and fees.\n  4. A voluntary petition to dissolve the association may be made to the\nSupreme Court upon petition of the president of the association when\nauthorized to do so by the affirmative votes of three-fourths of the\nmembers present at a special meeting called for that sole purpose and at\nwhich a quorum is present. Ten days' notice, in writing of the time and\nplace of the presentation of such a petition shall be given to all\nmembers and to non-members, if any, upon whose lands drainage works\nshall have been constructed in accordance with the articles of\nassociation. Public notice of the presentation of the petition shall\nalso be given by a notice stating the time and place of such\npresentation, published once in two consecutive weeks prior to such time\nin a paper published in the county in which the articles of association\nhave been recorded. The court, after hearing all interested persons, may\ngrant an order dissolving the association, upon such terms and\nconditions as in its discretion are merited. The court shall not grant\nsuch order in the absence of proof that the association has no\noutstanding indebtedness. An order dissolving the association shall be\nrecorded in the office of the county clerk in which the articles of\nassociation have been recorded and shall direct the county clerk to\nindex it under the name of the association in the index of grantors of\nreal property.\n
N.Y. ENV Law § 15-1917 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1917
Surveys and maps
Status: in_force

§ 15-1917. Surveys and maps.\n  1. The department may proceed to make such survey of the district as\nmay be found to be necessary. It shall prepare maps of such district\nshowing natural and artificial features as may be needed, the boundaries\nof the district, the boundaries and area of each parcel of land in the\ndistrict together with the name of the owner thereof so far as the same\nreadily may be ascertained. When a parcel is intersected by a county,\ntown, village or city line, the area in each such political subdivision\nshall be given. Each parcel of land or each subdivision thereof shall be\ndesignated by a number. In the course of the proceeding further\nsubdivision of parcels may be made if necessary or convenient.\n  2. The department may then determine the enhancement accruing to each\nsuch parcel due to drainage as provided in sections 15-1919 and 15-1921,\nprepare designs and estimates for drainage works as provided in section\n15-1923, prepare a general apportionment of cost as provided in section\n15-1925 and 15-1927, and fix the final boundaries of the district as\nprovided in section 15-1927.\n
N.Y. ENV Law § 17-1903 — New York Code / Act ENV / Article 17 / Title 19 / Section 17-1903
Contracts for construction of sewage treatment works
Status: in_force

§ 17-1903. Contracts for construction of sewage treatment works.\n  1. As used in this section:\n  a. "Sewage treatment works" means a facility for the purpose of\ntreating, neutralizing or stabilizing sewage, including treatment or\ndisposal plants, the necessary intercepting, outfall and outlet sewers,\npumping stations integral to such plants or sewers, equipment and\nfurnishings thereof and their appurtenances.\n  b. "Construction" means the erection, building, acquisition,\nalteration, reconstruction, improvement or extension of sewage treatment\nworks; the inspection and supervision thereof; and the engineering,\narchitectural, legal, fiscal and economic investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures,\nand other actions necessary thereto.\n  c. "Eligible project" means a project for the construction of sewage\ntreatment works, (1) for which a permit has been issued pursuant to\nsection 17-0701 of this article, (2) which is, in the judgment of the\ncommissioner, in accord with applicable comprehensive studies and\nreports made pursuant to section 17-1901, if any, (3) which is, in the\njudgment of the commissioner, eligible for federal pollution abatement\nassistance, whether or not federal funds are then available therefor,\n(4) which conforms with applicable rules and regulations of the\ncommissioner, (5) which is, in the judgment of the commissioner,\nnecessary for the accomplishment of the state water pollution control\nprogram, and (6) either (a) the erection, building, acquisition,\nalteration, reconstruction, improvement or extension of which is\ncommenced or is to be commenced between the date on which this act\nbecomes a law and March 31, 1972, or (b) any portion of the erection,\nbuilding, acquisition, alteration, reconstruction, improvement or\nextension of which is undertaken between the date on which this act\nbecomes a law and March 31, 1972.\n  d. "Municipality" means any county, city, town, village, district\ncorporation, county or town improvement district, or sewer authority now\nexisting in a city, the New York State Environmental Facilities\nCorporation acting pursuant to subdivision three of section twelve\nhundred eighty-five of the public authorities law, or any two or more of\nthe foregoing which are acting jointly in connection with an eligible\nproject.\n  e. "Federal pollution abatement assistance" means funds available to a\nmunicipality, either directly or through allocation by the state, from\nthe federal government as grants for construction of sewage treatment\nworks, pursuant to section 6 of the Federal Water Pollution Control Act\nas enacted by section 1 of the Federal Water Pollution Control Act\namendments of 1956 and acts amendatory thereto.\n  f. "Federal assistance" means funds available, other than by loan,\nfrom the federal government to a municipality, either directly or\nthrough allocation by the state, for construction of sewage treatment\nworks or which are used for such construction, pursuant to the Federal\nWater Pollution Control Act and acts amendatory thereto or pursuant to\nany other federal law or program.\n  2. For the purpose of discharging the state responsibility with\nrespect to the protection and promotion of the health of the inhabitants\nof the state by the provision of sewage treatment works, the\ncommissioner, in the name of the state, may enter into contracts with\nmunicipalities having power to construct, operate and maintain sewage\ntreatment works, and any such municipality may enter into a contract\nwith the commissioner, concerning eligible projects. Any such contract\nmay include such provisions as may be agreed upon by the parties\nthereto, and shall include, in substance, the following provisions:\n  a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n  b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction of each phase of the project (said phases\nto be construction of interceptors, substructure, superstructure,\noutfalls or other similar major components of a project), subject to\nfinal computation and determination of the state grant upon completion\nof the entire project reflecting the actual eligible cost thereof, a\nportion of the cost of the project representing the part of the\nnon-municipal share of the cost of the project that is not paid by the\nfederal government, determined in the following manner:\n  (1) An amount equal to thirty per cent of the actual cost of the\nproject, or an amount equal to thirty per cent of the estimated\nreasonable cost of the project, whichever is lower, provided, however,\nthat the state payment under this subparagraph shall be reduced by the\namount of any federal assistance received or to be received by the\nmunicipality which is in excess of sixty per cent of the cost of the\nproject, together with,\n  (2) If necessary to limit the municipal share of the cost of the\nproject to forty per cent, an additional amount which when added to the\namount of federal assistance, if any, received or to be received by the\nmunicipality, equals thirty per cent of the actual cost of the project,\nor equals thirty per cent of the estimated reasonable cost of the\nproject, whichever is lower.\n  c. An agreement by the municipality\n  (1) To proceed expeditiously with, and complete, the project in\naccordance with plans approved pursuant to section 17-0701;\n  (2) To commence operation of the sewage treatment works on completion\nof the project, and not to discontinue operation or dispose of the\nsewage treatment works without the approval of the commissioner;\n  (3) to operate and maintain the sewage treatment works in accordance\nwith applicable provisions of this article, the state sanitary code and\nrules and regulations of the commissioner;\n  (4) to apply for and make reasonable efforts to secure federal\nassistance for the project;\n  (5) to secure the approval of the commissioner before applying for\nfederal pollution abatement assistance, in order to maximize the amounts\nof such assistance received or to be received for all projects in New\nYork state, including amounts for reimbursement of payments made by the\nstate pursuant to subparagraph (2) of paragraph b of this subdivision;\nand\n  (6) to provide for the payment of the municipality's share of the cost\nof the project.\n  d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment pursuant to\nparagraph b of this subdivision becomes available to the municipality,\nthe amount of the state payment shall be recalculated with the inclusion\nof such additional federal assistance and the municipality shall either\n(1) pay to the state the amount by which the state payment actually made\nexceeds the state payment determined by the recalculation or, (2) if\nsuch additional federal assistance has not been received by the\nmunicipality, authorize the state to receive and retain such amount from\nthe federal government.\n  3. The commissioner may adopt rules and regulations pursuant to\nsubdivision 2 of section 17-0303 governing the making and enforcing of\ncontracts pursuant to this section.\n  4. All contracts entered into pursuant to this section shall be\nsubject to approval by the state comptroller, and by the attorney\ngeneral as to form. All payments by the state pursuant to such contracts\nshall be made after audit by and upon the warrant of the comptroller on\nvouchers approved by the commissioner.\n  5. The commissioner shall prepare and file with the department an\nannual report on the scope and results of construction undertaken\npursuant to this section.\n  6. In connection with each contract concerning an eligible project the\ncommissioner shall keep adequate records of the amount of the payment by\nthe state pursuant to subparagraph (2) of paragraph b of subdivision 2\nof this section, and of the amount of federal assistance received by the\nmunicipality. Such records shall be retained by the commissioner and\nshall establish the basis for application for federal reimbursement of\nsuch payments made by the state. The commissioner is hereby authorized\nto make such applications in appropriate cases.\n  7. In the event that a project is an eligible project by reason of\nclause (b) of subparagraph (6) of paragraph c of subdivision 1 of this\nsection rather than by reason of clause (a) of such subparagraph, then\nthe estimated reasonable cost of the project determined pursuant to\nparagraph a of subdivision 2 of this section and the actual cost of the\nproject for the purpose of subparagraphs (1) and (2) of paragraph b of\nsuch subdivision shall be calculated only with respect to that portion\nof the erection, building, acquisition, alteration, reconstruction,\nimprovement or extension of the sewage treatment works which is\nundertaken after the date on which this act becomes a law.\n  8. The commissioner may advance funds to a municipality in accordance\nwith the following provisions:\n  a. Prior to entering into a contract authorized by subdivision 2 of\nthis section, the commissioner may advance funds to a municipality, in\nan amount up to five per cent of the estimated reasonable cost of an\neligible project as determined by the commissioner, for the purpose of\nassisting the municipality in defraying expenses of an eligible project\nincurred in advance of construction. This advance shall be payable, upon\nthe warrant of the comptroller on a voucher approved by the\ncommissioner, after formal acceptance by the municipality of the federal\npollution abatement assistance offered pursuant to the provisions of the\nFederal Water Pollution Control Act and amendments thereto or at the\ndiscretion of the commissioner after state submission of the project to\nthe federal government and in the absence of a federal offer.\n  b. The amount of the advance shall be deducted from the amount of the\nstate payment to be made to the municipality, pursuant to the agreement\nof the commissioner with the municipality, when construction of the\nentire project is one-half completed.\n  c. The municipality shall initiate construction of the project within\nthe time specified in the approved project which, in any event, shall\nnot be later than two years after the date of such advance of funds. If\nconstruction is not initiated within such time, the amount of the\nadvance shall be repaid to the state. Whenever such municipality shall\nfail to make any such repayment to the state, upon request of the\ncommissioner, the state comptroller shall cause to be withheld from\nstate-collected, locally-shared taxes or state aid, whichever he shall\ndetermine and to which such municipality would otherwise be entitled, a\nsum sufficient to reimburse the state for the amount due and owing the\nstate.\n  9. To the extent that funds available pursuant to chapter 176 of the\nlaws of 1965 (Pure Waters Bond Act) are not needed to finance the state\nshare of projects, the construction of which was undertaken prior to\nApril 1, 1972, the commissioner is authorized to provide assistance to\nmunicipalities for the construction of "water quality improvement\nprojects" as defined in section 51-0303 of this chapter. The use of\nfunds as authorized by this subdivision will be governed by the\nprovisions of titles 1 and 3 of article 51 of this chapter, provided\nhowever, that subdivisions 1 through 8 of this section will continue to\napply to projects construction of which was undertaken prior to April 1,\n1972.\n
N.Y. ENV Law § 27-1905 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1905
Mandatory tire acceptance; notices
Status: in_force

§ 27-1905. Mandatory tire acceptance; notices.\n  1. A tire service that maintains a physical retail location in the\nstate shall, until December thirty-first, two thousand twenty-seven:\n  (a) accept from a customer, waste tires of approximately the same size\nand in a quantity equal to the number of new tires purchased or\ninstalled by the customer;\n  (b) post written notice in a prominent location, which must be at\nleast eight and one-half inches by fourteen inches in size and contain\nthe following language:\n  "New York State law requires us to accept and manage waste tires from\nvehicles in exchange for an equal number of new tires that we sell or\ninstall. Tire retailers are required to charge a separate and distinct\nwaste tire management and recycling fee of $2.50 for each new tire sold.\n  The retailers in addition are authorized, at their sole discretion, to\npass on waste tire management and recycling costs to tire purchasers.\nSuch costs may be included as part of the advertised price of the new\ntire, or charged as a separate per-tire charge in an amount not to\nexceed $2.50 on each new tire sold."\n  The written notice shall also contain one of the following statements\nat the end of the aforementioned language and as part of the notice,\nwhich shall accurately indicate the manner in which the tire service\ncharges for waste tire management and recycling costs, and the amount of\nany charges that are separately invoiced for such costs:\n  "Our waste tire management and recycling costs are included in the\nadvertised price of each new tire.", or\n  "We charge a separate per-tire charge of $____ on each new tire sold\nthat will be listed on your invoice to cover our waste tire management\nand recycling costs."; and\n  (c) ensure that any retail advertisement of promotional material\nprovided by or on behalf of the tire service that lists a tire price\nwhich does not include waste tire management and recycling costs\ncontains one of the following statements conspicuously located in or on\nthe advertisement and in the same font as the advertised price of the\ntire: "Additional fees relating to tire management and recycling costs\nmay apply," or, "We charge a separate per-tire charge of $____ on each\nnew tire sold that will be listed on your invoice to cover our waste\ntire management and recycling costs where applicable." Where the latter\nstatement is used, it shall list the amount of the separate per-tire\ncharge.\n  2. A tire service that does not maintain a physical retail location in\nthe state shall, until December thirty-first, two thousand twenty-seven\nmake viewable to a customer in the state a statement, prior to the\npurchase of new tires, that contains the following language:\n  "New York state law requires tire retailers to charge a separate and\ndistinct waste tire management and recycling fee of $2.50 for each new\ntire sold."\n
N.Y. ENV Law § 15-1945 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1945
Minor repairs in existing drainage ditches
Status: in_force

§ 15-1945. Minor repairs in existing drainage ditches.\n  1. Repairs of a minor nature may be made to ditches heretofore\nconstructed by assessment under the former drainage law, or the laws\nfrom which it was derived or under the provisions of this or any other\ngeneral or special law by following the procedure set forth in section\n15-1943 so far as it is applicable. The total cost of such repairs shall\nnot exceed the sum of five thousand dollars on any one ditch for work\ndone under one proceeding. The cost of such work shall be paid for out\nof the drainage fund provided by section 15-1957 hereof.\n  2. When such repairs or enlargements shall be finished, it shall be\nthe duty of the department to make up an itemized account of the cost\nincurred in the making of such repairs or enlargements and to file the\nsame as provided in section 15-1955 and such cost shall thereafter be\nassessed and collected within not to exceed three years as therein\nprovided and as further provided herein. The expenses of such repairs\nand enlargements shall be apportioned among the premises to which were\noriginally apportioned the cost of construction of such ditch or\nditches, as shown by the apportionment made for such original\nconstruction and filed in the county clerk's office or elsewhere\naccording to the valuation thereof on the last completed assessment roll\nor the drainage enhancements thereof, if such have been determined.\n  3. In case any public corporations have contributed to the\nconstruction of such ditch or ditches, such public corporations shall be\nliable for the repair or enlargement of the ditch or ditches, in the\nsame proportion that they were originally assessed for the construction\nof the same, which shall also be levied and collected out of the taxable\ninhabitants of such public corporation in the same manner that other\ntaxes are levied and collected in the corporation.\n
N.Y. ENV Law § 15-1937 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1937
Operation and maintenance
Status: in_force

§ 15-1937. Operation and maintenance.\n  1. The care, operation and maintenance of the drainage works in a\ndrainage improvement district shall be subject to the control and\nsupervision of the department. It shall be the duty of the department,\nwithin the limit of the funds made available for that purpose, to\nmaintain the drainage works in the district in serviceable condition.\n  2. The drainage association shall consider and make recommendations\nwith regard to extensions and maintenance work annually and the\ndepartment may make recommendations with regard thereto to be submitted\nto the association for discussion.\n  3. For such maintenance work the department is authorized to hire\nemployees, purchase or rent land, buildings, tools, machinery or\nsupplies, to let work by contract or to carry out projects by day labor.\n  4. The procedure to be followed for the authorization, financing and\nassessment of the cost of such work purchases shall be that specified in\nsections 15-1941 or 15-1943, whichever is applicable, or the proceedings\nmay be initiated by the department of its own motion. In cases where a\npermanent maintenance or operating force is necessary, the department\nmay annually prepare a maintenance budget which shall be treated as a\nrepair project under section 15-1943.\n
N.Y. ENV Law § 15-1941 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1941
Major repairs of drainage works
Status: in_force

§ 15-1941. Major repairs of drainage works.\n  1. Major repairs, alterations, extensions and improvements of drainage\nworks for a drainage improvement district may be made by the department\non petition therefor and after procedure thereon similar to that\nspecified in section 15-1931 for original construction.  If additional\nsurveys are required, they may be authorized as provided in sections\n15-1911, 15-1913, 15-1915 and 15-1917, except that the cost of surveys\nand other expenses may be included in the cost of the improvement and\nassessed on the properties to be served thereby in accordance with the\napportionment of cost of the repairs.\n  2. Except where the department shall otherwise determine, the cost of\nimprovements and repairs to a ditch already built under the provisions\nof title 19 of this article, or of any former drainage laws, shall be\napportioned in the same manner as the original cost was apportioned, but\nthe department may make a new apportionment by following the procedure\nabove specified.\n
N.Y. ENV Law § 15-1907 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1907
Drainage improvement associations
Status: in_force

§ 15-1907. Drainage improvement associations.\n  1. There shall be in each drainage improvement district an association\nto be known by the name of the district, as ............. ............\nDrainage Improvement Association. It shall be the object of this\nassociation to represent the interests of its members in drainage\nmatters before the department and elsewhere and to serve as a channel of\ncommunication between the members thereof and the department. Each owner\nof land within the district, each lessee of such land and each person\nwho has contracted to purchase such land shall be a member of and shall\nhave an equal vote in the association. Such association may be formed\nvoluntarily as soon as the department has filed its first description of\nthe boundaries of the district. As soon as practicable after recording\nthe final order creating a district, the association, if already formed,\nshall call a meeting of the members of the association and perfect a\npermanent organization.\n  2. If no association has been formed, the department may call a\nmeeting for the purpose of forming such association and a representative\nof the department shall preside thereat until a temporary chairman is\nelected.  Such association shall adopt by-laws for the transaction of\nits business. The association shall choose from among its members a\npresident, secretary and executive committee and such other officers and\ncommittees as the by-laws may provide. It shall be the duty of the\nsecretary to keep a list of the members and their addresses and to\nfurnish the department with copies of such list on request. The annual\nmeeting of the association shall be held during the month of February in\neach year, at which meeting the officers shall be elected and the\nassociation shall determine upon the drainage maintenance or\nconstruction work desired during the ensuing year.\n  3. Immediately after the close of the annual meeting the secretary of\nthe association shall submit to the department a list of the names and\naddresses of the officers for the year and, if there be such, petitions\nsetting forth the desires of the association and of the members thereof.\n  4. To defray the costs of the necessary meetings, the association may\ncollect dues or contributions from its members.\n
N.Y. PBA Law § 2469 — New York Code / Act PBA / Article 8 / Title 19 / Section 2469
Security for bonds or notes; construction and acquisition of sports facilities
Status: in_force

* § 2469. Security for bonds or notes; construction and acquisition of\nsports facilities. 1. The principal of and interest on any bonds or\nnotes issued by the authority may be secured by a pledge of any revenues\nand receipts of the authority and may be secured by a lease or other\ninstrument covering all or any part of a sports facility, including any\nadditions, improvements, extensions to or enlargements of any sports\nfacilities thereafter made.\n  2. Bonds or notes issued for the acquisition, construction,\nreconstruction, construction of additions to, rehabilitation, or\nimprovement of a sports facility may also be secured by an assignment of\nany lease of such sports facility and by an assignment of the revenues\nand receipts derived by the authority from any such lease.\n  3. Each pledge, agreement, mortgage or other instrument made for the\nbenefit or security of any of the bonds or notes of the authority shall\ncontinue effective until the principal of and interest on the bonds or\nnotes for the benefit of which the same were made shall have been fully\npaid, or until provisions shall have been made for such payment in the\nmanner provided in the resolution or resolutions under which the same\nmay be authorized.\n  4. The authority may provide in any proceedings under which bonds or\nnotes may be authorized that any sports facility or part thereof may be\nconstructed, reconstructed, rehabilitated or improved by the authority,\nor any participating municipality, and may also provide in such\nproceedings for the time and manner of and requisites for disbursements\nto be made for the cost of such construction, and for all such\ncertificates and approvals of construction and disbursements as the\nauthority shall deem necessary and provide for in such proceedings.\n  5. Any pledge of earnings, revenues or other moneys made by the\nauthority shall be valid and binding from the time when the pledge is\nmade; that the earnings, revenues or other moneys so pledged and\nthereafter received by the authority shall immediately be subject to the\nlien of such pledge without any physical delivery thereof or further\nact, and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  6. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the acquisition, construction, reconstruction, construction\nof additions to, improvement and maintenance and operation, repair and\ninsurance of the sports facilities, and the custody, safeguarding and\napplication of all moneys. The authority may provide by such trust\nindenture for the payment of the proceeds of the bonds and the revenues\nof the project to the trustee under such trust indenture or other\ndepository, and for the method of disbursement thereof, with such\nsafeguards and restrictions as it may determine. All expenses incurred\nin carrying out such trust indenture may be treated as a part of the\ncost of maintenance, operation and repairs of the project. If the bonds\nshall be secured by a trust indenture the bondholders shall have no\nauthority to appoint a separate trustee to represent them.\n  * NB (Disbanded March, 1980)\n
N.Y. ENV Law § 11-1904 — New York Code / Act ENV / Article 11 / Title 19 / Section 11-1904
Canned shoots prohibited
Status: in_force

§ 11-1904. Canned shoots prohibited.\n  1. No person who owns, operates or manages a facility that harbors\nnon-native big game mammals shall knowingly permit:\n  a. The taking on such premises by any person who pays a fee to take a\nlive non-native big game mammal by any of the following means:\n  (1) the shooting or spearing of a non-native big game mammal that is\ntied or hobbled;\n  (2) the shooting or spearing of a non-native big game mammal that is\nstaked or attached to any object;\n  (3) the shooting or spearing of a non-native big game mammal that is\nconfined in a box, pen, cage or similar container of ten or less\ncontiguous acres from which there is no means for such mammal to escape;\n  (4) the deliberate release of a non-native big game mammal that is\nconfined in a box, pen, cage or similar container of ten or less\ncontiguous acres in the presence of any person who is, or will be,\nshooting or spearing such non-native big game mammal.\n  b. For purposes of this section:\n  (1) shooting shall mean the discharge of any type of firearm or bow\nand arrow; and\n  (2) spearing shall mean the use of any hand or mechanically propelled\nsingle or multiple pronged pike, blade, or harpoon.\n  2. Nothing contained in this section shall be deemed to prohibit:\n  a. The lawful taking, hunting or trapping of an animal as provided in\nthis chapter or other law, rule or regulation of the state of New York;\nor\n  b. The lawful slaughtering of an animal as provided in the agriculture\nand markets law of New York state or as permitted by the United States\nDepartment of Agriculture; or\n  c. The killing of an animal that is menacing in a manner likely to\ncause serious injury or death to human beings.\n
N.Y. ENV Law § 15-1967 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1967
Changes in project
Status: in_force

§ 15-1967. Changes in project.\n  After such district is formed and the original federal project\nauthorized, major changes in such project, additional federal projects\nor changes in district boundaries necessitated by such federal projects\nmay be authorized or made by following the pertinent portions of the\nprocedure in sections 15-1963 and 15-1965.\n
N.Y. ENV Law § 71-1939 — New York Code / Act ENV / Article 71 / Title 19 / Section 71-1939
Local enforcement
Status: in_force

§ 71-1939. Local enforcement.\n  1. The health commissioner of any county or part-county health\ndistrict or city is hereby authorized and empowered to bring an action\nin any court of competent jurisdiction for the recovery of any penalty\nprovided in section 71-1929 for any violation of the provisions of\ntitles 1 through 11 inclusive and title 19 of article 17 and sections\n71-1929 through 71-1939 of this article occurring in the district or\ncity in which such health commissioner has jurisdiction,\n  a. from a source described in subdivision 5 of section 17-0701, or\n  b. resulting from a failure to comply with the terms of a permit\nissued by such county or city pursuant to subdivision 6 of section\n17-0701.  Such health commissioner may, in his discretion, compromise\nany penalty sued for in such action at any stage thereof before\njudgment.\n  2. Any penalty collected pursuant to this section shall be paid to the\ndistrict or city, except that any penalty for a violation resulting in\nthe killing of fish or shellfish shall be credited to the conservation\nfund established by section 83 of the State Finance Law, and shall be\navailable for the uses and purposes of such fund.\n  3. a. The health commissioner of any county which has been approved by\nthe commissioner pursuant to section 17-1017 of this chapter to\nadminister and enforce a local law or ordinance related to the\nprovisions of title ten of article seventeen of this chapter is hereby\nauthorized and empowered to bring an action in any court of competent\njurisdiction for the recovery of any penalty provided in section 71-1929\nof this title for any violation of title ten of article seventeen of\nthis chapter occurring in the county in which the county health\ncommissioner has jurisdiction.\n  b. All fines and penalties collected pursuant to this subdivision\nshall be paid to the district or county, provided, however, that\none-quarter of such fines and penalties received shall be paid to the\ngeneral fund to the credit of the state purposes account.\n  4. Within three days after bringing any action authorized by this\nsection said health commissioner shall by registered mail serve upon the\nAttorney General and the commissioner a copy of the summons and\ncomplaint, if any, in such action, with a statement as to the date or\ndates of service thereof upon the defendant or defendants, or, if a\ncomplaint has not been served with the summons, a statement of the\nparticulars of the violation or violations upon which such action was\nbased. The Attorney General is hereby authorized to intervene in any\nsuch action in order to protect the interests of the state.\n
N.Y. ENV Law § 15-1901 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1901
Purpose
Status: in_force

§ 15-1901. Purpose.\n  To provide for the drainage of agricultural land to the end that it\nmay be made more productive, and in order to benefit the public health,\nsafety and welfare, the department shall possess the powers and exercise\nthe duties hereinafter prescribed in respect to drainage.\n
N.Y. ENV Law § 15-1947 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1947
Unlawful interference with drainage works
Status: in_force

§ 15-1947. Unlawful interference with drainage works.\n  1. It shall be unlawful for any person to divert water from its\nnatural watershed in such manner that it flows into a drainage district,\nor so to divert water in a drainage district as to prevent it from\nfollowing the course laid out for such water by the department and cause\nit to flow into any stream, ditch or ditches into which it does not\nnaturally or was not designed to flow.\n  2. It shall be unlawful for any person without authorization to\ninterfere with, fill up, alter or change any drainage ditch or other\nstructure constructed under the provisions of title 19 of this article\nor lawfully constructed under the provisions of the conservation or the\ndrainage laws or any other general or special statutes, or without\nauthorization to open or close gates or other regulating works in\nconnection therewith or to construct unauthorized ditches or drains or\nother interference. This shall not be held to prevent the private\nconstruction of drainage works within a district, provided that such\nconstruction is done in accordance with plans approved by the department\nand with its written consent.\n  3. It shall be unlawful to build or maintain across or in such\ndrainage ditch any bridge or culvert which unduly impedes the flow of\nwater in such ditch. No bridge or culvert across or in any drainage\nchannel or ditch within or without a drainage district and necessary to\nthe proper drainage thereof, shall hereafter be built, rebuilt or\naltered by any person or authority except with the written consent and\napproval of the department.\n
N.Y. ENV Law § 27-1903 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1903
Waste tire management priorities
Status: in_force

§ 27-1903. Waste tire management priorities.\n  In the interest of public health, safety and welfare and in order to\nconserve natural resources and to promote recycling and market\ndevelopment for waste tires, the state of New York establishes a policy\non the management of waste tires that states:\n  1. The waste tire management priorities in this state are:\n  (a) first, to reduce the number of waste tires generated;\n  (b) second, to remediate waste tire stockpiles in noncompliance;\n  (c) third, to recycle waste tires into value-added products;\n  (d) fourth, to beneficially use waste tires in an environmentally\nacceptable manner, including the beneficial use in civil engineering\napplications; and\n  (e) fifth, to recover, in an environmentally acceptable manner\nconsistent with the purpose of this chapter, energy from waste tires\nthat cannot be economically recycled or otherwise beneficially used.\n  2. State government must make an essential contribution to the\ndevelopment and implementation of environmentally, economically and\ntechnically viable waste tire management programs. The department shall\ncooperate with other state agencies, including the department of\neconomic development, New York state energy research and development\nauthority, the department of transportation, the New York state thruway\nauthority and the department of health, to ensure that waste tires are\neffectively managed and used in environmentally acceptable ways\nconsistent with the purposes of this chapter.\n
N.Y. ENV Law § 27-1913 — New York Code / Act ENV / Article 27 / Title 19 / Section 27-1913
Waste tire management and recycling fee
Status: in_force

§ 27-1913. Waste tire management and recycling fee.\n  1. Until December thirty-first, two thousand twenty-seven, a waste\ntire management and recycling fee of two dollars and fifty cents shall\nbe charged on each new tire sold. The fee shall be paid by the purchaser\nto the tire service at the time the new tire or new motor vehicle is\npurchased; provided, however, that the fee shall be paid by a purchaser\nto a tire service upon installation of new tires unless the purchaser\ncan demonstrate that the fee was previously paid to the seller.\n  The waste tire management and recycling fee does not apply to recapped\ntires.\n  2. Until December thirty-first, two thousand twenty-seven, the tire\nservice shall collect the waste tire management and recycling fee from\nthe purchaser at the time of the sale and shall remit such fee to the\ndepartment of taxation and finance with the quarterly report filed\npursuant to subdivision three of this section.\n  (a) The fee imposed shall be stated as an invoice item separate and\ndistinct from the selling price of the tire.\n  (b) A tire service that maintains a physical retail location in the\nstate shall be entitled to retain an allowance of twenty-five cents per\ntire from fees collected.\n  3. Each tire service that is a "person required to collect tax" as\ndefined in section eleven hundred thirty-one of the tax law shall make a\nreturn to the department of taxation and finance on such form and\nincluding such information as the commissioner of taxation and finance\nmay require. Such returns shall be due at the same time and for the same\nperiods as the sales tax return of such tire service, in accordance with\nsection eleven hundred thirty-six of the tax law, and payment of all\nfees due for such periods shall be remitted with such returns.\n  4. All waste tire management and recycling fees collected by the\ndepartment of taxation and finance shall be transferred to the waste\nmanagement and cleanup fund pursuant to section ninety-two-bb of the\nstate finance law.\n  5. (a) The provisions of article twenty-eight of the tax law,\nincluding the provisions relating to definitions, exemptions, returns,\npersonal liability for the tax, collection of tax from the customer,\npayment of tax and the administration of the tax imposed, shall apply to\nthe provisions of this section in the same manner and with the same\nforce and effect as if the language of such article had been\nincorporated in full into this section and had expressly referred to the\nfee under this section, except to the extent that any provision of such\narticle is either inconsistent with a provision of this section or is\nnot relevant to this section. For purposes of this section, any\nreference to a tax or the taxes imposed by article twenty-eight of the\ntax law shall be deemed also to refer to the waste tire management and\nrecycling fee imposed under the authority of this section unless a\ndifferent meaning is clearly required.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the exemptions provided in section eleven hundred sixteen\nof the tax law shall not apply to this section except with respect to\nthe entities described in paragraphs one, two, three and six of\nsubdivision (a) of such section.\n  6. (a) Until December thirty-first, two thousand twenty-seven, any\nadditional waste tire management and recycling costs of the tire service\nin excess of the amount authorized to be retained pursuant to paragraph\n(b) of subdivision two of this section may be included in the published\nselling price of the new tire, or charged as a separate per-tire charge\non each new tire sold. When such costs are charged as a separate\nper-tire charge: (i) such charge shall be stated as an invoice item\nseparate and distinct from the selling price of the tire; (ii) the\ninvoice shall state that the charge is imposed at the sole discretion of\nthe tire service; and (iii) the amount of such charge shall reflect the\nactual cost to the tire service for the management and recycling of\nwaste tires accepted by the tire service pursuant to section 27-1905 of\nthis title, provided however, that in no event shall such charge exceed\ntwo dollars and fifty cents on each new tire sold.\n  (b) Every tire service shall maintain accurate records of the actual\ncosts of waste tire management and recycling incurred by such tire\nservice, and accurate accounts of any charges or costs included in or on\nthe sale of new tires for the purpose of waste tire management and\nrecycling. Any tire service imposing a charge or costs for its waste\ntire management and recycling shall submit an annual statement of such\ncharges or costs to the comptroller of the state of New York by the end\nof each calendar year. The comptroller is hereby authorized and\nempowered from time to time to examine the accounts and records of any\ntire service that imposes any costs or charges for the costs of the tire\nservice for waste tire management and recycling as authorized by this\nsubdivision.\n
N.Y. ENV Law § 15-1979 — New York Code / Act ENV / Article 15 / Title 19 / Section 15-1979
First annual meeting; members; officers; by-laws
Status: in_force

§ 15-1979. First annual meeting; members; officers; by-laws.\n  1. Upon filing and recording, the articles of association shall be\ndeemed to be in effect and the drainage section association created\nthereby shall have the power and authority and shall assume the\nliabilities conferred and imposed by title 19 of this article. The\ntemporary secretary shall notify all members by mail of the time, not\nmore than ten days after such filing and recording, and of the place of\nthe first annual meeting of the association, at which time permanent\nofficers shall be elected for the coming year.\n  2. The original membership of the association shall consist of the\nsigners of the articles of association. Membership shall cease when a\nmember dies or when he divests himself of the entire drainable acreage\nowned by him. Grantees, devisees and heirs of the fee of a member's\nentire drainable acreage shall be members and entitled to all the rights\nof membership, and they shall be bound by the articles of association.\nGrantees, devisees and heirs of the fee of a part of a member's\ndrainable acreage shall be members, shall be entitled to all the rights\nof membership, shall be bound by the articles of association and shall\nbe liable in the proportion that such granted, devised or inherited part\nbears to the total of the drainable acreage of the member from whom they\nhave taken title.\n  3. The officers of the association shall be members thereof and shall\nconsist of a president, vice-president, and secretary-treasurer. If an\nofficer's membership in the association shall terminate, the association\nshall call a special meeting to elect his successor for the remainder of\nthe term for which he was elected. The term of office of all officers\nshall be one year.\n  4. The association shall adopt at the first annual meeting by-laws,\nnot inconsistent with law or with the articles of association. The\nby-laws shall fix the time and place of future annual meetings and\nregular meetings of the association and shall provide for the calling\nand holding of special meetings; shall provide the number of members,\nnot less than one-third, to constitute a quorum at its meetings; shall\nprovide the method of conduct of elections of its officers at annual\nmeetings; shall provide the form of notice, in writing, to be given to\nall members of the amount of assessment due to pay the debts of the\nassociation, and to pay all costs, expenses, fees and damages as\nprovided in the articles of association; and may provide for the\nimposition and collection of annual dues and for any other matter\nnecessary to carry out the conduct of the affairs of the association.\n
N.Y. PBA Law § 2476 — New York Code / Act PBA / Article 8 / Title 19 / Section 2476
State and municipalities not liable on bonds and notes
Status: in_force

* § 2476. State and municipalities not liable on bonds and notes. The\nbonds, notes and other obligations of the authority shall not be a debt\nof the state of New York or of any municipality, and neither the state\nnor any municipality shall be liable thereon, nor shall they be payable\nout of any funds other than those of the authority.\n  * NB (Disbanded March, 1980)\n