N.Y. ENV Law § 71-4408 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4408
Unlawful release of regulated medical waste in the first degree
Status: in_force

§ 71-4408. Unlawful release of regulated medical waste in the first\n             degree.\n  A person is guilty of unlawful release of regulated medical waste in\nthe first degree when such person:\n  1. Knowingly engages in conduct which causes the release to the\nenvironment of regulated medical waste, which includes any quantity of\nregulated medical waste which is capable at the time of transport, or at\nany time thereafter, of causing serious physical injury or death to any\nperson who is not a participant in the crime; or\n  2. Knowingly engages in conduct constituting a single criminal\ntransaction which causes the release to the environment of more than one\nthousand gallons or ten thousand pounds, whichever is less, of an\naggregate weight or volume of regulated medical waste.\n  Unlawful release of regulated medical waste in the first degree is a\nclass D felony.\n
N.Y. ENV Law § 71-4400 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4400
Applicability of title
Status: in_force

§ 71-4400. Applicability of title.\n  The provisions of this title shall be applicable to the enforcement of\ntitle 15 of article 27 of this chapter.\n
N.Y. ENV Law § 71-4406 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4406
Unlawful release of regulated medical waste in the third degree
Status: in_force

§ 71-4406. Unlawful release of regulated medical waste in the third\n             degree.\n  A person is guilty of unlawful release of regulated medical waste in\nthe third degree when such person:\n  1. Recklessly engages in conduct which causes the release to the\nenvironment of regulated medical waste; or\n  2. Knowingly engages in conduct which causes the release to the\nenvironment of regulated medical waste.\n  Unlawful release of regulated medical waste in the third degree is a\nclass A misdemeanor.\n
N.Y. ENV Law § 71-4411 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4411
Enforcement of title 15 of article 27
Status: in_force

§ 71-4411. Enforcement of title 15 of article 27.\n  1. When a person is convicted of a crime under the provisions of this\ntitle, the sentence of the court shall be as follows:\n  (a) A fine, as set forth in subdivision two of this section, or in\nparagraph b of subdivision two of section 71-4402 of this title for the\nmisdemeanor set forth therein;\n  (b) Following a hearing in accordance with the procedures set forth in\nsection 71-2723 of this article, payment of the cost of restoring to its\noriginal state the area where regulated medical waste was released\nunlawfully in violation of the provisions of this article, provided,\nhowever, that references to "hazardous waste" shall be deemed to mean\n"regulated medical waste" for the purpose of such hearing and such\ndetermination;\n  (c) Any other sentence authorized by law, including imprisonment; or\n  (d) Any combination of such fine, payment of the cost of restoration,\nand any other sentence authorized by law, including imprisonment.\n  2. Fines. A sentence to pay a fine shall be a sentence to pay any\namount fixed by the court, not exceeding the higher of:\n  (a) one hundred fifty thousand dollars for a class D felony;\n  (b) one hundred thousand dollars for a class E felony;\n  (c) fifty thousand dollars for a class A misdemeanor;\n  (d) fifteen thousand dollars for a class B misdemeanor; or\n  (e) double the amount of the defendant's gain from the commission of\nthe crime.\n
N.Y. ENV Law § 71-4405 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4405
Unlawful release of regulated medical waste in the fourth degree
Status: in_force

§ 71-4405. Unlawful release of regulated medical waste in the fourth\n             degree.\n  A person is guilty of unlawful release of regulated medical waste in\nthe fourth degree when such person with criminal negligence, engages in\nconduct which causes the release to the environment of regulated medical\nwaste.\n  Unlawful release of regulated medical waste in the fourth degree is a\nclass B misdemeanor.\n
N.Y. ENV Law § 71-4404 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4404
Unlawful possession of regulated medical waste in the first degree
Status: in_force

§ 71-4404. Unlawful possession of regulated medical waste in the first\n             degree.\n  No person shall:\n  1. Knowingly and intentionally possess more than three hundred gallons\nor three thousand pounds, whichever is less, of an aggregate weight or\nvolume of regulated medical waste at a place other than the facility at\nwhich such waste was generated; or\n  2. Recklessly possess more than five hundred gallons or five thousand\npounds, whichever is less, of an aggregate weight or volume of regulated\nmedical waste at a place other than the facility at which such waste was\ngenerated.\n  3. The provisions of this section shall not apply to any person for\nacts undertaken in compliance with the provisions of titles 3 and 15 of\narticle 27 of this chapter or the rules, regulations, permits or orders\npromulgated pursuant thereto.\n  Unlawful possession of regulated medical waste in the first degree is\na class E felony.\n
N.Y. PBG Law § 447 — New York Code / Act PBG / Article 13 / Title 44 / Section 447
Cortland Housing Authority
Status: in_force

§ 447. Cortland Housing Authority.  A municipal housing authority, to\nbe known as the Cortland Housing Authority, is hereby created and\nestablished for the city of Cortland in the county of Cortland, for the\naccomplishment of any or all of the purposes specified in article\neighteen 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 in 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 § 71-4401 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4401
Definitions
Status: in_force

§ 71-4401. Definitions.\n  As used in this title, the following terms shall have the following\nmeanings:\n  1. "Regulated medical waste" means regulated medical waste as defined\nin title 15 of article 27 of this chapter.\n  2. "Pound" means an avoirdupois pound.\n  3. "Gallon" means a unit of liquid capacity equal to two hundred\nthirty-one cubic inches or four quarts.\n  4. "Environment" means any water, water vapor, any land including land\nsurface or subsurface, air, fish, wildlife, biota, and all other natural\nresources.\n  5. "Release" means any pumping, pouring, emitting, emptying, or\nleaching, directly or indirectly, of a substance so that the substance\nor any related constituent thereof, or any degradation product of such a\nsubstance or of a related constituent thereof, may enter the\nenvironment, or the disposal of any substance.\n  6. "Disposal" means the discharge, deposit, injection, dumping,\nspilling, leaking or placing of any substance so that such substance or\nany related constituent thereof may enter the environment, or the\nabandonment of any substance.\n  7. "Abandonment" means the intentional relinquishment or forsaking of\nall possession or control of any substance. In any prosecution under\nthis title, it is an affirmative defense to an allegation of abandonment\nthat the defendant surrendered possession or control of such substance\nto another party who knowingly and voluntarily consented to assume such\npossession or control.\n  8. "Intentionally, knowingly, recklessly and criminal negligence"\nshall have the same meanings as defined in section 15.05 of the penal\nlaw.\n  9. "Criminal transaction" shall have the same meaning as defined in\nsection 40.10 of the criminal procedure law.\n
N.Y. ENV Law § 71-4409 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4409
Unlawful dealing in regulated medical waste
Status: in_force

§ 71-4409. Unlawful dealing in regulated medical waste.\n  No person shall, with intent to cause an unlawful release of regulated\nmedical waste as defined in section 71-4407 or 71-4408 of this article:\n  1. transfer, transport, repackage or convey such waste to another\nperson, thereby causing such other person to possess, store, transport\nor dispose of such waste in violation of section 27-1505, 27-1507 or\n27-1509 of this chapter; or\n  2. receive or agree to receive a benefit in exchange for possessing,\nstoring, transporting or disposing of regulated medical waste in\nviolation of section 27-1505, 27-1507 or 27-1509 of this chapter; or\n  3. confer or offer or agree to confer a benefit upon another person to\ninduce them to possess, store, transport or dispose of regulated medical\nwaste in violation of section 27-1505, 27-1507 or 27-1509 of this\nchapter.\n  Unlawful dealing in regulated medical waste is a class E felony.\n
N.Y. ENV Law § 71-4407 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4407
Unlawful release of regulated medical waste in the second degree
Status: in_force

§ 71-4407. Unlawful release of regulated medical waste in the second\n             degree.\n  A person is guilty of unlawful release of regulated medical waste in\nthe second degree when such person:\n  1. Knowingly or recklessly engages in conduct which causes the release\nto the environment of regulated medical waste which includes any\nquantity of regulated medical waste which is capable at the time of\ntransport, or at any time thereafter, of causing disease, or physical\ninjury; or\n  2. Knowingly or recklessly engages in conduct constituting a single\ncriminal transaction which causes the release to the environment of more\nthan five hundred gallons or five thousand pounds, whichever is less, of\nregulated medical waste.\n  Unlawful release of regulated medical waste in the second degree is a\nclass E felony.\n
N.Y. ENV Law § 71-4410 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4410
Affirmative defense
Status: in_force

§ 71-4410. Affirmative defense.\n  In any prosecution or proceeding pursuant to title 15 of article 27 it\nis an affirmative defense that the articles being discarded have been\ntreated in accordance with subdivision one of section 27-1505.\n
N.Y. ENV Law § 71-4403 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4403
Unlawful possession of regulated medical waste in the second degree
Status: in_force

§ 71-4403. Unlawful possession of regulated medical waste in the second\n             degree.\n  No person shall:\n  1. Knowingly and intentionally possess more than twenty gallons or two\nhundred pounds, whichever is less, of an aggregate weight or volume of\nregulated medical waste at a place other than the facility at which such\nwaste was generated; or\n  2. Recklessly possess more than forty gallons or four hundred pounds,\nwhichever is less, of an aggregate weight or volume of regulated medical\nwaste at a place other than the facility at which such waste was\ngenerated.\n  3. The provisions of this section shall not apply to any person for\nacts undertaken in compliance with the provisions of titles 3 and 15 of\narticle 27 of this chapter or the rules, regulations, permits or orders\npromulgated pursuant thereto.\n  Unlawful possession of regulated medical waste in the second degree is\na class A misdemeanor.\n
N.Y. ENV Law § 71-4402 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4402
Violations of title 15 of article 27 of this chapter
Status: in_force

§ 71-4402. Violations of title 15 of article 27 of this chapter.\n  1. Civil and administrative sanctions.\n  Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by title 15 of article 27 of this chapter, or\nany rule or regulation promulgated pursuant thereto, or any term or\ncondition of any certificate or permit issued pursuant thereto, or any\nfinal determination or order of the commissioner made pursuant to this\ntitle shall be liable in the case of a first violation, for a civil\npenalty not to exceed twenty-five thousand dollars and an additional\npenalty of not more than twenty-five thousand dollars for each day\nduring which such violation continues, to be assessed by the\ncommissioner after an opportunity to be heard pursuant to the provisions\nof section 71-1709 of this chapter, or by the court in any action or\nproceeding pursuant to section 71-2727 of this chapter, and, in addition\nthereto, such persons may by similar process be enjoined from continuing\nsuch violation and any permit or certificate issued to such person may\nbe revoked or suspended or a pending renewal application denied. In the\ncase of a second and any further violation, the liability shall be for a\ncivil penalty not to exceed fifty thousand dollars for each such\nviolation and an additional penalty not to exceed fifty thousand dollars\nfor each day during which such violation continues.\n  2. Criminal sanctions.\n  a. Any person who violates any of the provisions of or who fails to\nperform any duty imposed by title 15 of article 27 of this chapter or\nany rules and regulations promulgated pursuant thereto, or any term or\ncondition of any certificate or permit issued pursuant thereto, or any\nfinal determination or order of the commissioner made pursuant to this\ntitle shall be guilty of a violation and, upon conviction thereof, shall\nbe punished by a fine not to exceed five thousand dollars per day of\nviolation, or by imprisonment for a term of not more than fifteen days,\nor by both such fine and imprisonment.\n  b. Any person who, intentionally, knowingly, or recklessly shall\nviolate any of the provisions of or who fails to perform any duty\nimposed by title 15 of article 27 of this chapter or any rules and\nregulations promulgated pursuant thereto, or any term or condition of\nany certificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to this title\nshall be guilty of a class B misdemeanor and, upon conviction thereof,\nshall for a first conviction be punished by a fine not to exceed fifteen\nthousand dollars per day of violation or by imprisonment for a term of\nnot more than ninety days, or both such fine and imprisonment.  If the\nconviction is for an offense committed after a first conviction of such\nperson under this paragraph, within the preceding five years, such\nperson shall be guilty of a class A misdemeanor and upon conviction,\npunishment shall be by a fine not to exceed fifty thousand dollars per\nday of violation, or by imprisonment for not more than one year or by\nboth such fine and imprisonment.\n
N.Y. ENV Law § 71-4412 — New York Code / Act ENV / Article 71 / Title 44 / Section 71-4412
Disposition of penalties and fines
Status: in_force

§ 71-4412. Disposition of penalties and fines.\n  1. Notwithstanding any provision of law to the contrary, all penalties\nand fines collected pursuant to section 71-4411 of this title shall be\npaid over to the commissioner for deposit into the general fund to the\ncredit of the state purposes account.\n  2. All moneys collected in any action brought on behalf of the state\nfor damage resulting from improper or unlawful disposal of regulated\nmedical waste shall be paid over to the commissioner for deposit to the\ncredit of the environmental enforcement account.\n