N.Y. PBA Law § 1622-Q — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-Q
Actions against the authority
Status: in_force

§ 1622-q. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimit established by and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n
N.Y. PBA Law § 1622-O — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-O
Tax contract by the state
Status: in_force

§ 1622-o. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes,\nthat the bonds or notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes, shall at all times be\nexempt from taxation.\n
N.Y. PBA Law § 1622-G — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-G
Construction and purchase contracts
Status: in_force

§ 1622-g. Construction and purchase contracts. 1. The authority shall\nlet contracts for construction in the same manner, so far as\npracticable, as is provided by law for contracts for the village, except\nthat where the estimated expense of a contract does not exceed\ntwenty-four hundred dollars such contract may be entered into without\npublic letting. Nothing in this section shall be construed to limit the\npower of the authority to do any construction directly by the officers,\nagents and employees of the authority. Contracts for the purchase of\nsupplies, materials and equipment shall be let in the same manner as is\nprovided by law for contracts of the village.\n  2. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency, as the term is used in\nsuch article, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n
N.Y. PBA Law § 1622-E — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-E
Civil service status of officers and employees
Status: in_force

§ 1622-e. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the village may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. All such employees who have been appointed to positions in\nthe service of the village shall have the same status with respect\nthereto after transfer to the authority as they had under their original\nappointments. The appointment and promotion of all employees of the\nauthority shall be made in accordance with the provisions of the civil\nservice law and all employees of the authority may have the same rights\nand benefits as village employees.\n
N.Y. PBA Law § 1622-K — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-K
Agreements of the village and the state
Status: in_force

§ 1622-k. Agreements of the village and the state. 1. The village is\nauthorized to, and the state of New York does hereby pledge to and agree\nwith the holders of the bonds or notes that neither the village nor the\nstate, respectively, will limit or alter the rights hereby vested in the\nauthority to acquire, construct, reconstruct, improve, equip, furnish,\nmaintain or operate any project or projects, to establish and collect\nrentals, fees and other charges and to fulfill the terms of any\nagreements made with the holders of the bonds or notes, or in any way\nimpair the rights and remedies of the bondholders or noteholders, until\nthe bonds or notes, together with interest thereon, with interest on any\nunpaid installments of interest and all costs and expenses in connection\nwith any action or proceeding by or on behalf of the bondholders or\nnoteholders, are fully met and discharged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and, subject to approval by the village board of\ntrustees and mayor, the village of Nyack, to covenant and agree with the\nholders of the bonds or notes, with such exceptions and limitations as\nit may deem in the public interest and in the interests of the\nauthority's bondholders and noteholders, that no public parking areas or\nspaces, including the installation and operation of parking meters on\nthe public streets of the village, except those acquired and operated by\nthe authority will be constructed or operated in the village by the\nvillage (except as hereinafter provided), or by any public benefit or\nother corporation, the members of which are elected or appointed by the\nvillage officials, until either (a) the bonds or notes, together with\ninterest thereon, interest on any unpaid installments of interest and\nall costs and expenses in connection with any action or proceeding by or\non behalf of the bondholders or noteholders are fully met and\ndischarged; or (b) principal or interest of any of the bonds or notes\nshall be overdue and unpaid for a period of three years or more;\nprovided, however, nothing herein contained shall be deemed to impair\nthe right of the village to continue to operate the presently existing\nmunicipal parking facilities and any replacements thereof.\n
N.Y. PBA Law § 1622-S — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-S
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1622-s. Title not affected if in part unconstitutional or\nineffective. If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. PBA Law § 1622-L — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-L
State and village not liable on bonds
Status: in_force

§ 1622-l. State and village not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or of the village, and neither the state nor the village shall be\nliable thereon, nor shall they be payable out of any funds other than\nthose of the authority.\n
N.Y. ENV Law § 27-2219 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2219
Severability
Status: in_force

§ 27-2219. Severability.\n  The provisions of this title shall be severable and if any portion\nthereof or the applicability thereof to any person or circumstance is\nheld invalid, the remainder of this title and the application thereof\nshall not be affected thereby.\n
N.Y. ENV Law § 27-2217 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2217
Annual report
Status: in_force

§ 27-2217. Annual report.\n  No later than January first, two thousand twenty-three, and on an\nannual basis thereafter, the department shall submit an annual report to\nthe governor and legislature describing the operation of the food\ndonation and food scraps recycling program including amount of edible\nfood donated, amount of food scraps recycled, sample educational\nmaterials, and number of waivers provided.\n
N.Y. GMU Law § 591 — New York Code / Act GMU / Article 15-B / Title 22 / Section 591
Village of Spring Valley urban renewal agency
Status: in_force

§ 591. Village of Spring Valley urban renewal agency. An urban renewal\nagency, to be known as the village of Spring Valley urban renewal\nagency, is hereby established for the accomplishment of any or all of\nthe purposes specified in articles fifteen and fifteen-A of this chapter\nand in accordance with article eighteen of the constitution of the state\nof New York. It shall constitute a body corporate and politic, be\nperpetual in duration and consist of five members, including the mayor,\nwho shall be the chairman. The additional members shall be appointed by\nthe mayor. It shall have the powers and duties now or hereafter\nconferred by article fifteen-A of this chapter upon municipal renewal\nagencies. It shall be organized in the manner prescribed by and be\nsubject to the provisions of article fifteen-A of this chapter and the\nagency, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of such\narticle.\n
N.Y. PBA Law § 1622-P — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-P
Remedies of bondholders
Status: in_force

§ 1622-p. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Rockland and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name:\n  (a) by mandamus or other suit, action or proceeding, at law or in\nequity, enforce all rights to the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceedings shall be laid in the county of\nRockland.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any real property necessary or\nconvenient in connection with the project that the authority has\ncovenanted to construct, and with any construction which the authority\nis under obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge thereof or agreement\nwith bondholders relating thereto and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fee, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. PBA Law § 1622-M — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-M
Bonds and notes legal investments for public officers and fiduciaries
Status: in_force

§ 1622-m. Bonds and notes legal investments for public officers and\nfiduciaries. The bonds and notes are hereby made securities in which all\npublic officers, and bodies of the state and all municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds including capital in their control or\nbelonging to them. The bonds and notes are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n
N.Y. ENV Law § 27-2211 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2211
Department responsibilities
Status: in_force

§ 27-2211. Department responsibilities.\n  1. The department shall publish on its website: (a) the methodology\nthe department will use to determine who is a designated food scrap\ngenerator; (b) the waiver process; (c) procedures to minimize odors and\nvectors; and (d) a list of all designated food scraps generators,\norganics recyclers, and all waste transporters that manage\nsource-separated organics.\n  2. No later than June first, two thousand twenty-one and annually\nthereafter, the department shall assess the capacity of each organic\nrecycler and notify designated food scraps generators if they are\nrequired to comply with the provisions of paragraph (b) of subdivision\none of section 27-2203 of this title.\n  3. The department shall develop and make available educational\nmaterials to assist designated food scraps generators with compliance\nwith this title. The department shall also develop education materials\non food waste minimization and encourage municipalities to disseminate\nthese materials both on their municipal websites and in any such future\nmailings to their residents as they may distribute.\n  4. The department shall regulate organics recyclers to ensure that\ntheir activities do not impair water quality or otherwise harm human\nhealth and the environment.\n
N.Y. PBA Law § 1622-D — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-D
Purpose and powers of the authority
Status: in_force

§ 1622-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to provide, operate or maintain or any combination\nthereof one or more projects in the village. To carry out said purpose,\nthe authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire real property subject to the approval of at least four\nmembers of the board of trustees in the name of the village by purchase\nor condemnation or gift, and use necessary real property. All real\nproperty acquired by the authority by condemnation shall be acquired in\nthe manner provided in the eminent domain procedure law or in the manner\nprovided by law for the condemnation of land by the village, and further\nprovided, that the authority shall give the board of trustees of the\nvillage written notice of its intent to acquire any land by\ncondemnation, whereupon said board of trustees, within a period of\nforty-five days after the giving of such notice, by resolution voted\nupon affirmatively by at least four members of such board of trustees,\nmay determine that such land shall not be so acquired, in which event\nthe authority shall be without further power to so acquire the same by\ncondemnation;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the village to use agents, employees, and\nfacilities of the village, including the village attorney, paying to the\nvillage its agreed proportion of the compensation or costs;\n  7. To appoint an attorney, and to fix his compensation;\n  8. To appoint officers, agents, employees, and consultants, to\nprescribe their qualifications and to fix their compensation; subject,\nhowever, to the provisions of the civil service law, as hereinafter\nprovided;\n  9. To make contracts, leases, as lessor or lessee, and any operating\nagreement, and to execute all instruments necessary or convenient;\n  10. To designate officers and employees, appointed or used by the\nauthority, as hereinabove specified, who shall be empowered to issue\nappearance tickets as provided for in article one hundred fifty of the\ncriminal procedure law. Persons so designated are hereby authorized to\nissue and serve such tickets for traffic infractions relating to parking\nwithin "project" areas as defined herein, in accordance with law and\nwhen authorized by local law of the village to issue and serve such\ntickets for traffic infractions committed anywhere in such village\nincluding at parking spaces controlled by parking meters.\n  11. To acquire, construct, reconstruct, improve, equip and furnish any\nproject as may be necessary or convenient;\n  12. To maintain and operate any project;\n  13. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the village, or any person, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  14. To fix and collect rentals, fees and other charges for the use of\nany project and to pledge the same, all subject to and in accordance\nwith such agreements with bondholders as may be made as hereinafter\nprovided;\n  15. To construct, operate or maintain in the projects all facilities\nand equipment necessary or convenient in connection therewith; and to\ncontract for the providing, operation or maintenance of any parts\nthereof or for services to be performed; to rent parts thereof, and\ngrant concessions, all on such terms and conditions as it may determine;\nprovided, however, that neither the authority, the village, or any\nagency of the authority or village, or any other person, firm or\ncorporation shall, within or on any property comprising a part of any\nproject authorized by this title, sell, dispense or otherwise handle any\nproduct used in or for the servicing of any motor vehicle using any\nproject or facilities authorized by this title.\n
N.Y. ENV Law § 27-2203 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2203
Designated food scraps generator responsibilities
Status: in_force

§ 27-2203. Designated food scraps generator responsibilities.\n  1. Effective January first, two thousand twenty-two:\n  (a) all designated food scraps generators shall separate their excess\nedible food for donation for human consumption to the maximum extent\npracticable, and in accordance with applicable laws, rules and\nregulations related to food donation; and\n  (b) * except as provided in paragraph (c) of this subdivision, each\ndesignated food scraps generator that is within twenty-five miles of an\norganics recycler, to the extent that the recycler has capacity to\naccept all of such generator's food scraps based on the department's\nyearly estimate of an organic recyclers' capacity pursuant to section\n27-2211 of this title, shall:\n  * NB Effective until January 1, 2027\n  * except as provided in paragraph (c) of this subdivision, each\ndesignated food scraps generator that is within fifty miles of an\norganics recycler, to the extent that the recycler has capacity to\naccept all of such generator's food scraps based on the department's\nyearly estimate of an organic recyclers' capacity pursuant to section\n27-2211 of this title, shall:\n  * NB Effective January 1, 2027\n  (i) separate its remaining food scraps from other solid waste;\n  (ii) ensure proper storage for food scraps on site which shall\npreclude such materials from becoming odorous or attracting vectors,\nsuch as a container that has a lid and a latch that keeps the lid closed\nand is resistant to tampering by rodents or other wildlife and has\nsufficient capacity;\n  (iii) have information available and provide training for employees\nconcerning the proper methods to separate and store food scraps; and\n  (iv) obtain a transporter that will deliver food scraps to an organics\nrecycler, self-haul its food scraps to an organics recycler, or provide\nfor organics recycling on-site via in vessel composting, aerobic or\nanaerobic digestion or any other method of processing organic waste that\nthe department approves by regulation, for some or all of the food waste\nit generates on its premises, provided that the remainder is delivered\nto an organics recycler.\n  (c) The provisions of paragraph (b) of this subdivision shall not\napply to any designated food scraps generator that has all of its food\nscraps processed in a mixed solid waste composting or mixed solid waste\nanaerobic digestion facility.\n  2. All designated food scraps generators shall submit an annual report\nto the department on or before March first, two thousand twenty-three,\nand annually thereafter, in an electronic format. The annual report must\nsummarize the amount of edible food donated, the amount of food scraps\nrecycled, the organics recycler or recyclers and associated transporters\nused, and any other information as required by the department.\n  3. A designated food scraps generator may petition the department for\na temporary waiver from some or all of the requirements of this title.\nThe petition must include evidence of undue hardship based on:\n  * (a) the designated food scraps generator does not meet the two tons\nper week threshold;\n  * NB Effective until January 1, 2027\n  * (a) the designated food scraps generator does not meet the tonnage\nper week threshold pursuant to subdivision one of section 27-2201 of\nthis title;\n  * NB Effective January 1, 2027\n  (b) the cost of processing organic waste is not reasonably competitive\nwith the cost of disposing of waste by landfill;\n  (c) the organics recycler does not have sufficient capacity, despite\nthe department's calculation; or\n  (d) the unique circumstances of the generator.\n  A waiver shall be no longer than one year in duration provided,\nhowever, the department may renew such waiver.\n
N.Y. ENV Law § 27-2201 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2201
Definitions
Status: in_force

§ 27-2201. Definitions.\n  1. "Designated food scraps generator" means a person who generates at\na single location an annual average of two tons per week or more of food\nscraps between January first, two thousand twenty-three and December\nthirty-first, two thousand twenty-six, an annual average of one ton per\nweek or more of food scraps between January first, two thousand\ntwenty-seven and December thirty-first, two thousand twenty-eight, and\nan annual average of one-half ton per week or more of food scraps\nbeginning January first, two thousand twenty-nine and thereafter based\non a methodology established by the department pursuant to regulations,\nincluding, supermarkets, large food service businesses, higher\neducational institutions, hotels, food processors, correctional\nfacilities, and sports or entertainment venues. For a location with\nmultiple independent food service businesses, such as a mall or college\ncampus, the entity responsible for contracting for solid waste hauling\nservices is responsible for managing food scraps from the independent\nbusinesses.\n  2. "Food scraps" means inedible food, trimmings from the preparation\nof food, food-soiled paper, and edible food that is not donated. Food\nscraps shall not include used cooking oil, yellow grease or food from\nresidential sources, or any food identified in regulations promulgated\nby the department in consultation with the department of agriculture and\nmarkets or any food which is subject to a recall or seizure due to the\npresence of pathogens, including but not limited to: Listeria\nMonocytogenes, confirmed Clostridium Botulinum, E. coli 0157:H7 and all\nsalmonella in ready-to-eat foods.\n  3. "Organics recycler" means a facility, permitted by the department,\nthat recycles food scraps through use as animal feed or a feed\ningredient, rendering, land application, composting, aerobic digestion,\nanaerobic digestion, fermentation, or ethanol production. Animal scraps,\nfood soiled paper, and post-consumer food scraps are prohibited for use\nas animal feed or as a feed ingredient. The proportion of the product\ncreated from food scraps by a composting or digestion facility,\nincluding a wastewater treatment plant that operates a digestion\nfacility, or other treatment system, must be used in a beneficial manner\nas a soil amendment and shall not be disposed of or incinerated.\n  4. "Person" means any business entity, partnership, company,\ncorporation, not-for-profit corporation, association, governmental\nentity, public benefit corporation, public authority, firm, or\norganization.\n  5. "Single location" means contiguous property under common ownership,\nwhich may include one or more buildings.\n  6. "Incinerator" shall have the same meaning as provided in section\n72-0401 of this chapter.\n  7. "Landfill" shall have the same meaning as provided in section\n72-0401 of this chapter.\n  8. "Transfer facility" means a solid waste management facility,\nwhether owned or operated by a private or public entity, other than a\nrecyclables handling and recovery facility, used oil facility, or a\nconstruction and demolition debris processing facility, where solid\nwaste is received for the purpose of subsequent transfer to another\nsolid waste management facility for processing, treating, disposal,\nrecovery, or further transfer.\n  9. "Excess edible food" means edible food that is not sold or used by\na designated food scrap generator and is still safe to be consumed but\nis being disposed of by the generator, but shall not include unpackaged\nfresh meat, fish or poultry, food damaged by pests, mold, bacteria or\nother contamination, food subject to governmental or producer recall due\nto food safety and food returned to a supplier.\n  10. "Food relief organization" means a religious organization or other\nnot-for-profit that provides food for free to needy individuals,\nincluding, but not limited to, a food pantry, food bank, or soup kitchen\nor community-based organization that provides food for free to needy\nindividuals.\n
N.Y. PBA Law § 1622-B — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-B
Definitions
Status: in_force

§ 1622-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nsixteen hundred twenty-two-c of this title;\n  2. The term "village" shall mean the village of Nyack;\n  3. The term "bonds" and "notes" shall mean the bonds and notes,\nrespectively, authorized in this title;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interests, such as easements, rights of way, air rights,\nsub-surface rights, uses, leases, licenses, and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms of years, and liens thereon by way of judgments,\nmortgages or otherwise, and also claims for damage to real estate in the\narea of the village;\n  6. The term "project" shall mean any area or place operated or to be\noperated by the authority for the parking or storing of motor and other\nvehicles and shall, without limiting the foregoing, include all real and\npersonal property, driveways, roads, approaches, structures, terminals\nof all kinds, garages, meters, mechanical equipment, and all\nappurtenances and facilities either on, above or under the ground which\nare used or usable in connection with such parking or storing of such\nvehicles in the area of the village;\n  7. The term "projects" shall mean more than one project.\n
N.Y. ENV Law § 27-2207 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2207
Transfer facility
Status: in_force

§ 27-2207. Transfer facility.\n  Any transfer facility that receives food scraps from a designated food\nscraps generator must ensure that the food scraps are taken to an\norganics recycler unless such generator has received a temporary waiver\nunder subdivision three of section 27-2203 of this title. A transfer\nfacility shall take all reasonable precautions to not commingle the\nmaterial with any other solid waste unless such commingled waste can be\nprocessed by an organics recycler.\n
N.Y. PBA Law § 1622-H — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-H
Moneys of the authority
Status: in_force

§ 1622-h. Moneys of the authority. All moneys of the authority shall\nbe paid to the village treasurer of the village as agent of the\nauthority, who shall not commingle such moneys with any other moneys.\nSuch moneys shall be deposited in a separate bank account or accounts.\nThe moneys in such accounts shall be paid out by the village treasurer\nof the village on requisition of the chairman of the authority or of\nsuch other person or persons as the authority may authorize to make such\nrequisitions after audit by the village treasurer of the village.  All\ndeposits of such moneys shall, if required by the village treasurer of\nthe village or the authority, be secured by obligations of the United\nStates or of the state of New York of a market value equal at all times\nto the amount of the deposit, and all banks and trust companies are\nauthorized to give such security for such deposits. The treasurer of the\nvillage and his legally authorized representatives are authorized and\nempowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, leases,\nsinking funds, investments and any other records and papers relating to\nits financial standing. The authority shall have power, notwithstanding\nthe provisions of this section, to contract with the holders of any of\nits bonds or notes as to the custody, collection, securing, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or notes or in any way to secure\nbonds or notes, and to carry out any such contract notwithstanding that\nsuch contract may be inconsistent with the previous provisions of this\nsection. Moneys held in trust or otherwise for the payment of bonds or\nin any way to secure bonds and deposits of such moneys may be secured in\nthe same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\naccounts of the authority shall be subject to the supervision of the\nstate comptroller. The authority shall render a complete account of its\nproceedings to the village board of trustees at such time or times as\nrequired to do so by said village board of trustees.\n
N.Y. ENV Law § 27-2215 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2215
Exclusions
Status: in_force

§ 27-2215. Exclusions.\n  1. This title shall not apply to any designated food scraps generators\nlocated in a city with a population of one million or more which has a\nlocal law, ordinance or regulation in place which requires the diversion\nof edible food and food scraps from disposal.\n  2. This title does not apply to hospitals, nursing homes, adult care\nfacilities, and elementary and secondary schools.\n
N.Y. PBA Law § 1622-N — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-N
Tax exemptions
Status: in_force

§ 1622-n. Tax exemptions. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the village of Nyack and\nits environs, and is a public purpose, and the authority shall be\nregarded as performing an essential governmental function in the\nexercise of the powers conferred upon it by this title and shall be\nrequired to pay no taxes or assessments upon any of the property\nacquired by it or under its jurisdiction or control or supervision or\nupon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation.\n
N.Y. PBA Law § 1622-A — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-A
Short title
Status: in_force

§ 1622-a. Short title. This title may be cited as the "Village of\nNyack Parking Authority Act".\n
N.Y. PBA Law § 1622-R — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-R
Termination of the authority
Status: in_force

§ 1622-r. Termination of the authority. Whenever all of the bonds and\nnotes issued by the authority shall have been redeemed or cancelled, and\nall its liabilities and duties met or discharged, and the termination\ndate of its corporate existence as set forth in section sixteen hundred\ntwenty-two-c of this title shall have been reached, the authority shall\ncease to exist and all rights, titles and interests and all obligations\nand liabilities thereof vested in or possessed by the authority shall\nthereupon vest in and be possessed by the village of Nyack.\n
N.Y. PBA Law § 1622-C — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-C
Village of Nyack parking authority
Status: in_force

§ 1622-c. Village of Nyack parking authority. A board to be known as\n"Village of Nyack parking authority" is hereby created. Such board shall\nbe a body corporate and politic, constituting a public benefit\ncorporation, and its existence shall commence upon the appointment of\nthe members as herein provided. It shall consist of a chairman and four\nother members, all of whom shall be appointed by the mayor with the\napproval of the board of trustees of the village. The appointment of the\nchairman shall be for a term of five years. Of the other members first\nappointed, one shall be appointed for a period of one year, one for a\nperiod of two years, one for a period of three years, one for a period\nof four years. At the expiration of such terms, the terms of office of\ntheir successors shall be five years. Each member shall continue to\nserve until the appointment and qualification of his successor.\nVacancies in such board occurring otherwise than by the expiration of\nsuch term, shall be filled for the unexpired term. The members of the\nboard shall choose from their number a vice-chairman and such other\nofficers deemed desirable by the board. The board of trustees may remove\nany member of the board for inefficiency, neglect of duty or misconduct\nin office, giving him a copy of the charges against him and an\nopportunity of being heard in person, or by counsel, in his defense upon\nnot less than ten days' notice. The members of the board shall be\nentitled to no compensation for their services but shall be entitled to\nreimbursement for their actual and necessary expenses incurred in the\nperformance of their official duties. The powers of the authority shall\nbe vested in and exercised by a majority of the members of the board\nthen in office. Such board may delegate to one or more of its members or\nto its officers, agents and employees such powers and duties as it may\ndeem proper. Such board and its corporate existence shall continue only\nto the thirty-first day of December, twenty hundred fifteen, and\nthereafter until all its liabilities and duties have been met and its\nbonds and notes have been paid in full or such liabilities, bonds and\nnotes have otherwise been discharged. Upon its ceasing to exist, all its\nrights and properties shall pass to the village.\n
N.Y. ENV Law § 27-2213 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2213
Regulations
Status: in_force

§ 27-2213. Regulations.\n  The department shall, after one or more public hearings, promulgate\nrules and regulations necessary to implement the provisions of this\ntitle including: (a) the methodology the department will use to\ndetermine who is a designated food scraps generator; (b) the waiver\nprocess; (c) procedures to minimize odors and vectors; (d) a list of all\ndesignated food scraps generators, organics recyclers, and all waste\ntransporters that manage source-separated organics; and (e) how\ndesignated food scraps generators shall comply with the provisions of\nparagraph (a) and subparagraph (i) of paragraph (b) of subdivision one\nof section 27-2203 of this title.\n
N.Y. PBA Law § 1622-F — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-F
Conveyance of property by the village to the authority; acquisition of property by the village or by the authority
Status: in_force

§ 1622-f. Conveyance of property by the village to the authority;\nacquisition of property by the village or by the authority. 1. The\nvillage may, by resolution or resolutions of the village board or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, to the authority real and personal property owned by the\nvillage for use by the authority as a project or projects or a part\nthereof or in connection therewith and pledge and pay to the authority,\nas security for its bonds, notes or other liabilities, certain revenues\nand income of the village from parking facilities owned or operated by\nthe village. In case of real property so conveyed, the title thereto\nshall remain in the village but the authority shall have the use and\noccupancy thereof for so long as its corporate existence shall continue,\nunless otherwise provided for by the authority and the village. In the\ncase of personal property so conveyed, the title shall pass to the\nauthority.\n  2. The village may acquire by gift, purchase or condemnation real\nproperty in the name of the village for any of the projects or for the\nwidening of existing roads, streets, parkways, avenues or highways or\nfor new roads, streets, parkways, avenues or highways to any of the\nprojects, or partly for such purposes and partly for other village\npurposes, by gift, purchase or condemnation in the manner provided by\nlaw for the acquisition of real property by the village. For like\npurposes, the village may close such streets, roads, parkways, avenues,\nor highways as may be necessary or convenient, except as to state\nhighways and arterial ways which may not be closed without the consent\nof the state commissioner of transportation.\n  3. Contracts may be entered into between the village and the authority\nproviding for the property to be conveyed or pledged and paid by the\nvillage to the authority, the additional property to be acquired by the\nvillage and so conveyed, the streets, roads, parkways, avenues, and\nhighways to be closed by the village and the amounts, terms and\nconditions of payment to be made by the authority. Such contracts may\nalso contain covenants by the village as to the road, street, parkway,\navenue and highway improvements to be made by the village and as to such\nmatters which pertain to any conveyance or pledge and payment of moneys\nor property to the authority. Any such contracts between the village and\nthe authority may be pledged by the authority to secure its bonds and\nnotes and may not be modified thereafter except as provided by the terms\nof such contract and such pledge. The village board of trustees may\nauthorize such contracts between the village and the authority and no\nother authorization on the part of the village for such contracts shall\nbe necessary. Any such contracts may be so authorized and entered into\nby the village and in such manner as the village board of trustees may\ndetermine, and the payments required to be made by the village may be\nmade and financed notwithstanding that no provision therefor shall have\nfirst been made in the capital budget of the village. All contractual or\nother obligations of the village incurred in carrying out the provisions\nof this title shall be included in and provided for by each capital\nbudget of the village thereafter made, if and to the extent that they\nmay appropriately be included therein.\n  4. Subject to subdivision four of section sixteen hundred twenty-two-d\nhereof, the authority may itself, subject to prior approval of the\nvillage board of trustees, acquire, in the name of the village, real\nproperty necessary or convenient in connection with any project at the\ncost and expense of the authority by purchase or condemnation pursuant\nto the eminent domain procedure law or pursuant to the laws relating to\nthe condemnation of land by the village. The authority shall have the\nuse and occupancy of such real property so long as its corporate\nexistence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project,\nthen, if such real property was acquired at the cost and expense of the\nvillage, the authority shall have power to surrender its use and\noccupancy thereof to the village, or, if such real property was acquired\nat the cost and expense of the authority, then the authority shall have\npower to sell, lease or otherwise dispose of said real property at\npublic or private sale, and shall retain and have the power to use the\nproceeds of sale, rentals or other moneys derived from the disposition\nthereof for its purposes.\n
N.Y. ENV Law § 27-2218 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2218
Supermarket excess edible food
Status: in_force

* § 27-2218. Supermarket excess edible food.\n  1. For the purpose of this section, "supermarket" means a physical\nretail store which has at the subject location more than ten thousand\nsquare feet devoted to offering food for human consumption for sale to\nthe general public and generates an annual average of less than two tons\nper week of food scraps pursuant to subdivision one of section 27-2201\nof this title.\n  2. Every supermarket shall from time to time make excess edible food\navailable to food relief organizations. No supermarket shall be required\nto make available a particular quantity or level of excess edible food\nor to transport or distribute any excess edible food.\n  3. A supermarket shall be deemed in compliance with this section if it\nin good faith arranges with a food relief organization that has\nrequested in writing to collect excess edible food from the supermarket\nfor the collection of such excess edible food. The rights, liabilities\nor immunity of any party under this section shall be governed pursuant\nto the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791\net seq.), as of January seventh, two thousand eleven.\n  4. A supermarket may impose reasonable restrictions as to the time and\nmanner of collection by a food relief organization so as not to\ninterfere with its business operations.\n  5. A supermarket may, in accordance with any applicable laws, dispose\nof any excess edible food which is not picked up by a food relief\norganization within a reasonable time.\n  6. Nothing in this section shall be construed to supersede any state\nor federal health laws or regulations regarding the handling of excess\nedible food.\n  7. A supermarket that does not meet the requirements of this section\nshall not be subject to the penalties specified in title twenty-seven of\narticle seventy-one of this chapter.\n  * NB Repealed December 31, 2026\n
N.Y. PBA Law § 1622-I — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-I
Bonds of the authority
Status: in_force

§ 1622-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds, in the aggregate principal amount not to exceed ten million\ndollars outstanding at one time, for any of its corporate purposes and\nto pay such expenses, costs and payments as may be deemed by the board\nnecessary or desirable to or in connection with the acquisition,\nconstruction, reconstruction, improving, equipping and furnishing of any\nproject and the financing thereof, including surveys, planning,\nprovisions for capitalized interest, reserve funds and appropriate\nfeasibility studies, and for the placing of the project or projects in\noperation. The authority shall have power from time to time and whenever\nit deems refunding expedient, to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany other purpose hereinabove described. The refunding bonds may be\nexchanged for the bonds to be refunded with such cash adjustments as may\nbe agreed, or may be sold and the proceeds applied to the purchase,\npayment or redemption of the bonds to be refunded. Except as may\notherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues. Whether or not the bonds are of such form and character as to\nbe negotiable instruments under article eight of the uniform commercial\ncode, the bonds shall be, and are hereby made, negotiable instruments\nwithin the meaning of and for all the purposes of the uniform commercial\ncode, subject only to the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, payable annually or semi-annually, be in such denominations, be\nin such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places, and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine; provided, however, that any private\nsale shall be subject to the approval of the state comptroller, where\nsuch sale is not to the comptroller, or the director of the budget,\nwhere such sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues of a project or projects\nand revenues and income of the authority to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding 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) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section sixteen hundred twenty-two-p of this\ntitle, and limiting or abrogating the right of the bondholders to\nappoint a trustee under said section or limiting the rights, duties and\npowers of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. Notwithstanding any other provision of law, it is the intention\nhereof that any pledge of revenues or other moneys made by the authority\nshall be valid and binding from the time when the pledge is made; that\nthe revenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act; and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded or filed in order to protect the security\ninterest granted.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds upon such terms and conditions as the authority may\ndetermine. The authority may hold, cancel or resell such bonds, subject\nto and in accordance with agreements with bondholders.\n  7. 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, bank or national banking association\nhaving the powers of a trust company in the state of New York. Such\ntrust indenture may contain such provisions for protecting and enforcing\nthe rights and remedies of the bondholders as may be reasonable and\nproper and not in violation of law, including covenants setting forth\nthe duties of the authority in relation to the construction,\nmaintenance, operation, repair and insurance of the project or projects,\nand the custody, safeguarding and application of all moneys, and may\nprovide that the project or projects shall be constructed and paid for\nunder the supervision and approval of consulting engineers. The\nauthority may provide by such trust indenture for the payment of the\nproceeds of the bonds and the revenues of the project or projects or\nother revenues of the authority to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects.  If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section sixteen\nhundred twenty-two-p of this title upon a trustee appointed by\nbondholders.\n
N.Y. PBA Law § 1622-J — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-J
Notes of the authority
Status: in_force

§ 1622-j. Notes of the authority. The authority shall have power from\ntime to time to issue notes and from time to time to issue renewal notes\n(herein referred to as notes), in an amount not exceeding at any time\none million dollars, for any purpose or purposes for which bonds may be\nissued, whenever the authority shall determine that payment thereof can\nbe made in full from any moneys or revenues which the authority expects\nto receive from any source. The authority may pledge such moneys or\nrevenues or source thereof (subject to any other pledge thereof) for the\npayment of the notes and may in addition secure the notes in the same\nmanner and with the same effect as herein provided for bonds. The notes\nshall be sold and issued in the same manner as bonds. The authority\nshall have power to make contracts for the future sale from time to time\nof the notes, by which the purchaser shall be committed to purchase the\nnotes from time to time on terms and conditions stated in such\ncontracts, and the authority shall have power to pay such consideration\nas it shall deem proper for such commitments.  In case of default on its\nnotes, or violation of any of the obligations of the authority to the\nnoteholders, the noteholders shall have all the remedies provided herein\nfor bondholders. Such notes shall be as fully negotiable as the bonds of\nthe authority.\n
N.Y. PBA Law § 1622-T — New York Code / Act PBA / Article 7 / Title 22 / Section 1622-T
Inconsistent provisions in other acts superseded
Status: in_force

§ 1622-t. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the village, the\nprovisions of this title shall be controlling.\n
N.Y. PBG Law § 425 — New York Code / Act PBG / Article 13 / Title 22 / Section 425
Binghamton Housing Authority
Status: in_force

§ 425. Binghamton Housing Authority.  A municipal housing authority,\nto be known as the Binghamton Housing Authority, is hereby created and\nestablished for the city of Binghamton in the county of Broome, 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 § 27-2209 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2209
Food scraps disposal prohibition
Status: in_force

§ 27-2209. Food scraps disposal prohibition.\n  Incinerators and landfills shall take all reasonable precautions to\nnot accept food scraps from designated food scraps generators required\nto send their food scraps to an organics recycler as outlined under\nsection 27-2203 of this title, after January first, two thousand\ntwenty-two, unless the designated food scraps generator has received a\ntemporary waiver under subdivision three of section 27-2203 of this\ntitle.\n
N.Y. ENV Law § 27-2205 — New York Code / Act ENV / Article 27 / Title 22 / Section 27-2205
Waste transporter responsibilities
Status: in_force

§ 27-2205. Waste transporter responsibilities.\n  1. Any waste transporter that collects food scraps for recycling from\na designated food scraps generator shall:\n  (a) deliver food scraps to a transfer facility that will deliver such\nfood scraps to an organics recycler unless such generator has received a\ntemporary waiver under subdivision three of section 27-2203 of this\ntitle; or\n  (b) deliver such food scraps directly to an organics recycler.\n  2. Any waste transporter that collects food scraps from a designated\nfood scraps generator shall take all reasonable precautions to not\ndeliver those food scraps to an incinerator or a landfill nor commingle\nthe material with any other solid waste unless such commingled waste can\nbe processed by an organics recycler or unless such generator has\nreceived a temporary waiver under subdivision three of section 27-2203\nof this title.\n
N.Y. ENV Law § 71-2201 — New York Code / Act ENV / Article 71 / Title 22 / Section 71-2201
Enforcement of title 23 of article 23 of this chapter
Status: in_force

§ 71-2201. Enforcement of title 23 of article 23 of this chapter.\n  Administrative and civil sanctions. 1. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by title 23\nof article 23 except the duty to accept used oil pursuant to section\n23-2307 or any person subject to section 23-2308 or any rule or\nregulation promulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to this section\nshall be liable for a civil penalty not to exceed one thousand dollars\nfor each such violation and an additional penalty of not more than five\nhundred dollars for each day during which such violation continues, to\nbe assessed by the commissioner after a hearing or opportunity to be\nheard pursuant to the provisions of section 71-1709 of this chapter,\nand, in addition thereto, such person may by similar process be enjoined\nfrom continuing such violation and any permit or certificate issued to\nsuch person may be revoked or suspended or a pending renewal application\ndenied.\n  2. Any person who refuses to accept used oil as required pursuant to\nsubdivision two of section 23-2307 shall be liable for a civil penalty\nnot to exceed one hundred dollars.\n  3. Any person who violates any provision of section 23-2308 of this\nchapter shall be subject to a civil penalty not to exceed two hundred\nfifty dollars for each violation.\n  4. Notwithstanding any other provision of law, any person who shall\nviolate the provisions of paragraph (c) of subdivision one of section\n23-2307 or paragraph (d) of subdivision two of section 23-2307 of this\nchapter shall be liable for a civil penalty of not more than five\nhundred dollars, and an additional civil penalty of not more than five\nhundred dollars for each day during which such violation continues, not\nto exceed ten thousand dollars.\n