N.Y. ENV Law § 15-2303 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2303
River improvement districts
Status: in_force

§ 15-2303. River improvement districts.\n  1. Bodies corporate which shall consist of and be known as river\nimprovement districts may be created as herein provided to carry out the\npurposes of title 23 of this article on some particular stream or part\nthereof. Such river improvement districts are declared to be public\ncorporations and shall have perpetual existence and the power to\nacquire, hold or sell such real estate or other property as may be\nnecessary, to sue and to be sued, to incur contract liabilities, to\nexercise the right of eminent domain and of assessment and taxation and\nto do all acts and exercise all powers necessary to accomplish the\npurposes of title 23 of this article. Such powers shall be exercised by\nand in the name of the district. The governing body of the district\nshall be the department, unless such district be combined with a river\nregulating district as provided below. Any watershed of the state or any\nintegral part of such watershed may be created into a river improvement\ndistrict pursuant to the provisions of title 23 of this article. The\ndebts, liabilities and obligations incurred by a river improvement\ndistrict shall in no event be construed as debts, liabilities or\nobligations of the State of New York, and neither the department nor any\nmember thereof in his individual capacity shall be liable therefor. Any\nriver improvement districts heretofore formed under the provisions of\nthis chapter are hereby declared to be bodies corporate and all the\nprovisions of this section shall be applicable to such river improvement\ndistricts. The general provisions and definitions appearing in sections\n15-1903 and 15-2101 are also applicable to title 23.\n  2. Any county, city, town or village, or any person or persons owning\nlands situated on, bordering on or near any river or watercourse may\npresent to the department a petition, duly verified, praying for the\nformation of a river improvement district. The petition shall set forth\nthe facts as to the effects on life, health, welfare and property of the\npresent flow of the stream and may state the method whereby the\npetitioners believe that the conditions complained of can be remedied or\nbettered. The department may by rule prescribe the form and nature of\nthe contents of such petition. On receipt of such petition the\ndepartment shall cause the matter to be investigated. The department may\nmake tentative determinations as to remedial measures, what properties\nwould be benefited, the cost of the work and the division of such costs\nbetween public corporations and private owners; or it may find that the\nrelief sought is impracticable or not of sufficient importance to\nwarrant state interference.\n  3. Notice of a hearing shall be given as follows:\n  a. The department shall set forth the material in subdivision 2 above\nin a report which shall be filed and notice of such filing, together\nwith the notice of a public hearing thereon, shall be given. If the\nreport is favorable, the notice shall also state that the department\ncontemplates the making of a survey and of an assessment of the costs of\nthe project, the costs of which survey and assessment will be assessed\non the properties and public corporations surveyed or assessed as\nbeneficiaries.\n  b. Whenever the department is required to give notice of a hearing or\nof any act performed or contemplated, it shall be given in accordance\nwith the provisions of subdivision 1 of section 15-0903.\n  4. At the hearing the department shall hear testimony and arguments\nwith regard to the proposed project. Thereafter the department shall\ndetermine whether the public health, safety or welfare require the\nformation of the district and shall make a final order with regard\nthereto. Such an order forming a district shall describe the boundaries\nthereof and state the name of the district and shall include orders to\nmake surveys, studies, estimates and assessments. The final order shall\nbe filed and notice of such filing given.\n  5. The department may proceed to make such surveys of the lands in the\nproposed district and the boundaries thereof and of the river and its\ntributaries and such other areas as may be necessary. For the carrying\nout of the purposes of this title 23 the department and its authorized\nagents may enter upon any such land as in its judgment may be necessary,\nthe district being liable only for actual damage done thereby. The\namount of such damages may be agreed upon between the department and the\nowner or occupant of such lands or if they cannot agree the amount of\nsuch damages shall be ascertained and determined by proper court action.\n  6. After the completion of the surveys the department shall prepare\nmaps of the proposed district showing the boundaries thereof, the\nboundaries and area of each public corporation in so far as it lies\nwithin the district, the boundaries of each parcel of land in the\ndistrict which is to be directly assessed, together with the name of the\nowner thereof as far as the same may be ascertained.  Where a parcel is\nintersected by the boundary of a public corporation, the area in such\nparcel in each such public corporation shall be separately given. The\nboundaries shall include all properties benefited, and may include\nproperties not benefited if necessary to make the district a continuous\narea with reasonably simple boundaries. Such maps shall also show as far\nas may be necessary the topography, and the natural and artificial\nfeatures of the lands within the district or elsewhere. The department\nshall also show on such maps and other plans the location and general\nstructural details of such works as may be required for the proposed\nimprovement. The department shall also prepare a general description of\nthe proposed works and an estimate of the cost of constructing such\nworks.\n  7. The department shall also determine the amount of benefit which\nwill accrue to each parcel of land in the district and shall apportion\nthe cost of such work among such parcels in proportion to the benefit\nwhich each will derive therefrom. If the department finds that any\npublic corporation will be benefited in its corporate capacity, it shall\nstate what proportion of the total cost of the works or of the various\nparts thereof shall be borne by such public corporation and only the\nremaining portion of the work shall be assessed on the individual\nowners. The department shall prepare a statement of its assessment and\napportionment. Certified copies of such maps, plans, estimates and other\npapers and of the assessment and apportionment shall be filed and notice\nof such filing and of the time and place for the hearing thereof shall\nbe given.\n  8. Thereafter the department shall proceed to hold the hearing and to\nconsider the testimony and arguments presented thereat. If it shall\nappear that additional areas should be included in the district and that\nadditional surveys are necessary, the department shall so determine and\nmay proceed to make such surveys in the same manner as is provided for\nthe original surveys. Upon completion of such hearings the department\nshall determine whether or not it is to the public interest to grant the\npetition, form the district and carry out the project, whether all\nproperties which will be benefited by the proposed works are included in\nthe district and whether the assessment and apportionment is just and\nequitable, and it shall make a final order with regard thereto.\nCertified copies of such final order shall be filed and notice of such\nfiling given. After the expiration of the time for review of such an\norder, if no review is had, or after the review is completed, the\ndepartment shall cause the same to be recorded. The district shall be\nheld to have been formed on the date of such final order but such\nformation shall not be effective until such order as made or as modified\non review shall have been recorded.\n  9. Any determination, apportionment, decision, order, maps or plans\nwhich the provisions of this title require to be filed and notice of\nsuch filing to be given, except in the case where a hearing is to be\nheld may be reviewed by any interested party as provided in section\n15-0905.\n  10. Wherever it is required in title 23 of this article that copies of\nmaps and documents be filed, certified copies thereof shall be filed in\nthe offices of the clerks of each county, town, city or incorporated\nvillage, any part of which is included in the district or proposed\ndistrict. Wherever it is required in title 23 of this article that any\ndocument be recorded, the department shall cause a certified copy\nthereof to be sent to the clerk of each county, any part of which is\nincluded in the district or proposed district, and such clerk shall\nthereupon record such document.\n  11. The department may change the boundaries of a district,\nconsolidate two or more districts or subdivide an existing district into\ntwo or more districts, the procedure for which shall be the same as is\nprovided for herein for the formation of a district, in so far as the\nsame is applicable.\n  12. Apportionment of costs shall be as follows:\n  a. Whenever it is practicable so to do, the department shall include\nin the cost of any survey made, or construction, maintenance or repair\nwork carried out under provisions of title 23 of this article the cost\nof all proceedings, hearings, notifications, filings, recordings,\nengineering, legal and all other services and expenses which lawfully\nmay be incurred, including the cost of acquisition of lands and\nrights-of-way, suits and prosecutions.\n  b. To pay the expenses of the surveys, preparation of maps, plans and\nestimates, the making of the assessment, the holding of the required\nhearings and other matters required by the provisions of this section,\nthe department may make funds available therefor. The assessment of such\ncosts shall be divided between public corporations and private persons\nin the manner set forth in the district assessment; the remaining amount\nshall be assessed on all the properties in the proposed district as\nshown by the maps filed in proportion to the assessed valuation of such\nproperties. In the event that any such property is cut by the district\nboundary, the department shall request the local assessors to divide the\nassessment between the portion within and that without the district and\nit shall be the duty of such assessors to make such division.\n  13. At any time after the formation of a district petition may be made\nto the department for additional construction or for major changes in\nthe project already adopted or the department, of its own motion, may\nsuggest such changes or additions. The procedure shall be that specified\nin this section as far as it is applicable.  The same procedure may also\nbe followed in order to authorize the raising of additional funds for a\nproject already adopted, should it be found that sufficient funds were\nnot originally authorized.\n
N.Y. ENV Law § 9-2304 — New York Code / Act ENV / Article 9 / Title 23 / Section 9-2304
Land to be acquired for inclusion in the forest preserve in the Adirondack park
Status: in_force

* § 9-2304. Land to be acquired for inclusion in the forest preserve in\n            the Adirondack park.\n  As an offset for the use of forest preserve lands for the sports\ncomplex, the state shall acquire no less than two thousand five hundred\nacres of land for inclusion in the forest preserve in the Adirondack\npark, subject to legislative approval. Such approval shall include a\nmetes and bounds description and an accurate survey of the lands\nproposed for inclusion in the forest preserve.\n  * NB Effective on the same date as a certain CONCURRENT RESOLUTION OF\nTHE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)\n
N.Y. ENV Law § 15-2311 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2311
Financing of river improvements; assessment and collection of cost; correction and revision of assessments
Status: in_force

§ 15-2311. Financing of river improvements; assessment and collection of\ncost; correction and revision of assessments.\n  1. After a river improvement project has been duly authorized and the\ndetermination of benefits and the apportionment of cost thereof duly\nrecorded, the department may finance such improvement pursuant to the\nLocal Finance Law. If obligations are issued, they shall not be\nconstrued in any event as obligations of the state, and neither the\nstate, the department, nor any member thereof personally shall be\nobligated to pay the principal or interest therefor. Such obligations\nshall be lawful investments for savings banks, trust companies,\nexecutors and trustees and for any of the funds of the state which by\nlaw may be invested. The proceeds thereof shall be deposited in a\nnational or state bank or trust company either in Albany or in one of\nthe counties in which such improvement is made, to be approved by the\nComptroller. Before any such deposit is made, the Comptroller shall\nrequire from the depository security for the repayment of the same to\nthe department upon demand of the moneys so deposited in the manner\nprovided in section 106 of the State Finance Law. Moneys received under\nthe provisions of title 23 of this article shall constitute a fund to be\nknown as the "river improvement district fund," and the portion thereof\napplicable to each improvement shall be separately kept by the\nComptroller and the same are hereby pledged to the payment of the cost\nand expenses of such improvement and the Comptroller is authorized and\ndirected to pay therefrom the costs and expenses of such improvement\nupon the order of the department or the authorized officer thereof.\n  2. The department shall, on or before September 1 following the\nissuing of any obligations and annually thereafter, prepare a statement\nof the amount to be raised during the ensuing year, in order to retire\nthe obligations maturing during such year, together with the interest\nthereon and the estimated cost of maintenance of such improvement for\nthe ensuing calendar year. Such statement shall be approved by the\nComptroller; it shall show the amount of the proportional share thereof\nto be paid by each county, town, city or village respectively as\ndetermined by the department, and such county, town, city or village\nshall cause the same to be assessed, levied and collected in the same\nmanner as provided by law with reference to general taxes, and paid to\ntreasurer of the county, who shall forthwith forward the same to the\nComptroller to be by him paid into the river improvement district fund\napplicable to such improvement; it shall also show the amount of the\nproportional share thereof to be paid by the lands and properties\ncollectively in such improvement district within each county during such\nyear, to be assessed, levied and collected as hereinafter provided.\nCopies of this statement shall be transmitted on or before September 1\nto the Comptroller, 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, the mayor of each city and the\nmayor of each village affected by such improvement.\n  3. The assessors of each town and city included in such improvement\ndistrict are hereby required to enter in a separate column in the annual\nassessment roll of such town or city before the delivery thereof to the\ncounty legislative body the description by number corresponding with the\nnumber thereof on said survey, map and descriptions so filed in the\ncounty clerk's office, each parcel of land and each designation or\ndescription of property within the county in such improvement district,\ntogether with the name of the then owner or owners thereof as far as the\nsame can be ascertained by the assessors, and set opposite such number\nand description of each separate parcel or property, in the column of\nthe roll for the total assessed valuation of property, the amount of\nbenefit by reason of such improvement received by such parcel or\nproperty as stated and specified in the determination of the department\nas modified by the court if so modified, and recorded in the office of\nthe clerk of the county.\n  4. The county legislative body shall each year at the time the annual\ntax levy is made levy upon each separate parcel and property in the\ncounty within such improvement district appearing upon the assessment\nrolls of the towns and cities included therein as herein provided, such\nportion of the amount to be paid by all of the property in the county\nwithin such improvement district appearing by the statement of the\ndepartment and the Comptroller made to the board as in title 23 of this\narticle provided as the amount so assessed against such parcel or\nproperty on the rolls for benefit accruing thereto bears to the\naggregate amount so assessed on the rolls against all of such lands and\nproperties, and the taxes so levied shall be collected in the same\nmanner as general taxes are levied and collected, and shall be like\nliens as general taxes until the amount thereof is paid to the county\ntreasurer of the county, superior in force and effect to all other liens\nexcept unpaid general taxes; provided, however, that the collection of\nsuch tax shall only be enforced by a sale of the land or property\nassessed.\n  5. On or before the first day of June in each year the county\ntreasurer shall pay the amount so to be raised in his county, as shown\nby the statement of the department and Comptroller of the previous year,\nto the Comptroller, who shall pay the same into the river improvement\ndistrict fund. The tax collectors and county treasurers collecting and\npaying such taxes to the Comptroller shall be governed by and have all\nthe powers specified in the Real Property Tax Law, which formerly were\nspecified in articles 4 and 7 of the Tax Law for the collection of taxes\nand sales of property by county treasurers for unpaid taxes and\nredemption of lands.\n  6. In the event that obvious errors or discrepancies should be\ndiscovered in any assessment of benefits or apportionment of cost made\nunder the provisions of title 23 of this article, the department may\ncorrect the same by filing corrected copies of the statement of such\nassessment and apportionment and following the procedure specified\nabove. Should such correction be made the county legislative body are\nempowered to levy additional sums on or to give credit to certain\nparcels to the end that the amount collected from each parcel shall be\nwhat it should have been had an error not been made. Such county\nlegislative body is also empowered to apply to the department for an\nadjustment of assessments among the various parts into which an original\nparcel may be subdivided. The department shall file and record its\nfindings in such cases as amendments to the original or corrected\nassessment, and shall give notice to the parties affected, but need hold\nno hearing thereon unless such hearing be demanded within ten days after\nnotice is given by a party affected. None of the above proceedings shall\nbe held to reopen the determination of an assessment or apportionment,\nor both, except as to the particular matter involved. Should the\ndepartment at any time find that a former assessment or apportionment\nappears with the lapse of time or in the light of new knowledge and\nexperience to have become inequitable it may so declare by written order\nand proceed to review the whole matter by following the full procedure\nlaid down in section 15-2303.\n
N.Y. ENV Law § 71-2303 — New York Code / Act ENV / Article 71 / Title 23 / Section 71-2303
Violation; penalties
Status: in_force

§ 71-2303. Violation; penalties.\n  1. Civil sanctions. a. Any person who violates, disobeys or disregards\nany provision of article twenty-four, including title five and section\n24-0507 thereof or any rule or regulation, local law or ordinance,\npermit or order issued pursuant thereto, shall be liable to the people\nof the state for a civil penalty of not to exceed eleven thousand\ndollars for every such violation, to be assessed, after a hearing or\nopportunity to be heard upon due notice and with the rights to\nspecification of the charges and representation by counsel at such\nhearing, by the commissioner or local government or in an action\ninitiated by the attorney general pursuant to section 71-2305 of this\ntitle or on the attorney general's own initiative. Each violation shall\nbe a separate and distinct violation and, in the case of a continuing\nviolation, each day's continuance thereof shall be deemed a separate and\ndistinct violation. Such penalty assessed by the commissioner or local\ngovernment may be recovered in an action brought by the attorney general\nat the request and in the name of the commissioner or local government\nin any court of competent jurisdiction. Such civil penalty may be\nreleased or compromised by the commissioner or local government before\nthe matter has been referred to the attorney general; and where such\nmatter has been referred to the attorney general, any such penalty may\nbe released or compromised and any action commenced to recover the same\nmay be settled and discontinued by the attorney general with the consent\nof the commissioner or local government. In addition, the commissioner\nor local government shall have power, following a hearing held in\nconformance with the procedures set forth in section 71-1709 of this\narticle, to direct the violator to cease violating the act and to\nrestore the affected freshwater wetland to its condition prior to the\nviolation, insofar as that is possible within a reasonable time and\nunder the supervision of the commissioner or local government. Any such\norder of the commissioner or local government shall be enforceable in an\naction brought by the attorney general at the request and in the name of\nthe commissioner or local government in any court of competent\njurisdiction. Any civil penalty or order issued by the commissioner or\nlocal government pursuant to this subdivision shall be reviewable in a\nproceeding pursuant to article seventy-eight of the civil practice law\nand rules.\n  b. Upon determining that significant damage to the functions and\nbenefits of a freshwater wetland is occurring or is imminent as a result\nof any violation of article twenty-four of this chapter, including but\nnot limited to (i) activity taking place requiring a permit under\narticle twenty-four of this chapter but for which no permit has been\ngranted or (ii) failure on the part of a permittee to adhere to permit\nconditions, the commissioner or local government shall have power to\ndirect the violator to cease and desist from violating the act. In such\ncases the violator shall be provided an opportunity to be heard within\nten days of receipt of the notice to cease and desist.\n  2. Criminal sanctions. Any person who violates any provision of\narticle twenty-four of this chapter, including any rule or regulation,\nlocal law or ordinance, permit or order issued pursuant thereto, shall,\nin addition, for the first offense, be guilty of a violation punishable\nby a fine of not less than two thousand nor more than five thousand\ndollars; for a second and each subsequent offense he shall be guilty of\na misdemeanor punishable by a fine of not less than four thousand nor\nmore than ten thousand dollars or a term of imprisonment of not less\nthan fifteen days nor more than six months or both. In addition to these\npunishments, any offender may be punishable by being ordered by the\ncourt to restore the affected freshwater wetland or adjacent area to its\ncondition prior to the offense, insofar as that is possible. The court\nshall specify a reasonable time for the completion of such restoration,\nwhich shall be effected under the supervision of the commissioner or\nlocal government. Each offense shall be a separate and distinct offense\nand, in the case of a continuing offense, each day's continuance thereof\nshall be deemed a separate and distinct offense.\n  3. All fines collected pursuant to this section shall be paid into the\nenvironmental protection fund established pursuant to section\nninety-two-s of the state finance law.\n
N.Y. ENV Law § 27-2303 — New York Code / Act ENV / Article 27 / Title 23 / Section 27-2303
Regulation of vehicle dismantling facilities
Status: in_force

* § 27-2303. Regulation of vehicle dismantling facilities.\n  All vehicle dismantlers owning or controlling a facility for the\ndismantling of end of life vehicles on site shall be subject to the\nrequirements of this title.\n  1. An annual report shall be submitted to the department, to be\nincluded on the department's website, including, but not be limited to,\nthe following:\n  (a) the number of end of life vehicles received at the facility;\n  (b) the number of end of life vehicles crushed and removed from the\nfacility;\n  (c) the number of end of life vehicles stored at the facility at the\nend of the reporting year;\n  (d) the approximate area at the facility used for storage of end of\nlife vehicles;\n  (e) the quantities of waste vehicle fluids extracted from end of life\nvehicles received and their disposition, including the quantity sold,\nused on-site, stored on-site, and disposed; and\n  (f) the number and if applicable nature of any violation of all\napplicable rules and regulations of the state.\n  2. All fluid draining, removal, and collection activities shall be\nconducted on asphalt or concrete surface or other surface that allows\nequivalent protections to surface and groundwater. Such surfaces shall\nbe cleaned daily, or more frequently when spillage has occurred, using\nabsorbent materials that are collected and properly disposed of.\n  3. All fluids shall be completely drained, removed, collected, and\nstored for appropriate use, treatment or disposal.\n  4. End of life vehicles arriving at the facility shall be inspected\nupon arrival for leaking fluids and unauthorized waste. Leaks should be\nremedied or contained to avoid releases of fluids to the environment.\n  5. Prior to vehicle crushing or shredding, the following potential\nenvironmental contaminants shall be drained, removed, deployed,\ncollected and/or stored, as appropriate and in accordance with best\nmanagement practices:\n  (a) fluids including engine oil, transmission fluid, transaxle fluid,\nfront and rear axle fluid, brake fluid, power steering fluid, coolant,\nand fuel;\n  (b) lead acid batteries;\n  (c) small PCB capacitors, mercury switches or other mercury containing\ndevices;\n  (d) refrigerants used in automobile air conditioning systems; and\n  (e) air bags are deployed or removed.\n  6. Fluids shall be contained in an appropriate container for the\nspecific waste vehicle fluid. Fluids that are stored shall be placed in\nclosed containers. The containers shall be in good condition. The\ncontainers shall be clearly and legibly marked as to contents.\nContainers shall be stored on a bermed asphalt or concrete surface or\nsurface that allows equivalent protection to groundwater.\n  7. Lead acid batteries shall not be stored on the ground. All lead\nacid batteries shall be covered by a tarp or other means in a manner\nthat severely restricts water from coming into contact with the lead\nacid battery. Leaking batteries shall be stored in a leakproof container\nseparately from intact lead acid batteries and provisions shall be in\nplace to absorb any leakage.\n  8. Small PCB capacitors, mercury switches and other mercury containing\ndevices shall be stored in an appropriate labeled container for\nrecycling or disposal.\n  9. No more than one thousand waste tires off vehicles shall be stored\nat the facility at any one time unless a permit is obtained pursuant to\nthis title.\n  10. Fluids shall not be intentionally released on the ground or to\nsurface water.\n  11. Ensure the safe storage of automobiles at such facilities,\nincluding the regulation of stacking automobiles.\n  12. Access to and use of facility shall be continuously controlled by\nfencing, gates, signs, or natural barriers.\n  13. Vegetation shall be controlled to prevent encroachment into fire\naccess lanes or driveways at the facility and to decrease the potential\nof fire.\n  14. Ensure the safe handling, processing and storage of any residues,\nincluding, but not limited to, product left over after an automobile is\ncrushed and parts have been extracted, in such a manner as to prevent\noff-site migration or run-off.\n  15. Dust shall be effectively controlled so to not constitute a\nnuisance or hazard to health, safety, or property.\n  16. The facility shall be maintained so as to prevent or control\non-site populations of vectors using techniques appropriate for\nprotection of human health and the environment and prevent the facility\nfrom being a vector breeding area.\n  17. The facility shall have a contingency plan which includes a\ndescription of the actions to be taken by facility employees in the\nevent of a fire, a spill or release of vehicle waste fluids, or\nunauthorized material is received at the facility.\n  18. Upon the receipt of an end of life vehicle, the date that it is\nreceived shall be recorded and maintained on-site.\n  * NB There are 2 § 27-2303's\n
N.Y. ENV Law § 23-2303 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2303
Official encouragement for the use of rerefined oil
Status: in_force

§ 23-2303. Official encouragement for the use of rerefined oil.\n  All state and local officials shall act within their authority to\nencourage the use of rerefined oil. Such action shall include, but not\nbe limited to:\n  1. Review of any laws, rules and regulations, ordinances or\nspecifications which exclude the use of rerefined oil products that meet\nthe standards as specified in the American Petroleum Institute's engine\nservice classifications for oil products; and\n  2. Educating the private sectors of the economy as to the merits of\nrerefined oil, and the need for its use in order to reduce the drain on\nthe nation's oil reserves and minimize the disposal of used oil in ways\nharmful to the environment.\n
N.Y. ENV Law § 9-2301 — New York Code / Act ENV / Article 9 / Title 23 / Section 9-2301
Legislative purpose and intent
Status: in_force

* § 9-2301. Legislative purpose and intent.\n  1. It is the intent of the legislature to hereby implement the\namendment to section one of article fourteen, of the New York state\nconstitution pertaining to the Mount Van Hoevenberg Olympic Sports\nComplex located on forest preserve lands in the town of North Elba in\nEssex County.\n  2. The legislature further intends that implementation of the\nconstitutional amendment should be accomplished in a manner that ensures\nthe integrity of the forest preserve land on which the sports complex is\nsituated and results in a significant increase of forest preserve\nacreage in the Adirondack park.\n  3. The legislature intends that, as offset for the use of forest\npreserve lands for the sports complex, the state shall acquire as an\naddition to the forest preserve at least two thousand five hundred acres\nof true forest land located in the Adirondack park. To ensure that such\nlands will be acquired and have characteristics suitable for inclusion\nin to the forest preserve, the legislature intends to review and approve\nthe acquisition of such lands.\n  4. 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 hereby implement the constitutional\namendment pertaining to the Mount Van Hoevenberg Olympic Sports Complex.\n  * NB Effective on the same date as a certain CONCURRENT RESOLUTION OF\nTHE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)\n
N.Y. ENV Law § 15-2317 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2317
Construction of reservoir on state-owned lands in a forest preserve
Status: in_force

§ 15-2317. Construction of reservoir on state-owned lands in a forest\n             preserve.\n  If as a part of any project for the improvement of a district it is\nnecessary to construct a reservoir on any part of the forest preserve,\nthe department must, before making the final order, cause such lands to\nbe accurately surveyed and the boundaries of the lands needed and the\nhigh flow line of the reservoir to be accurately fixed and thereafter,\nafter due notice, to hold a public hearing as to whether such lands are\nrequired for such public use and, if so required, as to what will be a\nreasonable return to the state upon the value of the rights and property\nof the state so used and the services of the state as to such lands if\nsuch improvement is made. If it be determined that such lands are so\nrequired, such determination must be incorporated in the final order\nwith a statement of the boundaries, the high flow line, the acreage and\nthe amounts to be paid to the state for the lands and services. Such\npayments to the state and the cost of building such portions of the\nreservoir as are on state forest preserve lands shall be apportioned\nlike other costs and expenses on the municipalities, other public\ncorporations and properties benefited to the extent of the benefits\nreceived. If additional land is required it shall be acquired or taken\nin the name of the state and the entire reservoir shall be the property\nof the state, although paid for by the district and dedicated for the\npurposes for which constructed. Such reservoir shall always be operated\nby the department or other state authority for the benefit of the\ndistrict.  The reasonable return to the state shall be fixed for terms\nnot exceeding ten years and may be changed at the beginning of any new\nterm. The high flow line of a reservoir as referred to in title 23 of\nthis article is hereby defined as the level of the water in the\nreservoir when the greatest flood reasonably to be expected is passing\nover the spillway of the dam with all outlet gates closed. Before any\nsuch state lands are flooded, the timber shall be removed therefrom and\nthe construction thereof shall be approved by the Commissioner of Health\nas not creating or tending to create any unsanitary condition.\n
N.Y. ENV Law § 15-2319 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2319
Payment by the state of part of cost of river improvement
Status: in_force

§ 15-2319. Payment by the state of part of cost of river improvement.\n  Should the department find that the state of New York properly should\nbear a part of the cost of any river improvement, it is hereby\nauthorized to so recommend to the Legislature and it may not proceed\nfurther with the project until the Legislature has made the necessary\nprovisions for the payment of such costs or unless the project be so\nmodified as to eliminate state contributions to the cost thereof. Except\nunder the above circumstances the state shall be liable for no costs in\nconnection with any such improvement except that the salaries and\ngeneral expenses of the members of the department not specifically\nassigned to the particular project are not to be assessed upon the\ndistrict.\n
N.Y. ENV Law § 15-2307 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2307
Construction contracts
Status: in_force

§ 15-2307. Construction contracts.\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\nportion thereof, shall not exceed the sum of ten 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 day's work under his direction.  The\ndepartment may prepare contracts, plans and specifications for doing\nsuch 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 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 anonuncement 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 23 of this article. The department is\nauthorized to furnish copies of such contract plans and specifications\nto prospective bidders at a price which it shall find to be reasonable\nand to pay the funds so received into the river improvement district\nfund. Every bid or proposal must be in writing and be accompanied by a\nmoney deposit in the form of a draft or certified check upon some\nnational or state bank or trust company within the state in good credit\nand payable at sight to the department for five per cent of the total\namount of the proposal. In case the proposer to whom such contract shall\nbe awarded shall fail or refuse to enter into such contract within the\ntime fixed by the department, such deposit shall be forfeited to the\ndepartment and paid by it into the river improvement district fund;\notherwise such deposits shall be returned.  The proposals received\npursuant to the advertisement shall be publicly opened and read at the\ntime and place designated. The department may reject any and all bids\nand re-advertise and award the contract in the manner herein provided\nwhenever in its judgment the interests of the district will be enhanced\nthereby.\n  3.  No contract, the total of which exceeds by more than ten per cent\nthe gross cost of the work as estimated by the department shall be\nawarded. The contract shall be entered into with the person, firm or\ncorporation who shall offer to do and perform the same at the lowest\nprice and who will give adequate security for the faithful and complete\nperformance of the contract. Such security shall be approved as to\ncharacter and sufficiency by the department and as to form by the\nAttorney General and shall be at least ten per cent of the amount of the\nestimated cost of the work according to the contract price. If, in the\njudgment of the department, the work upon any contract is not being\nperformed according to the contract, or for the best interests of the\ndistrict, it shall have power to suspend or stop the work under such\ncontract while it is in progress and it shall thereupon become the duty\nof the department to complete the same in such manner as will accord\nwith the contract specifications and be for the best interests of the\ndistrict, or the contract may be cancelled and re-advertised and relet\nin 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.\n  4. Partial payment for work actually done may be provided for in the\ncontract and paid in the manner hereinbefore provided to an amount not\nto exceed ninety per cent of the contract price. The payments due on\naccount of any such contracts, or for necessary expense or work in\nconnection therewith, shall be paid from the river improvement district\nfund as hereinbefore provided.\n
N.Y. PBG Law § 426 — New York Code / Act PBG / Article 13 / Title 23 / Section 426
Albany Housing Authority
Status: in_force

§ 426. Albany Housing Authority.  A municipal housing authority, to be\nknown as the Albany Housing Authority, is hereby created and established\nin the city of Albany in the county of Albany for the accomplishment of\nany or all of the purposes specified in article eighteen of the\nconstitution of the state of New York.  It shall constitute a body\ncorporate and politic and consist of five members. It shall have the\npowers and duties now or hereafter conferred by this chapter upon\nmunicipal housing authorities. It shall be organized in the manner\nprescribed by and subject to the provisions of this chapter, and the\nauthority, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of this\nchapter. Such authority shall have perpetual duration; provided,\nhowever, that if, at the expiration of three years subsequent to the\ntime this section as hereby amended takes effect, there shall be\noutstanding no bonds or other obligations of such authority, theretofore\nissued for any of the purposes authorized in this chapter, then its\ncorporate existence shall thereupon terminate and such authority shall\nthereupon be deemed to be and shall be dissolved.\n
N.Y. ENV Law § 71-2301 — New York Code / Act ENV / Article 71 / Title 23 / Section 71-2301
Applicability of title
Status: in_force

§ 71-2301. Applicability of title.\n  In addition to the provisions of sections 71-0101, 71-0301 and title\nfive of this article, the provisions of this title shall be applicable\nto the enforcement of article twenty-four of this chapter.\n
N.Y. ENV Law § 15-2313 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2313
Operation, maintenance, repair and extension of river improvements
Status: in_force

§ 15-2313. Operation, maintenance, repair and extension of river\n             improvements.\n  1. The care, operation and maintenance of any works of the river\nimprovement district shall be subject to the control and supervision of\nthe department. It shall be the duty of the department to maintain any\nworks constructed by it in serviceable condition. To that end the\ndepartment is authorized to hire employees, purchase or rent land,\nbuildings, tools or machinery, to let work by contract or to carry out\nprojects by day labor. The procedure to be followed for the\nauthorization, financing and assessment of the cost of such work or\npurchases shall be that specified in section 15-2303 except that\nproceedings may be initiated by the department of its own motion. In\ncases where a permanent maintenance or operating force is necessary, the\ndepartment may annually prepare a maintenance budget which shall be\ntreated as a repair project under subdivision 2 below.\n  2. Major repairs, alterations, extensions and improvements in any\nriver improvement district may be made by the department on petition\ntherefor and after procedure thereon similar to that specified in\nsection 15-2303 hereof, for original construction. If additional surveys\nare required, they may be authorized and paid for as provided in section\n15-2303 hereof, except that the cost of surveys and other expenses may\nbe included in the cost of the improvement and assessed on the\nproperties benefited in accordance with the benefits to be derived from\nsuch improvements. Except where the department shall otherwise\ndetermine, the cost of improvements and repairs on works already built\nunder the provisions of title 23 of this article, shall be assessed in\nthe same manner as the original cost was assessed, but the department\nmay make a new assessment by following the procedure above specified.\nAny such project for repairs, alterations, extensions and improvements\nmay be initiated by the department.\n
N.Y. ENV Law § 15-2315 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2315
Unlawful interference with improvement works
Status: in_force

§ 15-2315. Unlawful interference with improvement works.\n  It shall be unlawful for any person to damage, alter, change or\ninterfere with any works constructed under the provisions of title 23 or\nto open or close, or cause to be opened or closed, a gate or gates in\nany dam or dike or a gate in any head race or obstruct any channel\nconstructed under title 23 so far as the same relates to such\nimprovements, without the consent of the department. After the\nimprovement of any channel or watercourse has been authorized it shall\nbe unlawful for any person or public authority to construct any dam or\nother structure on the bed of such stream or any bridge across it until\nthe department has found that such construction or bridge will not\nunduly affect the projected or completed improvement.\n
N.Y. ENV Law § 23-2311 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2311
Reports
Status: in_force

§ 23-2311. Reports.\n  The commissioner shall in consultation with the commissioners of the\nstate energy office and transportation, submit a report to the governor\nand legislature not later than April first of each year, containing, but\nnot limited to, the following information:\n  1. The amount of lubricating oil sold throughout the state in the\nprevious year;\n  2. The amount and location of used oil collected and the amount\nreceived in the previous year;\n  3. The significance of used oil as a contributor to air and water\npollution and other environmental problems;\n  4. The problems of the oil rerefining industry in carrying out the\npurposes of this title, and possible solutions thereto, including but\nnot limited to, new technological requirements, marketing techniques and\ndeficiencies and suggested tax incentive programs;\n  5. The estimated impact which the provisions of this title and other\nrelevant provisions of law have had upon the conservation of petroleum\nresources; and\n  6. Proposals for further legislative action to aid in carrying out the\npurposes of this title.\n
N.Y. ENV Law § 15-2309 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2309
Entry upon lands, structures and waters; acquisition of property
Status: in_force

§ 15-2309. Entry upon lands, structures and waters; acquisition of\n             property.\n  The department, its members, officers, employees and agents may enter\nupon any land, structures and waters necessary for the purposes of title\n23 of this article and may determine what rights in and to such property\nare to be acquired therein. If the owner of any property to be taken, or\non or over which an easement is to be taken, for such improvement shall\nagree with the department upon the sum to be paid therefor, or for the\nright to use and occupy the same, or for any damages sustained, such sum\nshall be paid as hereinafter provided as part of the necessary expense\nincurred for the purpose of such improvement. If the department cannot\nagree with the owners upon the compensation and damages to be paid for\nthe property or easement to be so taken the department shall proceed to\nacquire title thereto under the provisions of the eminent domain\nprocedure law. All real property acquired by a river improvement\ndistrict shall be exempt from taxation.\n
N.Y. ENV Law § 11-2305 — New York Code / Act ENV / Article 11 / Title 23 / Section 11-2305
Sale of trees, timber and other products
Status: in_force

§ 11-2305. Sale of trees, timber and other products.\n  Sale of trees, timber and other products sold by the department\npursuant to subdivision 2 of section 11-2101 shall be conducted as\nprovided in section 9-0505 of this chapter.\n
N.Y. ENV Law § 15-2305 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2305
River improvement associations
Status: in_force

§ 15-2305. River improvement associations.\n  There shall be in each river improvement district an association to be\nknown by the name of the district, as..................River Improvement\nAssociation. It shall be the object of this association to represent the\ninterests of its members before the department and elsewhere and to\nserve as a channel of communication between the members thereof and the\ndepartment. Each public corporation and each owner of land within the\ndistrict and each lessee of 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 the district the association, if already\nformed, shall call a meeting of the members of the association and\nperfect a permanent organization. If no association has been formed the\ndepartment shall call a meeting for the purpose of forming such an\nassociation and a representative of the department shall preside thereat\nuntil a temporary chairman is elected. Such association shall adopt\nby-laws for the transaction of its business. The association shall\nchoose from among its members a president, secretary and executive\ncommittee and such other officers and committees as the by-laws may\nprovide. It shall be the duty of the secretary to keep a list of the\nmembers and their addresses and to furnish the department with a list of\nsuch members on request. The association may require the payment of\nannual dues or contributions to the association treasury, the amount of\nsuch contribution and the manner of collecting the same to be decided by\nthe association. The annual meeting of the association shall be held\nduring the month of February in each year, at which meeting the officers\nshall be elected and the association shall determine what further work,\nif any, it desires during the ensuing year. Immediately after the close\nof the annual meeting the secretary of the association shall submit to\nthe department a list of names and addresses of the officers for the\nyear and a petition setting forth the desires of the association.\n
N.Y. ENV Law § 71-2305 — New York Code / Act ENV / Article 71 / Title 23 / Section 71-2305
Enforcement
Status: in_force

§ 71-2305. Enforcement.\n  1. The attorney general, upon their own initiative or upon complaint\nof the commissioner or local government, shall prosecute persons alleged\nto have violated article twenty-four of this chapter.\n  2. The commissioner or local government shall have the right to seek\nequitable relief to restrain any violation or threatened violation of\nany provisions of article twenty-four.\n  3. In exercising its authority pursuant to title eight of article\ntwenty-four of this chapter, the Adirondack park agency shall have\nauthority to exercise the powers of the commissioner to enforce article\ntwenty-four set forth in this title; provided, however, that nothing\nherein contained shall empower the agency to exercise the powers granted\nthe commissioner by section 71-0525 of this article.\n
N.Y. ENV Law § 23-2301 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2301
Definitions
Status: in_force

§ 23-2301. Definitions.\n  For the purposes of this title:\n  1. The term "used oil" means all petroleum-based lubricating oils\nwhich have through use been contaminated by physical or chemical\nimpurities which have not been removed by subsequent rerefining;\n  2. The term "rerefined oil" means used oil which has been refined to\nremove the physical and chemical contaminants so that it shall be\nsuitable for lube stock or fuel oil acquired through use, which by\nitself or when blended with new oil or additives is substantially\nequivalent or superior to new oil intended for the same purposes, as\nspecified in the American Petroleum Institute's engine service\nclassifications;\n  3. The term "new oil" means all oil which has been refined from virgin\noil and may or may not contain additives, but has never been used, and\ndoes not include used oil or rerefined oil;\n  4. The term "lubricating oil" means all petroleum-based oil which:\n  a. is suitable for use as a lubricant, or\n  b. is sold for use as a lubricant, and\n  c. is not consumed in normal use;\n  5. The term "fuel oil" means all oil which has been refined,\nrerefined, or otherwise processed for the purpose of being burned to\nproduce heat;\n  6. The term "on-premises oil changing operation" means any\nestablishment that drains or collects used oil and replaces the used oil\nwith new or rerefined lubricating oil;\n  7. The term "service establishment" means every automobile service\nstation including gas only outlets and any other retail outlet and boat\nmarina selling at least five hundred gallons of lubricating oil annually\nand having an on-premises oil changing operation;\n  8. The term "used oil collector" means any waste transporter as\ndefined in title three of article twenty-seven of this chapter who\ncontrols a system which functions to retrieve or collect used oil for\nsale or transfer to oil rerefining facilities, or for other methods of\ndisposal, but shall not include service establishments;\n  9. The term "rerefiner" means any person who rerefines used oil to\nremove its physical and chemical contaminants; and\n  10. The term "disposal" means the discharge, deposit, injection,\ndumping, spilling, leaking or placing of any used oil into or on any\nland or water so that such used oil or any related constituent thereof\nmay enter the environment or be emitted into the air or discharged into\nany waters of the state including groundwaters thereof. Disposal shall\ninclude the incineration of used oil and the burning of used oil for the\npurpose of recovering usable energy.\n  11. The term "retail establishment" means every vendor that sells\nlubricating oil at retail in quantities in excess of one thousand\ngallons per year.\n
N.Y. GMU Law § 592 — New York Code / Act GMU / Article 15-B / Title 23 / Section 592
City of Tonawanda community development agency
Status: in_force

§ 592. City of Tonawanda community development agency. An urban\nrenewal agency, to be known as the city of Tonawanda community\ndevelopment agency, is hereby established for the accomplishment of any\nor all of the purposes specified in articles fifteen and fifteen-A of\nthis chapter and in accordance with article eighteen of the constitution\nof the state of New York. It shall constitute a body corporate and\npolitic, and be perpetual in duration. It shall consist of the mayor,\nwho shall be the chairman and six other members to be appointed by the\nchairman. It shall have the powers and duties now or hereafter conferred\nby article fifteen-A of this chapter upon municipal renewal agencies. It\nshall be organized in the manner prescribed by and be subject to the\nprovisions of article fifteen-A of this chapter and the agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of such article.\n
N.Y. ENV Law § 11-2301 — New York Code / Act ENV / Article 11 / Title 23 / Section 11-2301
Rules and regulations
Status: in_force

§ 11-2301. Rules and regulations.\n  Rules and regulations adopted by the department pursuant to the Fish\nand Wildlife Law shall be adopted as provided in the state\nadministrative procedure act.\n
N.Y. ENV Law § 15-2301 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2301
Legislative purpose
Status: in_force

§ 15-2301. Legislative purpose.\n  The purpose of title 23 of this article is to provide a method by\nwhich a project may be undertaken to improve the channel, construct\ndikes or regulate the flow of a river for the protection of life,\nproperty and the public health or welfare from damage by floods, such\nwork in general to be done at the expense of the owners of the\nproperties and of the political subdivisions of the state benefited\nthereby.\n
N.Y. ENV Law § 23-2308 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2308
Prohibited disposal of used oil
Status: in_force

§ 23-2308. Prohibited disposal of used oil.\n  1. No person shall engage in the improper disposal of used oil. Used\noil shall only be deposited in an available used oil retention facility\nor disposed of as otherwise authorized or permitted by the commissioner.\n  The provisions of this section shall not apply to the use of used oil\nfor maintenance or lubrication of agricultural equipment.\n  2. No person shall sell or offer for sale a used oil disposal kit or\nproduct which is comprised of absorbent material into which the\nlubricating oil from a vehicle is drained when performing an oil change\nand which is intended for disposal into the solid waste stream rather\nthan for reuse or recycling.\n
N.Y. ENV Law § 11-2303 — New York Code / Act ENV / Article 11 / Title 23 / Section 11-2303
Disposition of moneys
Status: in_force

§ 11-2303. Disposition of moneys.\n  1. Moneys received in accordance with the terms of any cooperative\nagreement for promoting fish and wildlife conservation practices\npursuant to paragraph d of subdivision 1 of section 11-2101 unless\notherwise expressly provided, shall be deposited in the conservation\nfund as provided by section 83 of the State Finance Law to be available,\nafter appropriation by the Legislature, for any of the purposes\nspecified in that section.\n  2. Any moneys received by gift or devise pursuant to subdivision 2 of\nsection 11-2103 shall be deposited and disbursed as provided by sections\n11 and 83 of the State Finance Law.\n
N.Y. ENV Law § 9-2302 — New York Code / Act ENV / Article 9 / Title 23 / Section 9-2302
Definitions
Status: in_force

* § 9-2302. Definitions.\n  For purposes of this title, the following terms shall have the\nfollowing meanings:\n  1. "Appurtenances" shall mean those facilities that are directly\nrelated to and necessary for the construction, operation, maintenance,\nand public use of modern Nordic skiing and biathlon trails, such as\naccess roads, parking lots, sanitary facilities, offices, day lodges and\namenities, snowmaking, five kilometer of paved training trails, and an\nopen-air Nordic skiing and biathlon stadium. This term shall not\ninclude:\n  (a) facilities such as zip lines, hotels, condominiums, swimming\npools, all-terrain vehicles or off-road vehicles for public use, tennis\ncourts and other structures and improvements which are not directly\nrelated to and necessary for operation, maintenance, and public use of\nthe sports complex; or\n  (b) any structure located at or above an elevation of two thousand two\nhundred feet above sea level used for the sale of any goods, services,\nmerchandise, food, or beverage.\n  2. "Mount Van Hoevenberg Olympic Sports Complex" means a one thousand\nthirty-nine and two-tenths acre parcel of forest preserve land located\nin the town of North Elba in Essex County on which the Mount Van\nHoevenberg Olympic Sports Complex is currently located. For purposes of\nthis title, land owned by the town of North Elba which is located\nadjacent to forest preserve land and over which the state has an\neasement, including land on which the Olympic bobsled run is located,\nshall not be considered part of such sports complex.\n  * NB Effective on the same date as a certain CONCURRENT RESOLUTION OF\nTHE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)\n
N.Y. ENV Law § 23-2307 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2307
Used oil retention facilities required; installation and maintenance; posting of notice
Status: in_force

§ 23-2307. Used oil retention facilities required; installation and\n             maintenance; posting of notice.\n  1. Service establishments. a. Every service establishment, and every\nother person, industrial operation, airport, trucking terminal, state or\nlocal government facility generating at least five hundred gallons of\nused oil annually, shall, no later than September first, nineteen\nhundred seventy-nine, provide and maintain used oil retention\nfacilities, properly sheltered and protected to prevent spillage,\nseepage or discharge of used oil into storm or sanitary sewers or into\nor on any lands or waters of the state including groundwaters thereof.\nThe used oil shall be periodically removed from the retention facility\nby a waste transporter duly permitted by the department under the\nprovisions of title three of article twenty-seven of this chapter.\nWaste transporters may dispose of used oil only by delivery to a\nrerefiner except where otherwise permitted by the commissioner. Rules\nand regulations defining proper design and maintenance of a retention\nfacility may be promulgated by the commissioner.\n  b. An owner or an employee of every service establishment who is\npresent on the premises shall be required to accept during the normal\nbusiness hours of the establishment and at no charge, used oil in\nquantities not exceeding five gallons per day from any individual;\nprovided, however, this requirement to accept does not apply if the\npetroleum-based lubricating oil brought to the establishment is\ndetermined to have been contaminated through other than ordinary and\nnormal use, and does not apply if the used oil retention facility is\ntemporarily filled to capacity; and provided further that such\nestablishment need only accept used oil in screw-top, rigid, closed\ncontainers. No such establishment shall impose upon a customer a\nseparate charge or fee for accepting or disposing of used oil; nor shall\nsuch establishment impose any charge upon any individual who is not a\ncustomer for such service.\n  c. Every service establishment shall post a conspicuous sign, open to\npublic view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE".\nSuch establishment may additionally state, on the same sign or an\nadditional sign, that used oil is accepted only during normal business\nhours and may state such hours.\n  2. Retail establishments. a. Unless exempted, every retail\nestablishment shall provide and maintain used oil retention facilities,\nproperly sheltered and protected to prevent spillage, seepage or\ndischarge of used oil into storm or sanitary sewers or into or on any\nlands or waters of the state including groundwater thereof. The used oil\nshall be periodically removed from the retention facility by a waste\ntransporter duly permitted by the department under the provisions of\ntitle three of article twenty-seven of this chapter. Waste transporters\nmay dispose of used oil only by delivery to a rerefiner except where\notherwise permitted by the commissioner. Rules and regulations defining\nproper design and maintenance of a retention facility may be promulgated\nby the commissioner.\n  b. Every retail establishment shall be required to accept at no\ncharge, used oil in quantities not exceeding five gallons per day from\nany individual during normal business hours of the establishment;\nprovided, however, this requirement to accept does not apply if the\npetroleum-based lubricating oil brought to the establishment is\ndetermined to have been contaminated through other than ordinary and\nnormal use; and provided further, that such establishment need only\naccept used oil in screw-top, rigid, closed containers.\n  c. Exemptions. Pursuant to rules and regulations promulgated by the\ndepartment for the implementation of this section, a retail\nestablishment shall not be required to accept used oil if:\n  (1) the used oil retention facility is temporarily filled to capacity;\nor\n  (2) the retail establishment has a current contract with another\nretail establishment, municipality or service establishment with an\non-premises used oil retention facility, for the collection of the\ncontracting retail establishment's used lubricating oil. In counties or\ncities with a population of one million or more the distance between\nsuch contracting retail establishment and the contractor shall not\nexceed eight miles. In all other areas of the state the contracting\nretail establishment and the contractor shall be within the same or\nadjacent towns or cities; or\n  (3) the retail establishment has been granted a hardship waiver by the\ncommissioner for the inability to comply with this section.\n  d. Signs required. (1) Every retail establishment with an on-premises\nused oil retention facility shall post a conspicuous sign, open to\npublic view, stating "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE".\nSuch establishment may additionally state, on the same sign or an\nadditional sign, that used oil is accepted only during normal business\nhours, and may state such hours.\n  (2) Every retail establishment that contracts with another retail\nestablishment or service establishment, shall post a conspicuous sign,\nopen to the public view stating: "USED OIL FOR RECYCLING WILL BE\nACCEPTED BY (name of contracted establishment) AT (Address of contracted\nestablishment) AT NO CHARGE". Such establishment may additionally state,\non the same sign or an additional sign, that used oil is accepted only\nduring normal business hours of the contracted establishment, and may\nstate such hours.\n  3. For the purposes of this section, so long as a service or retail\nestablishment shall maintain its used oil retention facilities in\ncompliance with the provisions of this section and any rules and\nregulations promulgated hereunder and shall deliver collected quantities\nof used oil to a duly permitted waste transporter or dispose of the used\noil as otherwise authorized or permitted by the commissioner, such\nservice establishment shall be exempt from the provisions of titles\nseven and nine of article twenty-seven and article seventy-two of this\nchapter.\n
N.Y. ENV Law § 71-2307 — New York Code / Act ENV / Article 71 / Title 23 / Section 71-2307
Abatement of pollution
Status: in_force

§ 71-2307. Abatement of pollution.\n  Where any freshwater wetlands have been damaged or endangered by\npollution or are subject to pollution, the commissioner shall take all\nappropriate action to abate the pollution. The commissioner may restrict\nor order cessation of solid waste disposal, deep well disposal, or\nliquid waste disposal where such is polluting a given freshwater\nwetland.\n
N.Y. ENV Law § 15-2321 — New York Code / Act ENV / Article 15 / Title 23 / Section 15-2321
River improvement district with federal aid
Status: in_force

§ 15-2321. River improvement district with federal aid.\n  1. In the event that any agency of the government of the United States\nshall be willing to perform, direct or finance any work for the\nimprovement of a river, as specified in title 23 of this article, in\nsuch manner that the greater part of the cost of such work shall be paid\nby such government, the department shall have power to form a river\nimprovement district covering the areas to be benefited by such work by\nfollowing the procedure set forth in this section, in lieu of the\nprocedure specified in the preceding sections of title 23 of this\narticle.\n  2. The department may proceed of its own motion to form such district\nand to authorize the proposed work as though a petition therefor had\nbeen filed as provided in section 15-2303. It may negotiate with the\nfederal government, investigate the proposed district and prepare a\nwritten report thereon, describing the proposed district and the\nproposed works, and giving estimates of the cost of the various parts of\nthe work which may be a charge against the proposed district. Such\nreport shall be filed and notice of such filing and of a hearing thereon\ngiven as provided in section 15-2303, except that the period of notice\nprovided for in section 15-2303 shall be halved. After the final hearing\nthe department shall determine whether it is in the public interest to\nform the district and to proceed with the work and in general terms,\nwhat public corporations and lands will be benefited thereby.  These\nmatters shall be embodied in a written order, which shall, if the action\nis favorable, contain orders to make surveys, assessments, enter into\nagreements with agencies of the federal government, acquire lands and\nrights in lands and all other matters which may be needful for the\ncarrying out of the proposed project. Such written order shall state\nwhether it is planned to issue obligations pursuant to the Local Finance\nLaw. Certified copies of the determination and order shall be filed and\nnotice of such filing given. Such determination and order may be\nreviewed pursuant to section 15-0905, but application for review must be\nmade within ten days after such filing. If no review is had, the\ndepartment shall cause the same to be recorded. The district shall be\nheld to have been formed on the date of such final order, but such\nformation shall not be effective until such order, as made or as\nmodified on review, shall have been recorded.\n  3. 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 to appropriate lands and rights in lands, including\nsites for camps and appurtenant facilities, access roads, borrow pits,\nquarries, spoil banks and all necessary and proper matters, to incur\ncontractual obligations, to employ the necessary personnel and generally\nto do whatever is necessary to carry out the proposed project or\nprojects.\n  4. After such district is formed and the original federal project\nauthorized, major changes in such project, additional federal projects,\nchanges in district boundaries necessitated by such federal projects or\nthe raising of required additional funds for the work may be authorized\nby following the pertinent portions of the procedure in section 15-2303\nabove.\n  5. Except for such projects as may be carried out by the federal\ngovernment, any district formed under the provisions of subdivision 2\nabove shall thereafter continue as a river improvement district, as\nthough formed under the provisions of section 15-2303.\n
N.Y. ENV Law § 27-2301 — New York Code / Act ENV / Article 27 / Title 23 / Section 27-2301
Definitions
Status: in_force

* § 27-2301. Definitions.\n  As used in this title:\n  1. "Container" shall mean any portable device in which a material is\nstored, transported, treated, disposed of or otherwise handled.\n  2. "Contingency plan" means a document describing organized, planned\nand technically coordinated and financially feasible courses of action\nto be followed in case of emergency or other special conditions.\n  3. "Discharge" shall mean the accidental or intentional spilling,\nleaking, pumping, pouring, emitting, emptying or dumping of any solid\nwaste, or solid waste constituent, including leachate, into or on any\nair, land or water.\n  4. "End of life vehicle" shall mean any motor vehicle sold, given, or\notherwise disposed of as junk or salvage.\n  5. "Good condition" shall mean no severe rusting, apparent structural\ndefects or deteriorations and not leaking.\n  6. "Groundwater" shall mean water below the land surface in a\nsaturated zone of soil or rock. This includes perched water separated\nfrom the main body of groundwater by an unsaturated zone.\n  7. "Leak-resistant" or "leak-proof" shall mean designed and maintained\nto prevent the escape of contained liquids or other materials when\nappropriately closed regardless of container orientation (i.e., upright,\ntipped over).\n  8. "Mercury containing devices" shall mean any device or material into\nwhich elemental mercury or mercury compounds are intentionally added\nduring the manufacture of such devices and which the continued presence\nof mercury is required to provide a specific characteristic, appearance\nor quality or to perform a specific function. Such items include but are\nnot limited to convenience lighting switches, antilock brake assemblies,\nand high intensity discharge head lamps.\n  9. "Surface water" shall mean lakes, bays, sounds, ponds, impounding\nreservoirs, perennial streams and springs, rivers, creeks, estuaries,\nmarshes, inlets, canals, the Atlantic ocean within the territorial\nlimits of New York state, and all other perennial bodies of surface\nwater, natural or artificial, inland or coastal, fresh or salt, public\nor private, pursuant to article 15 of this chapter.\n  10. "Vector" shall mean a carrier that is capable of transmitting a\npathogen from one organism to another including, but not limited to,\nflies and other insects, rodents, birds and vermin.\n  11. "Vehicle dismantler" shall mean any person or entity engaged in\nthe business of acquiring motor vehicles or trailers for the purpose of\ndismantling the same for parts or reselling such vehicles as scrap, but\nshall not include a person that receives no more than twenty-five end of\nlife vehicles per year and stores less than fifty end of life vehicles\non site at any one time.\n  * NB There are 2 § 27-2301's\n
N.Y. ENV Law § 23-2309 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2309
Records
Status: in_force

§ 23-2309. Records.\n  Every used oil collector and rerefiner shall maintain complete\nrecords, in conformance with article twenty-seven of this chapter.\n
N.Y. ENV Law § 23-2305 — New York Code / Act ENV / Article 23 / Title 23 / Section 23-2305
Regulations of the commissioner
Status: in_force

§ 23-2305. Regulations of the commissioner.\n  The commissioner shall, after holding a public hearing with due\nnotice, promulgate rules and regulations governing used oil collectors\nand rerefiners, in conformance with article twenty-seven of this\nchapter, to carry out the requirements of this title.\n
N.Y. ENV Law § 9-2303 — New York Code / Act ENV / Article 9 / Title 23 / Section 9-2303
Construction, operation, and maintenance of the Mount Van Hoevenberg Olympic Sports Complex
Status: in_force

* § 9-2303. Construction, operation, and maintenance of the Mount Van\n            Hoevenberg Olympic Sports Complex.\n  Not more than three hundred twenty-two and twenty-six hundredths acres\nof forest preserve land at the Mount Van Hoevenberg Olympic Sports\nComplex may be used for the construction, operation, and maintenance of\nNordic skiing and biathlon trails, and appurtenances thereto. Any and\nall development at the sports complex shall conform to guidelines set\nforth in the Adirondack park state land master plan and shall be\nauthorized by a unit management plan, as required by section eight\nhundred sixteen of the executive law.\n  * NB Effective on the same date as a certain CONCURRENT RESOLUTION OF\nTHE SENATE AND ASSEMBLY (see chapter 488 of 2025 § 2)\n