N.Y. ENV Law § 15-2721 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2721
Conflict with other laws
Status: in_force

§ 15-2721. Conflict with other laws.\n  Any section of the state wild, scenic and recreational rivers system\nthat is or shall become a part of the Forest Preserve, the Adirondack or\nCatskill Parks or any other state park, wildlife refuge, or similar area\nshall be subject to the provisions of this title, and the laws and\nconstitutional provisions under which the other areas may be\nadministered, and in the case of conflict between the provisions of\nthose laws and constitutional provisions and the provisions of this\ntitle, the more restrictive provisions shall apply.\n
N.Y. PBG Law § 430 — New York Code / Act PBG / Article 13 / Title 27 / Section 430
Fulton Housing Authority
Status: in_force

§ 430. Fulton Housing Authority.  A municipal housing authority, to be\nknown as Fulton Housing Authority, is hereby created and established for\nthe city of Fulton in the county of Oswego for the accomplishment of any\nor all of the purposes specified in article eighteen of the constitution\nof the state of New York. It shall constitute a body corporate and\npolitic, be perpetual in duration and consist of five members. It shall\nhave the powers and duties now or hereafter conferred by this chapter\nupon municipal 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.\n
N.Y. PBA Law § 2571 — New York Code / Act PBA / Article 8 / Title 27 / Section 2571
Limitation of liability; indemnification
Status: in_force

§ 2571. Limitation of liability; indemnification. 1. The directors and\nofficers of the corporation, and any person acting in its behalf while\nacting within the scope of their authority, shall not be subject to any\npersonal liability resulting from carrying out any of the powers given\nin this title.\n  2. The provisions of section seventeen of the public officers law\nshall apply to directors, officers, employees and agents of the\ncorporation in connection with any and all claims, demands, suits,\nactions or proceedings which may be made or brought against any of them\narising out of any determinations made or actions taken or omitted to be\ntaken in compliance with any obligations under or pursuant to the terms\nof this title.\n
N.Y. ENV Law § 15-2703 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2703
Definitions
Status: in_force

§ 15-2703. Definitions.\n  Except as otherwise required by the context, the following terms when\nused in this act shall be construed as follows:\n  1. "Agency" means the Adirondack park agency as created by chapter\nseven hundred and six of the laws of nineteen hundred seventy-one, and\nwhose functions, powers and duties are provided for in article\ntwenty-seven of the executive law.\n  2. "Commissioner" means the commissioner of environmental\nconservation, his successors in office and any agency which may succeed\nto the duties of such office.\n  3. "Development" means any activity which materially affects the\nexisting condition, use or appearance of any land, structure or\nimprovement including the actual or effective division or proposed\ndivision of land into lots, parcels or sites whether contiguous or not,\nfor the purpose of sale, lease, license or any form of separate\nownership or occupancy as part of a common scheme or plan, (including\nany grading, road construction, installation of utilities or other\nimprovements or any other development preparatory or incidental to any\nsuch division) by any person or by any other person controlled by, under\ncommon control with or controlling such person or by any group of\npersons acting in concert as part of a common scheme or plan but shall\nnot include the division of any land resulting from bona fide devise,\ninheritance, gift or the lease of land for hunting and fishing.\n  4. "Forest Management" means forestry practices, including harvesting\nof a forest woodland or plantation, the construction, alteration or\nmaintenance of wood roads, skidways, landings and fences and related\nresearch and educational activities.\n  5. "Free flowing" means existing or flowing in natural condition\nwithout impoundment, diversion, straightening, riprapping, or other\nmodification of the waterway, except for stream improvement structures\nfor fisheries management purposes expressly authorized in section\n15-2709 of this chapter.\n  6. "Improvement" means any change in or addition to land, including\nbut not limited to grading, filling, excavating or adding banks, fences,\ndikes, ditches, pipelines, poles, electrical conduits, roads, streets,\ncurbs, gutters, sidewalks, driveways, parking lots or spaces.\n  7. "Motor vehicle" means a device for transporting personnel or\nmaterial, incorporating a motor or an engine of any type for propulsion\nand with wheels, tracks, skids, skis, air cushion or other contrivance\nfor traveling on, or adjacent to land and water or through water.\n  8. "Person" means any individual, corporation, partnership, joint\nventure, association, organization, government or any agency or\npolitical subdivision thereof, or any other entity.\n  9. "River" means a flowing body of water or a section, portion or\ntributary thereof, including rivers, streams, creeks, runs, kills,\nrills, branches, or lakes. "River area" means the term river and the\nland area in its immediate environs as established by the commissioner\nor the agency, but not exceeding a width of one-half mile from each bank\nthereof.\n  10. "Road" means any highway, hard-surfaced road, improved or dirt\nroad.\n  11. "Stream improvement structures for fishery management purposes"\nmeans structures and improvements, including but not limited to, fish\nbarrier dams, fish passage structures, minor diking, cribbing, bank\nstabilization and stream deflectors and other structures or improvements\ndesigned solely for fishery management purposes which do not materially\nalter the natural character of the waterway.\n  12. "Structure" means any object constructed, installed or parked on\nland to facilitate land use, such as buildings, mobile homes, sheds,\nsigns, tanks, outdoor lighting and any fixtures, additions and\nalterations thereto and trailers, travel trailers, campers, or tents\nconstructed, installed, or parked on land for other than a temporary\nperiod or for a purpose other than transient occupancy and any fixtures,\nadditions or alterations thereto.\n  13. "System" means the rivers designated as wild, scenic and\nrecreational rivers in this part.\n
N.Y. ENV Law § 27-2709 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2709
Department responsibility
Status: in_force

§ 27-2709. Department responsibility.\n  1. The department shall develop educational materials to encourage the\nreduction, reuse and recycling of plastic carryout bags and film plastic\nand shall make those materials available to stores required to comply\nwith this article.\n  2. The department shall provide information regarding the availability\nof recycling facilities and companies that recycle plastic bags and film\nplastic, including the addresses and phone numbers of such facilities\nand companies to stores required to comply with this article.\n
N.Y. PBA Law § 2579 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2579
General powers of the authority
Status: in_force

§ 2579. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds for any of its corporate powers,\npurposes or its projects, and to provide for the rights of the holders\nthereof;\n  4. To make bylaws and rules for the management and regulation of its\naffairs and for the regulation of any project and, subject to agreements\nwith its bondholders, to make and alter rules and regulations governing\nthe exercise of its powers and the fulfillment of its purposes under\nthis title. A copy of such bylaws and rules, and all amendments thereto,\nduly certified by the secretary of the authority shall be filed in the\noffice of the county clerk of the county and shall be published\nthereafter once in each of two newspapers having a general circulation\nin the county;\n  5. To acquire by purchase, grant, lease, gift, or condemnation\npursuant to the provisions of the eminent domain procedure law and at\nthe request of the municipality in which the real property is located,\nand to hold and use property necessary, convenient or desirable to carry\nout its corporate purposes, and to sell, convey, mortgage, lease,\npledge, exchange or otherwise dispose of any such property in such\nmanner as the authority shall determine;\n  6. To acquire, construct, reconstruct, lease, expand, improve,\nmaintain, equip, furnish, and operate a project for purposes of\nprofessional soccer and, if necessary, to pay or finance the cost\nthereof, and provided, that any lease, management or operation agreement\nshall contain a condition that the lessee, manager or operator shall\nestablish a summer soccer program for city youth;\n  7. To operate and maintain a facility for the purposes of minor league\nbaseball, presently known as Frontier Field;\n  8. To apply for and to accept gifts, grants, loans, or contributions\nof funds or property or financial or other aid in any form, from, and\nenter into contracts or other transactions with, the federal government,\nthe state, any municipality, any public corporation, or any other\nsource, and to use any such gifts, grants, loans or contributions for\nany of its corporate purposes; provided that in any agreement selling\nthe naming rights to a sports facility constructed for purposes of\nprofessional soccer, there shall be a provision requiring that the\nperson purchasing such naming rights shall initiate a youth internship\nprogram for city high school students;\n  9. To grant options to renew any lease with respect to any project or\nprojects and to grant options to buy any project at such price as the\nauthority may deem desirable;\n  10. To designate the depositories of its money;\n  11. To establish its fiscal year;\n  12. To enter into contracts, agreements and leases and to execute all\ninstruments necessary or convenient to accomplishing its purposes as\ndescribed in this title;\n  13. To appoint such officers, employees and agents as the authority\nmay require for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation, subject to the\nprovisions of the civil service law and any applicable collective\nbargaining agreement, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional, management or technical services and advice;\n  14. With the consent of the county executive, to use employees,\nagents, consultants and facilities of the county paying its agreed\nproportion of the compensation or costs;\n  15. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  16. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title;\n  17. To establish, fix, revise, charge, collect and enforce fees and\ncharges for the use of such facilities so as to provide revenues which,\ntogether with other earnings of the sports facilities, if any, as the\nsame shall become due, offset the expense of operating and maintaining\nthe sports facility together with proper reserves for maintenance,\ncontingencies and all other obligations and indebtedness of the\nauthority;\n  18. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title;\nand\n  19. To insure or provide for the insurance of the authority's property\nor operations.\n
N.Y. PBA Law § 2596 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2596
Transfer of applications, proceedings, approvals and permits
Status: in_force

§ 2596. Transfer of applications, proceedings, approvals and permits.\n1.  Any application, review or process in relation to or in furtherance\nof the purposes of or contemplated by this title heretofore filed or\nundertaken, or any proceeding heretofore commenced or any determination,\nfinding or award made, by the county or by the county with the federal\ngovernment, the department of environmental conservation, the department\nof transportation or any other public corporation shall inure to and for\nthe benefit of the authority to the same extent and in the same manner\nas if the authority had been a party to such application, review,\nprocess or proceeding from its inception, and the authority shall be\ndeemed a party thereto, to the extent not prohibited by any federal law.\nAny license, approval, permit, determination, finding, award or decision\nheretofore or hereafter issued or granted pursuant to or as a result of\nany such application, review, process or proceeding shall inure to the\nbenefit of and be binding upon the authority and shall be assigned and\ntransferred by the county to the authority unless such assignment and\ntransfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits,\ndeterminations, findings, awards and decisions shall further inure to\nand for the benefit of and be binding upon any person leasing,\nacquiring, financing, constructing, maintaining, operating, using or\noccupying any facility financed in whole or in part by the authority.\n
N.Y. ENV Law § 15-2714 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2714
Additional designations
Status: in_force

§ 15-2714. Additional designations.\n  In addition to the rivers designated in section 15-2713 of this\nchapter, the following rivers are included in the system, being\nclassified by the criteria stated in section 15-2707:\n  1. Wild rivers\n  a. Cedar river - Approximately seven and three-tenths miles from the\noutlet of Cedar lakes to a point where a road crosses the river\napproximately one and one-half miles upstream of Cedar river flow.\n  b. Kunjamuk river - Approximately eight miles from the outlet of South\npond to a fish barrier dam near the southwest boundary of lot 9,\ntownship 31, Gorton Tract.\n  c. Main branch of the Oswegatchie river - Approximately eighteen and\none-half miles from the Partlow Mill dam to the southernmost boundary\nbetween private and state land at Inlet.\n  d. Middle branch of the Oswegatchie river - Approximately fourteen and\none-half miles from the north boundary of lot 27, Watson's East Triangle\nto a point one mile downstream of the confluence with Wolf creek.\n  e. Piseco outlet - Approximately four and one-fifth miles from a point\none-half mile east of the route 10 bridge crossing to the confluence\nwith the West Branch of the Sacandaga river.\n  f. West branch of the Sacandaga river - Approximately nine miles from\nthe source near Silver lake mountain to the Silver lake wilderness\nboundary near route 10 and approximately two and seven-tenths miles from\nthe confluence with Cow creek to the confluence with Piseco outlet.\n  g. South branch of West Canada creek - Approximately five and\nnine-tenths miles from the headwaters near T-Lake falls to a footbridge\ncrossing located approximately one mile upstream of the Floe.\n  2. Scenic rivers\n  a. Black river - Approximately seven and eight-tenths miles from the\npoint where Farr road crosses the river to the point where the river\nintersects the Adirondack park boundary.\n  b. Bog river - Approximately seven and three-tenths miles from the dam\nbelow Hitchins pond to Big Tupper lake.\n  c. Blue Mountain stream - Approximately nine miles from the outlet of\nClear pond to the confluence with Pleasant lake stream.\n  d. Carmens river - Approximately two and one-quarter miles from its\nheadwaters at the north boundary of Cathedral Pines Park (formerly Camp\nWilderness), Suffolk county, southerly to its intersection with the\nsouthern boundary of Camp Sobaco (Girl Scout Camp).\n  e. Carmens river--Approximately two and one-half miles from Yaphank\navenue, Suffolk county, southerly to the Concrete Wing dam in Southhaven\npark.\n  f. Carmens river--Approximately two and one-half miles from the south\nside of Sunrise highway, Suffolk county, southerly to the mouth of the\nriver (a line between Long Point and Sandy Point) at its confluence with\nGreat South Bay.\n  g. Cedar river - Approximately ten miles from a point where a road\ncrosses the river one and one-half miles upstream of Cedar river flow to\na point where a southerly extension of the northeast state land boundary\nof lot 96, township 33, Totten and Crossfield's Purchase, would\nintersect the river.\n  h. Deer river - Approximately six and two-tenths miles from the outlet\nof Deer river flow to a point where the river intersects the Adirondack\npark boundary.\n  i. East Canada creek - Approximately twenty and nine-tenths miles from\nPowley Place to a point at which the creek intersects the Adirondack\npark boundary near Sprite creek at the southwest corner of lot 45, town\nof Oppenheim, Lott and Low's Patent.\n  i-1. The Genesee river within Letchworth State Park.\n  j. Middle branch of the Grasse river - Approximately fourteen and\none-half miles from the confluence of Blue Mountain stream and Pleasant\nlake stream to the confluence of the South Branch of the Grasse river.\n  k. North branch of the Grasse river - Approximately twenty-five and\nfour-tenths miles from the outlet of Church pond to a point where the\nNorth Branch intersects the Adirondack park boundary.\n  l. South Branch of the Grasse river - Approximately thirty-five and\ntwo-tenths miles from the outlet of Center pond to the confluence with\nthe outlet of Allen pond, and approximately three and seven-tenths miles\nfrom the most southerly point where the South Branch of the Grasse river\nintersects the Adirondack park boundary, north to the confluence with\nthe Middle Branch of the Grasse river.\n  m. Independence river - Approximately twenty-six miles from the outlet\nof Little Independence pond to the point where the Sperryville bridge\ncrosses the river.\n  n. Jordan river - Approximately eighteen miles from the outlet of\nMarsh pond to Carry Falls reservoir.\n  o. Kunjamuk river - Approximately ten and four-tenths miles from a\nfish barrier dam near the southwest boundary of lot 9, township 31,\nGorton Tract, to the confluence with the Sacandaga river.\n  p. Long Pond outlet - Approximately sixteen miles from the outlet of\nLong pond to the confluence with the West Branch of the St. Regis river.\n  q. Marion river - Approximately five miles from the outlet of Utowana\nlake to Raquette lake.\n  r. Main branch of the Moose river - Approximately fifteen and\nfour-fifths miles from the confluence of the South and Middle Branches\nof the Moose river to a point where the Main Branch intersects the\nAdirondack park boundary.\n  s. South branch of the Moose river - Approximately fourteen and\ntwo-fifths miles from the west boundary of state land near Rock dam to\nthe east boundary of state land north of Woodhull mountain.\n  s-1. North Branch of the Moose river -- Approximately six miles from\nthe outlet of Big Moose lake to the confluence with the outlet of Goose\nPond.\n  s-2. Nissequogue river - Approximately one and four-tenths miles from\nthe dam at the outlet of New Mill Pond to the pedestrian bridge south of\nRoute 25/25A including its tributaries and ponds identified as P288\nPhillips Millpond, P289 Willow Pond, P290 Upper Vail Pond, P291 Webster\nPond, and P291a Lower Vail Pond on a certain map titled "Official\nClassifications - Surface Waters of Western Suffolk County," published\nby the water resources council and prepared by the New York state\ndepartment of health.\n  t. Middle branch of the Oswegatchie river - Approximately nine miles\nfrom the outlet of Walker lake to the north boundary of lot 27, Watson's\nEast Triangle and approximately fourteen and two-fifths miles from a\npoint one mile downstream of the confluence with Wolf Creek to a point\nwhere the Middle Branch intersects the Adirondack park boundary at the\nsoutheast boundary of lot 993, township of Diana, Macomb's Purchase,\ngreat tract 4.\n  u. West branch of the Oswegatchie river - Approximately seven miles\nfrom the outlet of Buck pond to a point approximately one mile upstream\nof Round pond at the point where a foot and snowmobile bridge crosses\nthe West Branch.\n  v. Otter brook - Approximately ten miles from the outlet of Lost pond\nto the confluence with the South Branch of the Moose river.\n  w. Raquette river - Approximately twenty miles from the outlet of Long\nlake to the confluence with a small stream from the northeast, located\napproximately one mile downstream from Trombley Landing, and\napproximately thirteen and eight-tenths miles from the confluence with\nDead creek to a point where the river intersects the north boundary of\nlot 1, township 5, Tannery Lot near Carry Falls reservoir.\n  x. Red river - Approximately nine and seven-tenths miles from the\nheadwaters of the river to the confluence with the South Branch of the\nMoose river.\n  y. Rock river - Approximately six and nine-tenths miles from the\nO'Neil flow road crossing to the confluence with the Cedar river.\n  z. Round lake outlet - Approximately two and seven-tenths miles from\nthe outlet of Round lake to the confluence with the Bog river.\n  aa. East branch of the St. Regis river - Approximately fourteen and\none-half miles from a point where route 30 crosses the East Branch near\nMeacham lake, to a point one-half mile upstream from Everton falls.\n  bb. Main branch of the St. Regis river - Approximately fifteen and\nfive-tenths miles from a point where a private road to Bay pond crosses\nthe Main Branch in lot 16, township 17, Macomb's Purchase, great tract\n1, to the confluence with Balsam brook.\n  cc. West branch of the St. Regis river - Approximately thirty-five\nmiles from the outlet of Little Fish pond to a point one-half mile\ndownstream from the confluence with Fenner Meadow brook.\n  dd. West Canada creek - Approximately seventeen miles from a point\nwhere the creek intersects the state land boundary approximately two\nmiles upstream of the Old Mitchell Dam site, to the route 8 bridge\ncrossing near Nobleboro.\n  ee. West Stony creek - Approximately seven and seven-tenths miles from\nthe Tannery road crossing to the confluence with Hatch brook.\n  ff. Peconic river - Approximately ten and one-half miles from the\nwestern boundary of the Red Maple swamp to the Long Island railroad\nbridge between Connecticut and Edwards Avenue and approximately three\nmiles from Middle Country Road (State Route 25) to the confluence with\nthe previously described segment of the Peconic including tributaries\nT112-5, T112-6 and T112-7.\n  3. Recreational rivers\n  a. East branch of the Ausable river - Approximately twenty-eight and\nthree-tenths miles from St. Huberts to the confluence with the West\nBranch.\n  b. Main branch of the Ausable river - Approximately twenty-two miles\nfrom the confluence of the East and West Branches of the Ausable river\nto Lake Champlain.\n  c. West branch of the Ausable river - Approximately twenty-nine and\none-half miles from the headwaters of the West Branch near Heart lake to\nthe confluence with the East Branch.\n  d. Black river - Approximately six and three-fifths miles from the\noutlet of North lake to a point where Farr road crosses the river.\n  e. Bouquet river - Approximately forty-seven and seven-tenths miles\nfrom the confluence with the North Fork of the Bouquet river to Lake\nChamplain.\n  f. Carmens river - Approximately two miles from its intersection with\nthe southern boundary of Camp Sobaco (Girl Scout Camp), southerly to\nYaphank Avenue, Suffolk county. However, the rules and regulations\napplicable to recreational rivers as set forth in title twenty-seven of\nthis law shall not apply to any lands or structures included in the\nproposed Yaphank historic district. This exclusion shall take effect\nonly upon the creation of said Yaphank historic district.\n  g. Carmens river - Approximately one mile southerly from the Concrete\nWing dam in Southaven park, Suffolk county, to Sunrise highway.\n  h. Cedar river - Approximately eleven miles from a point at which a\nsoutherly extension of the northeast state land boundary parallel to the\nsouthwest boundary of lot 96, township 33, Totten and Crossfield's\nPurchase would intersect the river to the southwest boundary of lot 82,\ntownship 17, Totten and Crossfield's Purchase.\n  i. Connetquot river - Approximately five and three-fourths miles from\nJohnson Avenue, Suffolk county, south to the Sunrise highway.\n  j. South branch of the Grasse river - Approximately five and one-fifth\nmiles from the confluence with the outlet of Allen pond to the most\nsoutherly point where the South Branch intersects the Adirondack park\nboundary.\n  k. Hudson river - Approximately twelve and seven-tenths miles from the\nconfluence with the Opalescent river to a point where route 28N crosses\nthe Hudson river at Newcomb and approximately forty-five and nine-tenths\nmiles from a point one mile north of North river to the confluence with\nthe Sacandaga river.\n  l. Independence river - Approximately one-half mile from a point where\nthe Sperryville bridge crosses the river to a point where the river\nintersects the Adirondack park boundary.\n  m. Indian river - Approximately eight and three-tenths miles from the\noutlet of Indian lake to the confluence with the Hudson river.\n  m-1. Middle Branch of the Moose river -- Approximately thirteen and\nfour-tenths miles from the confluence with the North Branch of the Moose\nriver to the confluence with the South Branch of the Moose river.\n  m-2. North Branch of the Moose river -- Approximately thirteen miles\nfrom the confluence with the outlet of Goose Pond to the confluence with\nthe Middle Branch of the Moose river.\n  n. Main branch of the Oswegatchie river - Approximately two and\nthree-tenths miles from the southernmost boundary between private and\nstate land at Inlet to Wanakena.\n  o. West branch of the Oswegatchie river - Approximately six and\none-tenth miles from a point approximately one mile upstream of Round\npond at the point where a foot and snowmobile bridge crosses the West\nBranch to a point where the river intersects the Adirondack park\nboundary.\n  p. Raquette river - Approximately twenty-two miles from the outlet of\nRaquette lake to the outlet of Long lake and approximately seventeen\nmiles from the confluence of the Raquette river and a small stream from\nthe northeast, at a point approximately one mile downstream from\nTrombley landing to the confluence with Dead creek.\n  q. Rock river - Approximately one and one-fifth miles from the outlet\nof lake Durant to the O'Neil flow road crossing.\n  r. East branch of the St. Regis river - Approximately six and\none-tenth miles from a point one-half mile upstream of Everton falls to\nthe confluence with the Main Branch of the St. Regis river.\n  s. Main branch of the St. Regis river - Approximately seven miles from\nthe St. Regis Church to a point where a private road to Bay pond crosses\nthe Main Branch in lot 16, township 17, Macomb's Purchase, great tract\n1, and approximately eighteen miles from the confluence with Balsam\nbrook to a point at which the river intersects the Adirondack park\nboundary.\n  t. West branch of the St. Regis river - Approximately five and\none-half miles from a point one-half mile downstream of the confluence\nwith Fenner Meadow brook to a point where the West Branch intersects the\nAdirondack park boundary.\n  u. East branch of the Sacandaga river - Approximately fourteen miles\nfrom a point approximately one-half mile above Cook brook to the\nconfluence with the Main Branch of the Sacandaga river.\n  v. Main branch of the Sacandaga river - Approximately thirty-one miles\nfrom the outlet of Lake Pleasant to the inlet of Great Sacandaga lake.\n  w. West branch of the Sacandaga river - Approximately ten and\nthree-fifths miles from the Silver lake wilderness boundary near the\nmost upstream route 10 bridge crossing to the confluence with Cow creek\nand approximately seven and two-tenths miles from the confluence of\nDugway creek to the confluence with the Main Branch of the Sacandaga\nriver.\n  x. Salmon river - Approximately twelve and three-tenths miles from the\noutlet of Elbow ponds to the point where the river intersects the\nAdirondack park boundary.\n  y. Main branch of the Saranac river - Approximately sixty and\ntwo-fifths miles from the outlet of Upper Saranac lake to the point\nwhere the river intersects the Adirondack park boundary.\n  z. Schroon river - Approximately sixty-six and seven-tenths miles from\nthe outlet of the former Dead Water pond to the confluence with the\nHudson river.\n  aa. West Canada creek - Approximately eleven miles from the route 8\nbridge crossing near Nobleboro to the Harvey road bridge crossing.\n  bb. South branch of West Canada creek - Approximately nine and\nseven-tenths miles from the footbridge crossing one mile upstream of The\nFloe to the confluence with the Main Branch of West Canada creek.\n  cc. West Stony creek - Approximately six miles from the Persch road\ncrossing to the Tannery road crossing and approximately two and\nseven-tenths miles from the confluence with Hatch brook to the\nconfluence with the Main Branch of the Sacandaga river.\n  dd. Ramapo river -- Approximately three and one-half miles from the\nOrange county line to the site of an abandoned power dam in the hamlet\nof Ramapo.\n  ee. Nissequogue river - Approximately one and four-tenths miles from\nstate route 347 to the dam at the outlet of New Mill Pond including its\ntributaries identified as P292-1 to Brooksite Drive and two unnamed\ntributaries P292-2 and P292-3, and approximately five miles from the\npedestrian walkway and dam at the outlet of Phillips Millpond to its\nconfluence with Long Island sound including its tributaries and ponds\nconnected therewith, specifically described as T-62 on a certain map\nentitled "Official Classifications-Surface Waters of Western Suffolk\nCounty", prepared by the New York state department of health and\npublished by the water resources council.\n  ff. Shawangunk Kill river - From the border of Ulster and Orange\ncounties to its confluence with the Wallkill river.\n  gg. Peconic river - Approximately five and one-half miles from the\nLong Island railroad bridge between Connecticut and Edwards Avenue to\nGrangabel Park dam in Riverhead and approximately two miles of the\nLittle River (tributary T112-1) from and including Wildwood Lake to its\nconfluence with the Peconic.\n  hh. Fall Creek from the southern boundary of Cayuga Lake to the west\nface of the foot bridge running across Fall Creek, which foot bridge is\nlocated between Thurston Avenue on the west and Beebe Lake on the east.\nThe boundaries of the river corridor shall be defined as follows:\n  DESCRIPTION OF NORTHERN BOUNDARY OF FALL CREEK RIVER CORRIDOR\nBeginning at a point at the intersection of the high water mark of\nCayuga Lake, on the southerly boundary of Cayuga Lake, and the northerly\nboundary of Fall Creek, said point being in the northerly boundary of\nStewart Park; running thence northeasterly along the northerly boundary\nof Stewart Park to its intersection with the westerly boundary of the\nLehigh Valley Railroad right-of-way; running thence in a southerly\ndirection along the westerly edge of the Lehigh Valley Railroad\nright-of-way approximately 3,450 feet to a point located 50 feet\nnortherly along said railroad from the north bank of Fall Creek; running\nthence in a southeasterly direction parallel with and 50 feet northerly\nfrom the north bank of Fall Creek crossing Cayuga Street to a point on\nthe easterly boundary of Cayuga Street, located approximately 20 feet\nnortherly from the north bank of Fall Creek, said point being the\nintersection of the easterly boundary of Cayuga Street with the extended\nline of a chain link fence on Ithaca School District property running\napproximately parallel with Fall Creek; running thence in a\nsoutheasterly direction along the extended line of the chain link fence\nand continuing along said chain link fence, approximately parallel to\nFall Creek to the end of the chain link fence; continuing thence in a\nsoutheasterly direction along the extended line of said chain link fence\napproximately 5 feet to the south line of a sidewalk which runs through\nIthaca School District property approximately parallel with Fall Creek;\ncontinuing thence along the south line of said sidewalk to the\nintersection of the south line of said sidewalk with the westerly\nboundary of Lake Street; running thence perpendicular to Lake Street\napproximately 50 feet to the east boundary of Lake Street; running\nthence in a northwesterly direction along the east line of Lake Street\napproximately 75 feet to a point of the northwest corner of City Tax\nParcel 12-1-1; running thence in an easterly direction along the\nnortherly boundary of tax parcel 12-1-1 approximately 250 feet to the\nnortheast corner of Tax Parcel 12-1-1; continuing thence on the same\ncourse along a line shown on Tax Maps Numbers 12 and 11 as a match line\nand along the northerly boundary line of Tax Parcel 6-2-1 approximately\n600 feet to the northwest corner of Tax Parcel 11-1-1, said point being\nlocated approximately 12.5 feet westerly from the westerly boundary of\nStewart Avenue; running thence easterly approximately 12.5 feet along\nthe north boundary of Tax Parcel 11-1-1 to the westerly boundary of\nStewart Avenue; running thence in a southeasterly direction along the\nsouthwesterly boundary of Stewart Avenue approximately 464 feet to the\nsoutheasterly corner of Tax Parcel 11-1-2; running thence in an easterly\ndirection perpendicular to and across Stewart Avenue to a point in the\neasterly line of Stewart Avenue approximately 25 feet northerly of the\nnortherly boundary of the Stewart Avenue bridge; running thence\nnortherly and easterly along the easterly boundary of Stewart Avenue and\nsoutherly boundary of Fall Creek Drive as it curves to a point located\napproximately 145 feet southerly along Fall Creek Drive from the\nintersection of the east boundary of Fall Creek Drive and the south\nboundary of Thurston Avenue, said point being located at the\nintersection of the easterly boundary of Fall Creek Drive and a line\nextended westerly being a line 10 feet southerly from the southerly\nboundary of the tennis courts located southeasterly from the\nintersection of Thurston Avenue and Fall Creek Drive; running thence\neasterly along said extended line and 10 feet southerly from the\nsoutherly boundary of said tennis courts to the intersection of said\nline extended easterly and the northeasterly boundary of an asphalt path\nwhich runs southwesterly from Prudence Risley Hall to Thurston Avenue;\nrunning thence in a southeasterly direction along the northerly boundary\nof said asphalt path to the intersection of said asphalt path with the\nwesterly boundary of Thurston Avenue; running thence southerly along the\nwesterly boundary of Thurston Avenue to a point located 25 feet\nnortherly from the north edge of the gorge; running thence easterly\nparallel with and 25 feet northerly from the north edge of the gorge to\nits intersection with the line of the west face as extended northerly of\nthe foot bridge over the gorge; running thence southerly to and along\nthe west face of said foot bridge to a point in the center line of Fall\nCreek.\n  DESCRIPTION OF SOUTHERN BOUNDARY OF FALL CREEK RIVER CORRIDOR\nBeginning at a point at the intersection of the high water mark at the\nsouth end of Cayuga Lake with the east bank of Cayuga Inlet; running\nthence southerly along the east bank of Cayuga Inlet approximately 1,050\nfeet to a point marking the intersection of the east bank of the Cayuga\nInlet with the southwest corner of Tax Parcel 2-2-1; running thence\neasterly along the south boundary of Tax Parcel 2-2-1 approximately 600\nfeet to a point marked by a 2-inch square iron pin, said point being\nlocated approximately 100 feet southwesterly from the west bank of Fall\nCreek; running thence southeasterly approximately 1,290 feet to a point\nat the east side of the golf course access gate; running thence easterly\napproximately 80 feet to the eastern edge of Pier Road; running thence\nsoutheasterly along the east edge of Pier Road approximately 950 feet to\nthe north edge of a gravel access road which runs to the Lehigh Valley\nRailroad right-of-way; running thence southeasterly along the north edge\nof said gravel access road to the westerly right-of-way of the Lehigh\nValley Railroad; running thence northwesterly along said right-of-way to\na point located approximately 50 feet southerly from the south bank of\nFall Creek; running thence southeasterly parallel with and 50 feet\nsoutherly from the south bank of Fall Creek to the west edge of Woodland\nPlace, being also the easterly right-of-way line of New York State Route\n13; running thence southwesterly along the east right-of-way line of New\nYork State Route 13 and the west side of Woodland Place to a point in\nthe north boundary of Tax Parcel 13-1-5; running thence northeasterly\nand southeasterly along the south line of Woodland Place, being also the\nnorth lines of Tax Parcel Nos. 13-1-5, 13-1-6, and 13-1-7 215.6 feet to\nthe west boundary of North Cayuga Street; continuing thence along the\nsame course across Cayuga Street to a point being the northwesterly\ncorner of Tax Parcel No. 5-2-1; running thence southeasterly along the\nnortheasterly boundaries of Tax Parcel Nos. 5-2-1, 5-2-6, 5-2-7, 5-2-8,\n5-2-9 and 5-2-10 a distance approximately 480 feet to the easterly\ncorner of Tax Parcel No. 5-2-10, said point being the intersection of\nthe north boundary of East York Street and the west boundary of North\nTioga Street; running thence northerly along the west boundary of North\nTioga Street to the bank of Fall Creek; running thence southeasterly\nalong the bank of Fall Creek to the northwest corner of Tax Parcel No.\n12-2-1; running thence southeasterly along the northerly boundary of Tax\nParcel Nos. 12-2-1 and 12-2-2 360 feet to the northeast corner of Tax\nParcel No. 12-2-2; running thence easterly along the northerly boundary\nof Tax Parcel No. 12-2-13 45.5 feet to the northeast corner of Tax\nParcel No. 12-2-13; running thence southerly approximately 25 feet along\nthe easterly boundary of Tax Parcel No. 12-2-13 to the northwest corner\nof Tax Parcel No. 12-2-12; running thence easterly along the northerly\nboundary of Tax Parcel No. 12-2-12 35.33 feet to a point; running thence\nsoutherly approximately 12.5 feet; and running thence easterly along the\nnorth boundary of Tax Parcel No. 12-2-12 approximately 40 feet to a\npoint; continuing thence along the northerly boundaries of Tax Parcel\nNos. 12-2-11, 12-2-10, 12-2-9, 12-2-8, 12-2-7, 12-2-6, 12-2-5 and 12-2-4\napproximately 328.6 feet to the westerly boundary of Lake Street at the\nsouthwest corner of the Lake Street bridge over Fall Creek; continuing\nthence across Lake Street along the south edge of the Lake Street bridge\nover Fall Creek to a point in the easterly boundary of Lake Street;\nrunning thence southerly along the east boundary of Lake Street 401 feet\nto a point marking the intersection of the east boundary of Lake Street\nand the southerly boundary of Lincoln Street extended; continuing thence\neasterly along the southerly boundary of Lincoln Street extended 180\nfeet to a point marking the southeast corner of Lincoln Street extended;\ncontinuing thence on the same course approximately 75 feet to a point in\nthe east boundary of Tax Parcel No. 12-7-4; running thence northerly\nalong the east boundary of Tax Parcel No. 12-7-4 approximately 69 feet\nto a point; running thence easterly along the northerly boundary of Tax\nParcel No. 11-3-1 100 feet to a point at the southerly boundary of Old\nPenstock; running thence easterly along the southerly boundary of said\nOld Penstock a chord distance of approximately 362.5 feet to a point; in\nthe westerly boundary of Tax Parcel No. 11-3-3; running thence southerly\nalong the westerly boundary of Tax Parcel No. 11-3-3 approximately 68\nfeet to a point marking the northwesterly corner of Willard Way; running\nthence southeasterly and southerly along the northerly and easterly\nboundaries of Willard Way to the southwesterly corner of Tax Parcel No.\n11-3-3 said point also being the northwesterly corner of Tax Parcel No.\n11-3-6; running thence easterly along the southerly boundary of Tax\nParcel No. 11-3-3 110 feet to a point in the northwesterly boundary of\nStewart Avenue; running thence northerly and easterly along the westerly\nand northerly boundary of Stewart Avenue approximately 298 feet to a\npoint located approximately 35 feet southerly from the Stewart Avenue\nbridge; running thence in an easterly direction across Stewart Avenue to\na point marking the southerly boundary of the Cayuga Trail; running\nthence easterly along the southerly boundary of the Cayuga Trail to the\nnorthwesterly boundary of University Avenue; running thence northerly\nand easterly along the westerly and northerly boundaries of University\nAvenue to the intersection of the north line of University Avenue and\nthe west line of Thurston Avenue; continuing thence easterly along the\nnorth line of University Avenue as it becomes the north line of Forest\nHome Drive and along the north line of Forest Home Drive approximately\n600 feet to the intersection of the north line of Forest Home Drive with\nthe line of the west face of the foot bridge over Fall Creek Gorge as\nextended southerly; running thence northerly along said extended line\nand the west face of the said foot bridge to the center of Fall Creek.\n  Such boundaries shall constitute the final boundaries and shall not be\nsubject to amendment, alteration or modification by any action or\ndetermination by the commissioner or the department.\n  Responsibility for the administration of the area designated herein\nshall be delegated to the city of Ithaca pursuant to the appropriate\nregulations.\n  The designation of Fall Creek shall not, solely by operation of this\narticle, be construed so as to restrict or prohibit utility or similar\nfacilities support related-systems or facilities support-related\nactivities of the land grant institution known as Cornell University\nconducted in furtherance of its educational purposes, which are located\nupstream of the designated area of Fall Creek. Such activities shall\ninclude, but not be limited to, the operation of Cornell University's\nchilled water plant, water filtration plant and intakes for such plants\nand for its hydroelectric plant and the necessary dredging of intake\nareas, storm water drains, utility lines, and foot bridges, which may\notherwise be permitted but for such designation.\n
N.Y. ENV Law § 23-2701 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2701
Short title
Status: in_force

§ 23-2701. Short title.\n  This title shall be known and may be cited as the "New York State\nMined Land Reclamation Law".\n
N.Y. ENV Law § 23-2705 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2705
Definitions
Status: in_force

§ 23-2705. Definitions.\n  As used in this title, unless the context otherwise requires:\n  1. "Abandoned" means the cessation of mining and reclamation\nactivities on land affected by mining without prior notification to the\ndepartment of such cessation of activities or without describing such\ncessation in a mined land-use plan approved by the department, and after\nopportunity to be heard.\n  2. "Affected land" and "land affected by mining" means the sum of that\nsurface area of land or land under water which: (i) has been disturbed\nby mining since April first, nineteen hundred seventy-five and not been\nreclaimed, and (ii) is to be disturbed by mining during the term of the\npermit to mine.\n  3. "Applicant" means that person making application to the department\nfor a mining permit.\n  4. "Haulageway" means all roads utilized for mining purposes, together\nwith that area of land over which material is transported, that are\nlocated within the permitted area.\n  5. "Mine" means any excavation from which a mineral is to be produced\nfor sale or exchange, or for commercial, industrial or municipal use;\nall haulageways and all equipment above, on or below the surface of the\nground used in connection with such excavation, and all lands included\nin the life of the mine review by the department.\n  6. "Mined land-use plan" means a document, consisting of a mining plan\nand a reclamation plan, which describes proposals for conduct of the\napplicant's mining operation and reclamation of the land to be mined to\nachieve the purposes of this title.\n  7. "Mineral" means any naturally formed, usually inorganic, solid\nmaterial located on or below the surface of the earth. For the purposes\nof this title, peat and topsoil shall be considered minerals.\n  8. "Mining" means the extraction of overburden and minerals from the\nearth; the preparation and processing of minerals, including any\nactivities or processes or parts thereof for the extraction or removal\nof minerals from their original location and the preparation, washing,\ncleaning, crushing, stockpiling or other processing of minerals at the\nmine location so as to make them suitable for commercial, industrial, or\nconstruction use; exclusive of manufacturing processes, at the mine\nlocation; the removal of such materials through sale or exchange, or for\ncommercial, industrial or municipal use; and the disposition of\noverburden, tailings and waste at the mine location. "Mining" shall not\ninclude the excavation, removal and disposition of minerals from\nconstruction projects, exclusive of the creation of water bodies, or\nexcavations in aid of agricultural activities.\n  9. "Mining plan" means a description of the applicant's mining\noperation which shall include maps, plans, written materials and other\ndocuments as required by the department.\n  10. "Overburden" means all of the earth, vegetation and other\nmaterials which lie above or alongside a mineral deposit.\n  11. "Permittee" means any person who holds a valid mining permit from\nthe department for the boundaries of the land identified in the mined\nland-use plan.\n  12. "Person" means any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, municipality, industry, partnership, association, firm, trust,\nestate or any other legal entity whatsoever.\n  13. "Person engaged in mining" means a person who is subject to this\ntitle but who is mining without a mining permit issued by the\ndepartment.\n  14. "Reclamation" means the conditioning of the affected land to make\nit suitable for any uses or purposes consistent with the provisions of\nthis title.\n  15. "Reclamation plan" means a description of operations to be\nperformed by the applicant to reclaim the land to be mined over the life\nof the mine. The reclamation plan shall include maps, plans, the\nschedule for reclamation, written material and other documents as\nrequired by the department.\n  16. "Spoil" means any waste material removed from its natural place in\nthe process of mining and all waste material directly connected with the\ncleaning and preparation of any minerals.\n  17. "Tailings" means material of inferior quality or value resulting\nfrom the removal, preparation or processing of minerals.\n
N.Y. ENV Law § 71-2730 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2730
Enforcement of title 30 of article 27 of this chapter
Status: in_force

§ 71-2730. Enforcement of title 30 of article 27 of this chapter.\n  1. Any person who shall violate section 27-3003 of this chapter shall\nbe liable to the state of New York for a civil penalty of not more than\ntwo hundred fifty dollars for the first violation, not more than five\nhundred dollars for the second violation in the same calendar year, and\nnot more than one thousand dollars for the third and each subsequent\nviolation in the same calendar year. A hearing or opportunity to be\nheard shall be provided prior to the assessment of any civil penalty.\n  2. (a) The department, the department of agriculture and markets, the\ndepartment of health, and the attorney general are hereby authorized to\nenforce the provisions of section 27-3003 of this chapter.\n  (b) The provisions of section 27-3003 of this chapter may also be\nenforced by a county and the local legislative body thereof may adopt\nlocal laws, ordinances or regulations consistent with this title\nproviding for the enforcement of such provisions. Provided that a\nviolation of this title may not be enforced by both the state and a\ncounty, and provided further that any county that has filed a written\ndeclaration pursuant to subdivision two of section 27-3007 of this title\nshall not enforce the provisions of this title.\n  3. Any fines that are collected by the state during proceedings by the\nstate to enforce the provisions of section 27-3003 of this chapter shall\nbe paid into the environmental protection fund established pursuant to\nsection ninety-two-s of the finance law.\n  * 4. Any fines that are collected by a county during proceedings by\nthe county to enforce the provisions of section 27-3003 of this title\nwithin the county shall be retained by the county.\n  * NB Repealed January 1, 2030\n
N.Y. ENV Law § 71-2727 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2727
Enforcement of articles 27 and 71 of this chapter
Status: in_force

§ 71-2727. Enforcement of articles 27 and 71 of this chapter.\n  1. The commissioner, after investigation, notice and an opportunity to\nbe heard, may issue, modify and revoke orders prohibiting violations of\nany of the provisions of article 27 or 71 or of any rule or regulation\npromulgated pursuant thereto and requiring the taking of such remedial\nmeasures as may be necessary or appropriate.\n  2. The attorney general, on his own initiative, or at the request of\nthe commissioner, may initiate any appropriate action or proceeding to\nenforce any provision of article 27 or 71 or any rule or regulation\npromulgated pursuant thereto and any order issued or penalty assessed\npursuant to this title.\n  3. a. The commissioner, after investigation, notice and an opportunity\nto be heard, may issue, modify and revoke orders requiring corrective\naction, including corrective action beyond the facility boundary where\nnecessary to protect human health and the environment, for all releases\nof hazardous waste or constituents from any solid waste management unit\nat any treatment, storage or disposal facility which is either permitted\nor seeking a permit under title 7 or 9 of article 27 of this chapter,\nregardless of the time at which waste was placed in such unit.\n  b. Whenever on the basis of any information the commissioner\ndetermines that there is or has been a release of hazardous waste or\nconstituents into the environment from a facility which has or has had\ninterim status according to regulations adopted pursuant to title 7 or 9\nof article 27 of this chapter but which has not received a final status\npermit pursuant to such regulations, the commissioner may issue an order\nrequiring corrective action or such other response measures as he deems\nnecessary to protect human health or the environment.\n
N.Y. PBA Law § 2590 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2590
Actions against authority
Status: in_force

§ 2590. Actions against authority. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the authority, its members, officers, or employees for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence, tort or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) a notice of claim shall have been made and served upon the authority\nwithin the time limit set by and in compliance with section fifty-e of\nthe general municipal law, (b) it shall appear by, and as an allegation\nin the complaint or moving papers, that at least thirty days have\nelapsed since the service of such notice and that adjustment or payment\nthereof has been neglected or refused, and (c) the action or special\nproceeding shall be commenced within one year and ninety days after the\nhappening of the event upon which the claim is based. An action against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n  6. The venue for all actions or proceedings against the authority of\nwhatever nature shall be laid in supreme court for the county of Monroe.\n
N.Y. PBA Law § 2587 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2587
Agreement with state
Status: in_force

§ 2587. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title and with those persons or public corporations who may enter\ninto contracts with the authority pursuant to the provisions of this\ntitle that the state will not alter, limit or impair the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any contracts or agreements made\nwith or for the benefit of the holders of bonds or with any person or\npublic corporation with reference to such project or part thereof, or in\nany way to impair the rights and remedies of the holders of bonds, until\nthe bonds, together with interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the authority. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of bonds. Nothing contained in this title shall be deemed to\nrestrict the right of the state to amend, modify, repeal or otherwise\nalter statutes imposing or relating to taxes or fees, or appropriations\nrelating thereto. The authority shall not include within any resolution,\ncontract or agreement with holders of the bonds issued under this title\nany provision which provides that a default occurs as a result of the\nstate exercising its right to amend, repeal, modify or otherwise alter\nsuch taxes, fees, or appropriations. Nothing in this title shall be\ndeemed to obligate the state to make any payments or impose any taxes to\nsatisfy the debt service obligations of the authority.\n
N.Y. ENV Law § 71-2701 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2701
Applicability of title
Status: in_force

§ 71-2701. Applicability of title.\n  In addition to the provisions of sections 71-0101 and 71-0301 of this\narticle, the provisions of this title shall be applicable to the\nenforcement of article 27 and to this title.\n
N.Y. PBA Law § 2562 — New York Code / Act PBA / Article 8 / Title 27 / Section 2562
Creation of the corporation
Status: in_force

§ 2562. Creation of the corporation. 1. To effectuate the purposes and\nprovisions of this title, there is hereby created the "New York\nconvention center operating corporation", which shall be a body\ncorporate and politic constituting a public benefit corporation. The\ncorporation's board of directors shall consist of twenty-one persons to\nbe appointed with the advice and consent of the senate, including\nfifteen persons appointed by the governor; two persons appointed by the\ntemporary president of the senate; one person appointed by the minority\nleader of the senate; two persons appointed by the speaker of the\nassembly; and one person appointed by the minority leader of the\nassembly. Four of the members appointed by the governor shall be\nappointed on the written recommendation of the mayor of the city of New\nYork. One of the directors shall be designated by the governor as chair\nof the board of directors to serve as such at the pleasure of the\ngovernor. Upon recommendation of the chair of the board of directors,\nthe board of directors shall appoint an executive director of the\ncorporation. Notwithstanding any general, special or local law\nconcerning the holding of dual offices, an officer or employee of the\nstate may be appointed as an officer or employee of the corporation, and\nofficers and employees of the state may be appointed as members of the\nboard of directors of the corporation, provided however, that the chair\nof the board of directors shall not be an officer or employee of the\ncorporation, and the executive director of the corporation shall not be\na member of the board of directors.\n  2. Directors of the corporation shall be appointed for a term of three\nyears from the effective date of their appointments, provided, however,\nthat two persons first appointed by the governor other than the chair\nshall have a two year term; three persons first appointed by the\ngovernor other than the chair shall have a one year term; the four\npersons appointed on the recommendation of the mayor of the city of New\nYork shall have a term coterminous with the term of office of the mayor\nof the city of New York appointing them, one person first appointed by\nthe temporary president of the senate shall have a two year term; the\nperson first appointed by the minority leader of the senate shall have a\none year term; one person first appointed by the speaker of the assembly\nshall have a two year term; and the person first appointed by the\nminority leader of the assembly shall have a one year term except for\nthose appointed on the recommendation of the mayor whose terms shall\nexpire at the expiration of the term of the mayor appointing them. The\nterms of office of their successors shall be three years. All directors\nshall continue to hold office until their successors have been appointed\nand qualified. If at any time there is a vacancy in the membership of\nthe board of directors by reason of death, resignation, disqualification\nor otherwise, such vacancy shall be filled for the unexpired term in the\nsame manner as the original appointment.\n  3. A majority of the appointed voting membership of the board of\ndirectors shall constitute a quorum for the transaction of any business\nor the exercise of any power of the corporation. The powers of the\ncorporation shall be exercised, or may be delegated to one or more\ndirectors, officers, agents or employees, by a majority of the appointed\nvoting membership of the board of directors. No vote at such meeting\nshall be cast by proxy.\n  4. The directors, other than any officer of the corporation who also\nserves as a director, shall serve without a salary or other\ncompensation, but each director shall be entitled to reimbursement for\nexpenses incurred in the performance of official duties.\n  5. The governor may remove any member of the board for cause, provided\nthat such member be first furnished with a list of charges against him\nand given an opportunity to be heard, in person or by counsel, upon not\nless than ten days' notice.\n  6. The fiscal year of the corporation shall end on the date on which\nthe fiscal year of the state ends.\n  7. The existence of the corporation shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe corporation shall have obligations outstanding, unless adequate\nprovision has been made for the payment thereof.\n
N.Y. PBA Law § 2582 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2582
Bonds of the authority
Status: in_force

§ 2582. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue bonds, notes or\nother obligations to pay the cost of any project or for any other\npurpose under this title, including the establishment of reserves to\nsecure the bonds, the payment of principal of, premium, if any, and\ninterest on the bonds and the payment of incidental expenses in\nconnection therewith. The aggregate principal amount of such bonds,\nnotes or other obligations shall not exceed thirty million dollars\n($30,000,000), excluding bonds, notes or other obligations issued to\nrefund or repay bonds, notes, or other obligations theretofore issued\nfor such purposes; provided, however, that upon any such refunding or\nrepayment the total aggregate principal amount of outstanding bonds,\nnotes or other obligations may be greater than thirty million dollars\n($30,000,000), only if the present value of the aggregate debt service\nof the refunding or repayment of bonds, notes or other obligations to be\nissued shall not exceed the present value of the aggregate debt service\nof the bonds, notes or other obligations so to be refunded or repaid.\nFor purposes of this section, the present value of the aggregate debt\nservice of the refunding or repayment of bonds, notes or other\nobligations and the aggregate debt service of the bonds, notes or other\nobligations and of the aggregate debt service of the bonds, notes or\nother obligations so to be refunded or repaid shall be calculated by\nutilizing the effective interest rate of the refunding or repayment of\nbonds, notes or other obligations, which shall be that rate arrived at\nby doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment of bonds, notes or other obligations from payment of debts\nthereof to the date of issue of the refunding or repayment of bonds,\nnotes or other obligations and to the price bid including estimated\naccrued interest from the sale thereof. The authority shall have the\npower and is hereby authorized to enter into such agreements and perform\nsuch acts as may be required under any applicable federal legislation to\nsecure a federal guarantee or other subsidy with respect to any bonds.\n  2. The authority shall have the power from time to time to renew bonds\nor to issue renewal bonds for the purposes authorized under this title,\nto issue bonds to pay bonds, and, whenever it deems refunding expedient,\nto refund any bond by the issuance of new bonds, whether the bonds to be\nrefunded have or have not matured, and may issue bonds, partly to refund\nbonds then outstanding and partly for any other purpose of the\nauthority. Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the governing body\nof the authority, be in such denominations and bear such date or dates\nand mature at such time or times, as such resolution may provide,\nprovided that bonds and renewals thereof shall mature within thirty\nyears from the date of original issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the service area of the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect satisfactory\nsale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the authority the interests of\nthe authority will be served thereby, the governing body of the\nauthority, on the written recommendation of the chairperson may\nauthorize the sale of such bonds at private or public sale on a\nnegotiated basis or on either a competitive or negotiated basis. The\nauthority shall set guidelines governing the terms and conditions of any\nsuch private or public sales.  The private or public bond sale\nguidelines set by the authority shall include, but not be limited to, a\nrequirement that where the interests of the authority will be served by\na private or public sale of bonds, the authority shall select\nunderwriters taking into account, among other things, qualifications of\nunderwriters as to experience, their ability to structure and sell\nauthority bond issues, anticipated costs to the authority, the prior\nexperience of the authority with the firm, if any, the capitalization of\nsuch firms, participation of qualified minority and women-owned business\nenterprise firms in such private or public sales of bonds of the\nauthority and the experience and ability of firms under consideration to\nwork with minority and women-owned business enterprises so as to promote\nand assist participation by such enterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (f) The authority shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as follows:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, or any costs of\nissuance thereof, including but not limited to any contracts, earnings\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements with bondholders as may exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title and limiting or abrogating the rights\nof the bondholders to appoint a trustee under such section or limiting\nthe rights, duties and powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  6. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to adopt resolutions and enter into such trust\nindentures, agreements or other instruments as the authority may deem\nnecessary, convenient or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys or property and the doing\nof any act, including refraining from doing any act which the authority\nwould have the right to do in the absence of such resolutions, trust\nindentures, agreements or other instruments. The authority shall have\npower to enter into amendments of any such resolutions, trust\nindentures, agreements or other instruments. The provisions of any such\nresolutions, trust indentures, agreements or other instruments may be\nmade a part of the contract with the holders of bonds of the authority.\n  7. Any provisions of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfect against all parties having claims of\nany kind in tort, contract or otherwise, against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds are of such form and character as to be\nsecurities under the terms of the uniform commercial code, the bonds are\nhereby made securities within the meaning of and for all the purposes of\nthe uniform commercial code, subject only to the provisions of the bonds\nfor registration.\n  9. Neither the members of the authority nor any person executing its\nbonds shall be liable personally on its bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have power out of any funds available therefor to\npurchase bonds of the authority, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note.\n  12. The authority may request of the state an increase in the\naggregate amount of bonds, notes or other obligations established in\nsubdivision one of this section only upon a two-thirds majority vote of\nthe board.\n
N.Y. PBA Law § 2565 — New York Code / Act PBA / Article 8 / Title 27 / Section 2565
Cooperation by the state
Status: in_force

§ 2565. Cooperation by the state. For the purposes of assisting the\ncorporation in effectuating the purposes and provisions of this title,\nwith respect to the convention center, the state may, with or without\nconsideration:\n  1. Acting by and through the commissioner of general services,\ndedicate, sell, convey, lease, grant or otherwise transfer any right,\ntitle and interest in any property, real or personal, to the\ncorporation.\n  2. Enter into agreements with the corporation respecting action to be\ntaken by the state to assist the corporation in carrying out and\neffectuating the purposes of this title.\n  3. Do all other things necessary or convenient to carry out the\nforegoing powers.\n
N.Y. ENV Law § 15-2709 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2709
Administration of the system
Status: in_force

§ 15-2709. Administration of the system.\n  1. The wild, scenic and recreational rivers system shall be\nadministered in accordance with their respective jurisdictions by the\ncommissioner or the agency according to policies and criteria set forth\nin this title upon establishment of the boundaries of each river area in\naccordance with section 15-2711 of this chapter.  The commissioner or\nagency shall make and enforce regulations necessary for the management,\nprotection, and enhancement of and control of land use and development\nin the wild, scenic and recreational river areas. No regulations shall\nbe promulgated unless a publicized public hearing is held in the\nenvironmental conservation region encompassing the affected area by the\ncommissioner or agency. In such administration, primary emphasis shall\nbe given to protecting ecological, recreational, aesthetic, botanical,\nscenic, geological, fish and wildlife, historical, cultural,\narcheological and scientific features of the area. In connection with\nsuch administration, the commissioner or the agency may provide for the\npreparation and implementation of management plans for individual river\nareas or significant portions thereof.\n  2. After inclusion of any river in the wild, scenic and recreational\nrivers system, no dam or other structure or improvement impeding the\nnatural flow thereof shall be constructed on such river except as\nexpressly authorized in paragraphs b and c of this subdivision.\nNotwithstanding anything herein contained to the contrary, existing land\nuses within the respective classified river areas may continue, but may\nnot be altered or expanded except as permitted by the respective\nclassifications, unless the commissioner or agency orders the\ndiscontinuance of such existing land use. In the event any land use is\nso directed to be discontinued, adequate compensation therefor shall be\npaid by the state of New York either by agreement with the real property\nowner, or in accordance with condemnation proceedings thereon.  The\nfollowing land uses shall be allowed or prohibited within the exterior\nboundaries of designated river areas depending on the classification of\nsuch areas:\n  a. In wild river areas, no new structures or improvements, no\ndevelopment of any kind and no access by motor vehicles shall be\npermitted other than forest management pursuant to forest management\nstandards duly promulgated by regulations.\n  b. In scenic river areas, the continuation of present agricultural\npractices, the propagation of crops, forest management pursuant to\nforest management standards duly promulgated by regulations, limited\ndispersed or cluster residential developments and stream improvement\nstructures for fishery management purposes shall be permitted. There\nshall be no mining, excavation, or construction of roads, except private\nroads necessary for residential, agricultural or forest management\npurposes, and with the further exception that public access through new\nroad construction may be allowed, provided that there is no other such\naccess within two land miles in either direction.\n  c. In recreational river areas, the lands may be developed for the\nfull range of agricultural uses, forest management pursuant to forest\nmanagement standards duly promulgated by regulations, stream improvement\nstructures for fishery management purposes, and may include small\ncommunities as well as dispersed or cluster residential developments and\npublic recreational areas. In addition, these river areas may be readily\naccessible by roads or railroads on one or both banks of the river, and\nmay also have several bridge crossing and numerous river access points.\n  3. In addition to the provisions of article 70 of this chapter and\nrules and regulations adopted thereunder, the rules and regulations\nadopted by the department pursuant to this title to implement its\nprocessing of permit applications, modifications, suspensions and\nrevocations shall govern permit administration by the department under\nthis title.\n
N.Y. ENV Law § 27-2707 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2707
Manufacturer responsibilities
Status: in_force

§ 27-2707. Manufacturer responsibilities.\n  1. When the manufacturer accepts plastic carryout bags and film\nplastic for return, it or its agent shall maintain, for a minimum of\nthree years, records describing the collection, transport and recycling\nof plastic carryout bags and film plastic collected by weight, provided\nthat the manufacturer or its agents may weigh such bags, film plastic\nand any other plastic resins at a regional collection center. Such\nrecords shall be made available to the department upon request, to\ndemonstrate compliance with this title.\n  2. Manufacturers of compostable plastic bags sold to stores in the\nstate that are subject to the provisions of this title shall have\nprinted on the bag, in a manner visible to the consumer, the words\n"COMPOSTABLE BAG -- DO NOT PLACE IN RECYCLING BIN". Provided however,\nsuch bags may be sold or distributed for one year from the effective\ndate of this section to use the store's existing stock of compostable\nbags.\n
N.Y. ENV Law § 71-2702 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2702
Definitions
Status: in_force

§ 71-2702. Definitions.\n  As used in section 27-0914 of this chapter, and this title, the\nfollowing terms shall have the following meanings:\n  1. "Hazardous wastes" means:\n  (a) Those wastes identified or listed in regulations promulgated\npursuant to section 27-0903 of this chapter and all amendments thereto;\n  (b) Acute hazardous wastes and;\n  (c) Waste oils, including but not limited to, used engine lubricating\noil, fuel oil, motor oil, gear oil, cutting oil, transmission fluid,\nhydraulic fluid, dielectric fluid, oil storage tank residue, animal oil,\nand vegetable oil, which have been contaminated by physical or chemical\nimpurities, through use or accident, and have not been subsequently\nrerefined, and which fail one or more of the characteristic tests listed\nin regulations promulgated pursuant to section 27-0903 of this chapter\nand all amendments thereto or which contain any waste identified or\nlisted in regulations promulgated pursuant to section 27-0903 of this\nchapter and all amendments thereto.\n  2. "Acute hazardous wastes" means those wastes identified or listed as\n"acute hazardous wastes" in regulations promulgated pursuant to section\n27-0903 of this chapter and all amendments thereto.\n  3. "Authorization" means the possession, where required, of a valid\nlicense, permit or certificate issued by an agency of the state of New\nYork or the federal government or an order issued by the commissioner or\nthe administrator of the federal environmental protection agency under\napplicable statutes, rules or regulations regarding the possession or\nrelease of hazardous or acutely hazardous wastes or substances hazardous\nor acutely hazardous to public health, safety or the environment or\notherwise engaging in conduct which is exempt under applicable statutes,\nrules or regulations from the requirements of possessing such a license,\npermit, certificate or order.\n  4. "Site of generation" means premises where hazardous wastes are\nproduced, used, or stored pursuant to authorization or registration\nunder the federal solid waste disposal act or under article twenty-seven\nof this chapter, and all contiguous property owned or leased by the\nowner or lessor of said premises, including contiguous property which\nmay be otherwise divided by a public or private right-of-way, provided\nthe entrance and exit between the properties is at a crossroads\nintersection, and access is by crossing as opposed to going along the\nright-of-way, and non-contiguous property owned or leased by the owner\nor lessor of said premises, but connected by a right-of-way which he\ncontrols and to which the public does not have access.\n  5. "Disposal" means the discharge, deposit, injection, dumping,\nspilling, leaking or placing of any substance so that such substance or\nany related constituent thereof may enter the environment, or the\nabandonment of any substance. Disposal also means the thermal\ndestruction of waste or hazardous waste and the burning of such wastes\nas fuel for the purpose of recovering useable energy.\n  6. "Primary water supply" means a body of surface water, fresh or\nsaline or water in a saturated zone or stratum beneath the surface of\nland or water, best usage of which includes being used for drinking,\nculinary or food processing, including potable mineral waters, and so\nclassified in regulations promulgated pursuant to section 15-0313 or\n17-0301 of this chapter, as amended.\n  7. "Water" includes lakes, bays, ponds, rivers, streams, and other\nwaters as further defined in subdivision two of section 17-0105 of this\nchapter.\n  8. "Pound" means an avoirdupois pound.\n  9. "Gallon" means a unit of liquid capacity equal to two hundred\nthirty-one cubic inches or four quarts.\n  10. "Substance hazardous to public health, safety or the environment"\nmeans any substance which:\n  (a) is identified or listed as a hazardous waste in regulations\npromulgated pursuant to section 27-0903 of this chapter and all\namendments thereto, regardless of whether at the time of release the\nsubstance was actually a waste; or\n  (b) appears on the list in regulations promulgated pursuant to\nparagraph (a) of subdivision one of section 37-0103 of this chapter and\nall amendments thereto.\n  11. "Substance acutely hazardous to public health, safety or the\nenvironment" means any substance which:\n  (a) is listed as an acute hazardous waste in regulations promulgated\npursuant to section 27-0903 of this chapter and all amendments thereto,\nregardless of whether at the time of release the substance was actually\na waste; or\n  (b) appears on the list in regulations promulgated pursuant to\nparagraph (b) of subdivision one of section 37-0103 of this chapter and\nall amendments thereto.\n  12. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota, and all other\nnatural resources.\n  13. "Release" means any pumping, pouring, emitting, emptying, or\nleaching, directly or indirectly, of a substance so that the substance\nor any related constituent thereof, or any degradation product of such a\nsubstance or of a related constituent thereof, may enter the\nenvironment, or the disposal of any substance.\n  14. "Abandonment" means the intentional relinquishment or forsaking of\nall possession or control of any substance. In any prosecution under\nthis title, it is an affirmative defense to an allegation of abandonment\nthat the defendant surrendered possession or control of such substance\nto another party who knowingly and voluntarily consented to assume such\npossession or control.\n  15. For the purposes of section 27-3101 of this chapter and\nsubdivision five of section 71-2712, subdivisions seven, eight and nine\nof section 71-2713 and subdivision three of section 71-2714 of this\ntitle:\n  (a) "construction and demolition debris" shall mean waste resulting\nfrom construction, remodeling, repair and demolition of structures,\nbuildings and roads, including but not limited to excavated material.\nConstruction and demolition debris shall not include, even if generated\nfrom construction, remodeling, repair and demolition activities,\nmunicipal solid waste and such other materials that may be listed for\nexclusion from this definition pursuant to regulations promulgated by\nthe department.\n  (b) "excavated material" means excess soil, rock, fill, or other\nmaterial excavated during construction or maintenance activities. "Fill"\nshall include soil or other granular, compactible material that is\nauthorized for use pursuant to regulations promulgated by the\ndepartment.\n
N.Y. ENV Law § 23-2721 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2721
Judicial review
Status: in_force

§ 23-2721. Judicial review.\n  Any act, omission, determination or order of the department or of any\nofficer or employee thereof, pursuant to or within the scope of this\ntitle, may be reviewed in accordance with article seventy-eight of the\ncivil practice law and rules.\n
N.Y. ENV Law § 71-2709 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2709
Unlawful possession of hazardous wastes in the first degree
Status: in_force

§ 71-2709. Unlawful possession of hazardous wastes in the first degree.\n  No person shall:\n  1. Knowingly possess acute hazardous wastes at a place other than the\nsite of generation; or\n  2. Knowingly possess more than fifteen hundred gallons or fifteen\nthousand pounds, whichever is less, of an aggregate weight or volume of\nhazardous wastes at a place other than the site of generation; or\n  3. Recklessly possess more than twenty-five hundred gallons or\ntwenty-five thousand pounds, whichever is less, of an aggregate weight\nor volume of hazardous wastes at a place other than the site of\ngeneration.\n  Unlawful possession of hazardous waste in the first degree is a class\nD felony.\n
N.Y. PBA Law § 2594 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2594
Code of ethics
Status: in_force

§ 2594. Code of ethics. The authority shall be deemed a state agency\nfor the purposes of section seventy-four of the public officers law.\n
N.Y. ENV Law § 71-2703 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2703
Violations of title 3 or 7 of article 27 of this chapter
Status: in_force

§ 71-2703. Violations of title 3 or 7 of article 27 of this chapter.\n  1. Civil and administrative sanctions.  a. Any person who violates any\nof the provisions of, or who fails to perform any duty imposed by title\n3 or 7 of article 27 of this chapter or any rule or regulation\npromulgated 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 title\nshall be liable for a civil penalty not to exceed seven thousand five\nhundred dollars for each such violation and an additional penalty of not\nmore than one thousand five hundred dollars for each day during which\nsuch violation continues, to be assessed by the commissioner after an\nopportunity to be heard pursuant to the provisions of section 71-1709 of\nthis article, or by the court in any action or proceeding pursuant to\nsection 71-2727 of this title, and, in addition thereto, such person may\nby similar process be enjoined from continuing such violation and any\npermit or certificate issued to such person may be revoked or suspended\nor a pending renewal application denied.\n  b. i. Any person who violates any of the provisions of, or who fails\nto perform any duty imposed by, title 3 or 7 of article 27 of this\nchapter, or any rule or regulation promulgated pursuant thereto, or any\nterm or condition of any certificate or permit issued pursuant thereto\nand thereby causes the release of solid waste into the environment,\nshall be liable for a civil penalty not to exceed eleven thousand two\nhundred fifty dollars for each such violation and an additional penalty\nof not more than eleven thousand two hundred fifty dollars for each day\nduring which such violation continues, to be assessed by the\ncommissioner after an opportunity to be heard pursuant to the provisions\nof section 71-1709 of this article, or by the court in any action or\nproceeding pursuant to section 71-2727 of this title, and, in addition\nthereto, such person may by similar process be enjoined from continuing\nsuch violation and any permit or certificate issued to such person may\nbe revoked or suspended or a pending renewal application denied.\n  ii. Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by, title 3 or 7 of article 27 of this chapter,\nor any rule or regulation promulgated pursuant thereto, or any term or\ncondition of any certificate or permit issued pursuant thereto and\nthereby causes the release of more than ten cubic yards of solid waste\ninto the environment, shall be liable for a civil penalty not to exceed\ntwenty-two thousand five hundred dollars for each such violation and an\nadditional penalty of not more than twenty-two thousand five hundred\ndollars for each day during which such violation continues, to be\nassessed by the commissioner after an opportunity to be heard pursuant\nto the provisions of section 71-1709 of this article, or by the court in\nany action or proceeding pursuant to section 71-2727 of this title, and,\nin addition thereto, such person may by similar process be enjoined from\ncontinuing such violation and any permit or certificate issued to such\nperson may be revoked or suspended or a pending renewal application\ndenied.\n  c. The court in any action or proceeding pursuant to section 71-2727\nof this chapter may exercise all powers exercisable by the commissioner.\n  2. Criminal sanctions.  a. Any person who, having any of the culpable\nmental states defined in section 15.05 of the penal law, shall violate\nany of the provisions of or who fails to perform any duty imposed by\ntitle 3 or 7 of article 27 of this chapter, or any rules and regulations\npromulgated pursuant thereto, or any final determination or order of the\ncommissioner made pursuant to this title shall be guilty of a violation\nand, upon conviction thereof, shall be punished by a fine of not less\nthan one thousand five hundred dollars nor more than fifteen thousand\ndollars per day of violation or by imprisonment for not more than\nfifteen days or by both such fine and imprisonment.\n  b. i. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than ten cubic\nyards of solid waste into the environment shall be guilty of a class B\nmisdemeanor and, upon conviction thereof, shall be punished by a fine of\nnot less than three thousand seven hundred fifty dollars per day nor\nmore than twenty-two thousand five hundred dollars per day of violation,\nor by imprisonment for a term in accordance with the penal law, or by\nboth such fine and imprisonment.\n  ii. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than ten cubic\nyards of solid waste into the environment, after having been convicted\nof a violation of this subdivision within the preceding five years,\nshall be guilty of a class A misdemeanor and, upon conviction thereof,\nshall be punished by a fine of not less than three thousand seven\nhundred fifty dollars per day nor more than thirty-seven thousand five\nhundred dollars per day of violation, or by imprisonment for a term in\naccordance with the penal law, or by both such fine and imprisonment.\n  c. i. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than seventy\ncubic yards of solid waste into the environment shall be guilty of a\nclass A misdemeanor and, upon conviction thereof, shall be punished by a\nfine of not less than three thousand seven hundred fifty dollars per day\nnor more than thirty-seven thousand five hundred dollars per day of\nviolation, or by imprisonment for a term in accordance with the penal\nlaw, or by both such fine and imprisonment.\n  ii. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than seventy\ncubic yards of solid waste into the environment, after having been\nconvicted of a violation of this subdivision within the preceding five\nyears, shall be guilty of a class E felony and, upon conviction thereof,\nshall be punished by a fine of not less than seven thousand five hundred\ndollars per day nor more than seventy-five thousand dollars per day of\nviolation, or by imprisonment for a term in accordance with the penal\nlaw, or by both such fine and imprisonment.\n  3. Additional sanctions. Any person who violates any of the provisions\nof, or who fails to perform any duty imposed by title 7 of article 27,\nwith regard to the construction and operation of facilities for the\ndisposal of construction and demolition debris or any rule or regulation\npromulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto or any final determination\nor order of the commissioner made pursuant to this title shall be liable\nfor a civil penalty not to exceed fifteen thousand dollars and each day\nof such deposition shall constitute a separate violation and said civil\npenalty is in addition to any other fines or penalties which may be\napplied pursuant to this title.\n  4. Definition. As used in this section, the following term shall have\nthe following meaning "release" means any pumping, pouring, emitting,\nemptying, discharge, deposit, injection, dumping, spilling or placing of\na substance.\n  5. Penalty assessment criteria. In determining the amount of any fine,\npenalty or sentence imposed pursuant to this section, the commissioner\nor the court shall take into consideration any evidence introduced by a\nparty regarding the economic impact of a penalty on a business, the\ncompliance history of a violator, good faith efforts of a violator to\ncomply, any economic benefit obtained from noncompliance, the amount of\nrisk or damage to public health or the environment caused by a violator,\nwhether the violation was procedural in nature, or such other factors as\njustice may require.\n
N.Y. ENV Law § 15-2715 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2715
Designation of additions to the system
Status: in_force

§ 15-2715. Designation of additions to the system.\n  1. The commissioner or agency shall study and from time to time submit\nto the governor and to the legislature proposals for the addition to the\nstate wild, scenic and recreational rivers system of river areas which,\nin their judgment, fall within one or more of the descriptive classes\nset out in this title. Each proposal shall specify the class or classes\nof the proposed addition and shall be accompanied by a detailed report\non the factors which, in the judgment of the commissioner or agency,\nmake the area a worthy addition to the system. The report shall show the\narea included within the proposal; the characteristics which make the\narea a worthy addition to the system; the current status of land\nownership and use in the area; the anticipated acquisitions of land and\nscenic or other easements in the area; the potential uses of the land\nand water; and the cost of acquisitions of land and scenic or other\neasements and improvements proposed. The commissioner or agency shall\nsend the report to the legislative authority of each county, town, and\nmunicipal corporation, any part of which is within the area, and to the\ncommissioner of transportation, commissioner of agriculture and markets,\ncommissioner of health, and commissioner of commerce.  Thereafter, each\nproposal shall be submitted to the governor and the legislature for\nadoption or modification. This section is not intended to preclude or\ndiscourage studies and proposals by other agencies or by citizen groups\nworking independently or with the commissioner or the agency, provided\nthat such studies and proposals shall be conducted and made in\naccordance with the criteria and procedures set forth in this\nsubdivision and shall be submitted to the agency or the commissioner as\nappropriate for comment prior to submission of any proposal to the\ngovernor or the legislature. The commissioner and the agency shall\nprovide technical assistance to and cooperate with any such agencies and\ncitizen groups.\n  2. Not later than three years after the effective date upon which each\nof the following rivers shall have been designated for study by\ninclusion in this subdivision, the agency, after consultation and\ncooperation with the commissioner with respect to rivers within the\nAdirondack park, or the commissioner with respect to rivers elsewhere,\nis hereby directed to consider and make proposals to the legislature for\nthe addition of each such river to the state wild, scenic and\nrecreational rivers system :\n  a. The Batten Kill river from the Vermont state line to the dam at\nGreenwich.\n  b. The Delaware river from Port Jervis to the junction of the East and\nWest Branches of the Delaware river, and the East Branch of the Delaware\nriver upstream to the Downsville dam, and the West Branch of the\nDelaware river upstream to the Cannonsville dam.\n  c. The Genesee river from the Pennsylvania state line to Letchworth\nState Park.\n  d. The Susquehanna river from Otsego lake to Bainbridge at the Route\n206 crossing.\n  g. Bouquet river--Approximately twenty-four miles of the North Branch\nfrom Trout pond to the confluence with the Main Branch.\n  h. The Branch--Approximately sixteen miles from Elk lake to the\nconfluence with the Schroon river.\n  i. East Stoney creek--Approximately eighteen miles from Harrisburg\nlake to Great Sacandaga lake.\n  j. Grasse river--Approximately twenty-five miles of the Main Branch\nfrom the confluence with the South Branch to the village of Canton.\n  l. Osgood river--Approximately fourteen miles from Jones pond to\nMeacham lake.\n  m. Oswegatchie river--Approximately eleven miles of the Main Branch\nfrom the Cranberry lake outlet to River road.\n  n. Pleasant Lake stream--Approximately seven miles from Pleasant lake\nto the confluence with the Middle Branch of the Grasse river.\n  o. Saranac river--Approximately seventeen miles of the North Branch\nfrom Mud pond to the confluence with the Main Branch.\n
N.Y. ENV Law § 27-2713 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2713
Preemption
Status: in_force

§ 27-2713. Preemption.\n  Jurisdiction in all matters pertaining to plastic bag and film plastic\nrecycling is by this article vested exclusively in the state. Any\nprovision of any local law or ordinance, or any rule or regulation\npromulgated thereto, governing the recycling of plastic bags and film\nplastic shall, upon the effective date of this title, be preempted.\nProvided however, nothing in this section shall preclude a person from\ncoordinating for recycling or reuse the collection of plastic bags or\nfilm plastic.\n
N.Y. PBA Law § 2588 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2588
Agreement with county
Status: in_force

§ 2588. Agreement with county. The county is authorized to pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title and with those persons or public corporations who may\nenter into contracts with the authority, pursuant to the provisions of\nthis title, that the county will not alter, limit or impair the rights\nhereby vested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any agreements made with the\nholders of the bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way impair the\nrights and remedies of the holders of bonds, until the bonds, together\nwith interest thereon, including interest on any unpaid installments of\ninterest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of the holders of bonds, are fully met and\ndischarged and such contracts are fully performed on the part of the\nauthority.\n
N.Y. ENV Law § 71-2715 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2715
Unlawful dealing in hazardous wastes in the second degree
Status: in_force

§ 71-2715. Unlawful dealing in hazardous wastes in the second degree.\n  No person shall:\n  1. With intent that another person possess or dispose of hazardous\nwastes without authorization, solicit, request, command, importune or\notherwise attempt to cause such other person to engage in such conduct;\nor\n  2. Believing it probable that he is rendering aid to a person who\nintends to possess or dispose of hazardous wastes without authorization,\nengage in conduct which provides such person with the means or\nopportunity for the commission thereof and which in fact aids such\nperson to commit such act.\n  Unlawful dealing in hazardous waste in the second degree is a class A\nmisdemeanor.\n
N.Y. ENV Law § 71-2719 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2719
Presumptions
Status: in_force

§ 71-2719. Presumptions.\n  1. Possession of fifteen hundred gallons or fifteen thousand pounds,\nwhichever is less, of an aggregate weight or volume of hazardous wastes\nor substances hazardous to public health, safety or the environment,\nshall be presumptive evidence of knowledge on the part of the person in\npossession that the material is a hazardous waste or a substance\nhazardous to public health, safety or the environment; and\n  2. Possession of five gallons or fifty pounds, whichever is less, of\nan aggregate weight or volume of acute hazardous wastes or substances\nacutely hazardous to public health, safety or the environment shall be\npresumptive evidence of knowledge on the part of the person in\npossession that the material is an acute hazardous waste or a substance\nacutely hazardous to public health, safety or the environment.\n
N.Y. ENV Law § 71-2712 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2712
Endangering public health, safety or the environment in the third degree
Status: in_force

§ 71-2712. Endangering public health, safety or the environment in the\n             third degree.\n  A person is guilty of endangering public health, safety or the\nenvironment in the third degree when:\n  1. He recklessly engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment;\nor\n  2. He recklessly engages in conduct which causes the release of more\nthan two hundred gallons or two thousand pounds, whichever is less, of\nan aggregate weight or volume of a substance hazardous to public health,\nsafety or the environment; or\n  3. He recklessly engages in conduct which causes the release of more\nthan one hundred gallons or one thousand pounds, whichever is less, of\nan aggregate weight or volume of a substance hazardous to public health,\nsafety or the environment  and such release creates a substantial risk\nof physical injury to any person who is not a participant in the crime;\nor\n  4. He or she knowingly engages in conduct which causes the release of\nmore than one hundred gallons or one thousand pounds, whichever is less,\nof an aggregate weight or volume of a substance hazardous to public\nhealth, safety or the environment; or\n  5. With intent to dispose of construction and demolition debris, he or\nshe intentionally engages in conduct that causes the unlawful disposal\nor release of either ten cubic yards or more, or twenty thousand pounds\nor more, of construction and demolition debris, as defined in section\n71-2702 of this title.\n  Endangering public health, safety or the environment in the third\ndegree is a class E felony.\n
N.Y. PBA Law § 2566 — New York Code / Act PBA / Article 8 / Title 27 / Section 2566
Appropriations
Status: in_force

§ 2566. Appropriations. 1. To assure the continued operation and\nsolvency of the corporation for the carrying out of the public purposes\nof this act, there may be, notwithstanding any provision of law to the\ncontrary, annually apportioned and paid to the corporation such sum, if\nany, as shall be appropriated in the first instance by the state as\nnecessary to enable the corporation to meet all items of expense,\nincluding proper maintenance of the convention center, that are approved\nby the director of the budget to be incurred by the corporation in the\nnext succeeding state fiscal year. The chairman of the corporation shall\nannually, on or before September fifteenth, make and deliver to the\ngovernor and the director of the budget for their approval and for\nsubmission to the legislature a budget request for the operations of the\ncorporation. The request shall delineate the total amount needed for\ncorporate purposes, the source and amount of other funds that the\ncorporation expects to receive, and such other information as the\ndirector of the budget shall require. The sum or sums appropriated in\nthe first instance, or so much thereof as shall be necessary, shall be\napportioned and paid to the corporation during the course of the fiscal\nyear as needed.\n  2. Notwithstanding the provisions of any general or special law, no\npart of such appropriation shall be available for the purposes\ndesignated until a certificate of approval of availability shall have\nbeen issued by the director of the budget and a copy of such certificate\nfiled with the state comptroller, the chairman of the senate finance\ncommittee and the chairman of the assembly ways and means committee.\nSuch certificate may be amended from time to time, subject to the\napproval of the director of the budget, and a copy of each such\namendment shall be filed with the state comptroller, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee.\n  3. The director of the budget shall not issue any certificate of\napproval of availability until the corporation has entered into a\nwritten agreement with the director of the budget providing for\nrepayment by such corporation to the state of an amount equal to the\ntotal amount expended by the state from such appropriation, on terms to\nbe determined by the director of the budget, and a copy of such\nagreement shall be filed with the state comptroller, the chairman of the\nsenate finance committee and the chairman of the assembly ways and means\ncommittee. Notwithstanding the provisions of section forty-a of the\nstate finance law and any other general or special law, such written\nagreement shall require repayment only to the extent that moneys are\navailable from the convention center operating corporation fund\nestablished in accordance with section twenty-five hundred sixty-nine of\nthis title.\n
N.Y. PBA Law § 2595 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2595
Equal employment opportunity
Status: in_force

§ 2595. Equal employment opportunity. The authority shall ensure that\nall employees or applicants for employment are afforded equal employment\nopportunity without discrimination on any basis prohibited under\nsubdivision two of section forty-c of the civil rights law.\n
N.Y. ENV Law § 71-2713 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2713
Endangering public health, safety or the environment in the second degree
Status: in_force

§ 71-2713. Endangering public health, safety or the environment in the\n             second degree.\n  A person is guilty of endangering public health, safety or the\nenvironment in the second degree when:\n  1. He knowingly engages in conduct which causes the release of a\nsubstance hazardous to public health, safety or the environment and such\nrelease causes physical injury to any person who is not a participant in\nthe crime; or\n  2. He knowingly engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment\nor the release of a substance which at the time of the conduct he knows\nto meet any of the criteria set forth in paragraph (b) of subdivision\none of section 37-0103 of this chapter; or\n  3. He knowingly engages in conduct which causes the release of more\nthan one thousand five hundred gallons or fifteen thousand pounds,\nwhichever is less, of an aggregate weight or volume of a substance\nhazardous to public health, safety or the environment; or\n  4. He recklessly engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment\nand such release causes physical injury to any person who is not a\nparticipant in the crime; or\n  5. He knowingly engages in conduct which causes the release of more\nthan one hundred gallons or one thousand pounds, whichever is less, of\nan aggregate weight or volume of a substance hazardous to public health,\nsafety or the environment and such substance enters water; or\n  6. He or she knowingly or recklessly engages in conduct which causes\nthe release of a substance hazardous to public health, safety or the\nenvironment and such substance enters a primary water supply; or\n  7. With intent to dispose of construction and demolition debris, he or\nshe intentionally engages in conduct that causes the unlawful disposal\nor release of either seventy cubic yards or more, or one hundred forty\nthousand pounds or more, of construction and demolition debris, as\ndefined in section 71-2702 of this title; or\n  8. With intent to dispose of a hazardous substance on the property of\nanother he or she intentionally engages in conduct that causes the\nunlawful disposal or release of a hazardous substance; or\n  9. He or she recklessly disposes of any acutely hazardous substance on\nany property.\n  Endangering public health, safety or the environment in the second\ndegree is a class D felony.\n
N.Y. ENV Law § 71-2725 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2725
Disposition of penalties and fines
Status: in_force

§ 71-2725. Disposition of penalties and fines.\n  1. a. All penalties and fines accumulated prior to April first,\nnineteen hundred eighty-eight, pursuant to sections 71-2705, 71-2721 and\n71-2723 of this title shall be paid over to the commissioner for deposit\nto the credit of the hazardous waste remedial fund established by\nsection ninety-seven-b of the state finance law.\n  b. All penalties and fines collected pursuant to sections 71-2705,\n71-2721 and 71-2723 of this title shall be paid into the general fund to\nthe credit of the state purposes account.\n  2. All moneys collected in any action brought on behalf of the state\nfor damage resulting from improper or unlawful dissemination or disposal\nof hazardous wastes shall be paid over to the commissioner for deposit\nto the credit of the hazardous waste remedial fund established by\nsection ninety-seven-b of the state finance law.\n
N.Y. ENV Law § 71-2729 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2729
Enforcement of title 26 of article 27 of this chapter
Status: in_force

§ 71-2729. Enforcement of title 26 of article 27 of this chapter.\n  1. a. Any consumer, as defined in title twenty-six of article\ntwenty-seven of this chapter, who violates any provision of, or fails to\nperform any duty imposed by, section 27-2611 of this chapter, shall be\nliable for a civil penalty not to exceed one hundred dollars for each\nviolation.\n  b. Any person, except a consumer, manufacturer, or an owner or\noperator of an electronic waste collection site, electronic waste\nconsolidation facility, or electronic waste recycling facility as these\nterms are defined in title twenty-six of article twenty-seven of this\nchapter, who violates any provision, or fails to perform any duty\nimposed by section 27-2611 of this chapter, shall be liable for a civil\npenalty not to exceed two hundred fifty dollars for each violation.\n  c. Any manufacturer, or any person operating an electronic waste\ncollection site, an electronic waste consolidation facility, or an\nelectronic waste recycling facility as those terms are defined in title\ntwenty-six of article twenty-seven of this chapter, who:\n  i. fails to submit any report, registration, fee, or surcharge to the\ndepartment as required by title twenty-six of article twenty-seven of\nthis chapter shall be liable for a civil penalty not to exceed one\nthousand dollars for each day such report, registration, fee, or\nsurcharge is not submitted; and\n  ii. violates any other provision of title twenty-six of article\ntwenty-seven of this chapter or fails to perform any duty imposed by\nsuch title, except for subdivision four of section 27-2603 of this\nchapter, shall be liable for a civil penalty for each violation not to\nexceed one thousand dollars for the first violation, two thousand five\nhundred dollars for the second violation and five thousand dollars for\nthe third and subsequent violations of this title within a twelve-month\nperiod.\n  d. Any retailer, as defined by section 27-2601 of this chapter, who\nviolates any provision of title twenty-six of article twenty-seven of\nthis chapter or fails to perform any duty imposed by such title, shall\nbe liable for a civil penalty for each violation not to exceed two\nhundred fifty dollars for the first violation, five hundred dollars for\nthe second violation and one thousand dollars for the third and\nsubsequent violations of this title in a twelve-month period.\n  e. Civil penalties under this section shall be assessed by the\ncommissioner after a hearing or opportunity to be heard pursuant to the\nprovisions of section 71-1709 of this article, or by the court in any\naction or proceeding pursuant to this section, and, in addition thereto,\nsuch person may by similar process be enjoined from continuing such\nviolation.\n  2. All penalties collected pursuant to this section shall be paid over\nto the commissioner for deposit to the environmental protection fund\nestablished pursuant to section ninety-two-s of the state finance law.\n
N.Y. ENV Law § 71-2717 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2717
Unlawful dealing in hazardous wastes in the first degree
Status: in_force

§ 71-2717. Unlawful dealing in hazardous wastes in the first degree.\n  No person shall:\n  1. Remove, assist in the removal, or make available for removal, more\nthan one hundred gallons or one thousand pounds, whichever is less, of\nan aggregate weight or volume of hazardous wastes intending that such\nwastes are to be possessed or disposed of by a person who does not have\nauthorization; or\n  2. Solicit, agree to receive or receive a benefit for possession or\ndisposal of hazardous wastes intending that the possession or disposal\nis to be done without authorization; or\n  3. Offer, agree to confer, confer upon another or authorize or direct\nanyone to offer, agree to confer or confer upon another a benefit for\npossession or disposal of hazardous wastes intending that the person who\nis to perform such possession or disposal does not have authorization.\n  Unlawful dealing in hazardous waste in the first degree is a class E\nfelony.\n
N.Y. PBA Law § 2572 — New York Code / Act PBA / Article 8 / Title 27 / Section 2572
Separability
Status: in_force

§ 2572. Separability. If any section, clause or provision of this\ntitle or the application thereof shall be adjudged invalid, such\njudgment shall not affect or invalidate any other section, clause or\nprovision of this title.\n
N.Y. ENV Law § 15-2713 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2713
Initial designations
Status: in_force

§ 15-2713. Initial designations.\n  The following rivers which are located within the boundaries of the\nAdirondack park, as now defined by law, are to be initially included in\nthis system being classified by the above-stated criteria:\n  1. Wild rivers\n  a. Cedar river--Approximately seven miles from the southwest boundary\nof lot 82, township 17, Totten and Crossfield's Purchase to the Hamilton\ncounty line.\n  b. Cold river--Approximately fourteen miles from the Duck Hole to the\nconfluence with the Raquette river and the entire three-mile length of\nOuluska Pass brook.\n  c. Hudson river--Approximately ten and one-half miles from the\nconfluence of the Cedar river to the confluence with Boreas river.\n  d. Indian river--Approximately thirteen miles from Brook Trout lake to\nthe confluence with the south branch of the Moose river.\n  e. Opalescent river--Approximately eleven miles from Flowed Lands to\nthe confluence with the Hudson river.\n  f. East branch of the Sacandaga river--Approximately eleven and\none-half miles from Botheration pond to a point one-half mile above the\nconfluence with Cook brook.\n  g. West branch of the Sacandaga river--Approximately seven miles from\nthe confluence of the Piseco lake outlet to the confluence with Dugway\ncreek.\n  h. West Canada creek--Approximately eight miles from Mud lake to the\nOld Mitchell dam site.\n  2. Scenic rivers\n  a. Ampersand brook--Approximately eight miles from Ampersand pond to\nthe confluence with the Raquette river.\n  b. Ausable river--Approximately nine miles from Marcy swamp to St.\nHubert's.\n  c. Boreas river--Approximately eleven and one-half miles from Cheney\npond to the confluence with the Hudson river.\n  d. Bouquet river--Approximately six miles of the North Fork from the\nheadwaters on Dial mountain to the bridge on route 73. Approximately\nfive and one-half miles of the South Fork from the headwaters to the\nbridge on route 73.\n  e. Cedar river--Approximately five miles from the Hamilton County line\nto the confluence with the Hudson river.\n  f. Hudson river--Approximately nine miles from the hamlet of Newcomb\nto the confluence with the Cedar river and approximately four miles from\nthe confluence with the Boreas river to a point one mile north of the\nhamlet of North river.\n  g. South branch of the Moose river--Approximately eighteen miles from\nthe east boundary of the state land immediately west of Little Moose\nlake to the west boundary of state land near Rock Dam and approximately\nsix and one-half miles from the east boundary of state land just north\nof Woodhull mountain downstream to the state land boundary near the\nconfluence with the middle branch of the Moose river.\n  3. Recreational rivers\n  a. West branch of Ausable river--Approximately five miles from the\nstate boundary along the River road east of Big Cherry Patch pond\ndownstream to the state boundary immediately west of High Falls.\n
N.Y. PBA Law § 2564 — New York Code / Act PBA / Article 8 / Title 27 / Section 2564
Special powers and duties of the corporation
Status: in_force

§ 2564. Special powers and duties of the corporation. The corporation\nshall have the power and duty:\n  1. To maintain and operate the convention center including the\nexpansion project; to rent parts thereof, and grant concessions, all on\nsuch terms and conditions as it may determine are fair and reasonable,\nsubject, in the case of rentals and concessions other than for\nexhibition purposes, to the prior approval of the state comptroller;\n  2. To approve the plan and design of the convention center project as\nrequired by a chapter of the laws of nineteen hundred seventy-nine and\nthe plan and design of the expansion project and any convention hotel\nfinanced by chapter three of the laws of two thousand four;\n  3. To transfer or otherwise make available to the subsidiary of New\nYork state urban development corporation organized pursuant to said\nchapter of the laws of nineteen hundred seventy-nine, without\nconsideration and when and as requested by said subsidiary, any or all\nrights, property and assets which shall have been transferred to the\ncorporation pursuant to section twenty-two-a of chapter ten hundred\neleven of the laws of nineteen hundred seventy-one as added by section\neighteen of said chapter of the laws of nineteen hundred seventy-nine;\nand\n  4. To establish a subsidiary for the purposes of forming a pure\ncaptive insurance company as provided in section seven thousand two of\nthe insurance law. Prior to forming such captive insurance company, the\ncorporation or its subsidiary shall complete a feasibility study\nincluding, but not limited to, an analysis of the actuarial risks and\nfeasibility associated with the creation of the insurance captive, a\nmeasurement of value of such insurance captives relative to financing\nrisk utilizing commercial insurance or self-financing, including in the\naggregate and by respective insurance type, the advantages and\ndisadvantages of potential insurance captive structures, and a domicile\nanalysis. Such feasibility study shall be provided to the temporary\npresident of the senate, the speaker of the assembly, and the governor\nupon completion, and shall be conducted by an independent risk\nconsultant firm or captive insurance broker licensed by the state to\nperform such duties. Such related risk consultant firm, captive\ninsurance broker, or any subsidiaries or affiliates thereof shall be\nprohibited from providing any management services for the captive\ninsurance company for the corporation for no less than five years from\nthe date of completing the study.\n
N.Y. PBA Law § 2563 — New York Code / Act PBA / Article 8 / Title 27 / Section 2563
General powers of the corporation
Status: in_force

§ 2563. General powers of the corporation. In the exercise of the\npowers conferred and the performance of the duties imposed upon it by\nsection twenty-five hundred sixty-four of this title, and subject to the\nlimitations contained in other sections of this title, the corporation\nshall have the following general powers:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To make by-laws for the management and regulation of its affairs;\n  4. To make and execute contracts and all other instruments including\nleases and subleases necessary or convenient to accomplish its corporate\npurposes, including, without limitation, the operation and maintenance\nof the convention center;\n  5. To purchase, receive, take by gift, grant, devise, bequest or\notherwise, lease or otherwise acquire, own, hold, improve, employ, use\nand otherwise deal in and with, real or personal property, or any\ninterest therein, including air and subsurface rights and lands under\nwater at the site of the convention center or in the general vicinity\nthereof;\n  6. To accept grants, loans, contributions, subsidies or other forms of\nfinancial assistance from the United States, the state and the city, or\nany agency or instrumentality thereof, and from any other source,\nincluding gifts or transfers by bequest or otherwise, and to use same or\nexpend the proceeds thereof for its corporate purposes;\n  7. To invest any funds held in reserve or any moneys not required for\nimmediate use or disbursement, at the discretion of the corporation, in\nobligations of the state or the United States government or obligations\nthe principal and interest of which are guaranteed by the state or the\nUnited States government, or in accordance with the provisions of\nsection ninety-eight-a of the state finance law;\n  8. Subject to the approval of the director of the budget in such form\nas he shall specify, to appoint such officers, agents and employees as\nit may require for the performance of its duties, and to fix and\ndetermine their qualifications, duties and compensation and to retain or\nemploy other agents, including but not limited to architects, counsel,\nauditors, engineers and private consultants on a contract basis or\notherwise for rendering professional or technical services and advice;\n  9. With the consent of the state, to use the agents, employees and\nfacilities of the state, paying to the state its agreed proportion of\nthe compensation or costs;\n  10. To fix and collect rents, rates, fees and other charges for the\nuse of the convention center;\n  11. To enter into agreements with the city and the state and the\nUnited States, or any agency or instrumentality thereof, individuals,\nfirms or corporations for any lawful purposes necessary or desirable to\neffectuate the purposes of this title; and\n  12. To do all things necessary or convenient to carry out the purposes\nand provisions of this title.\n  13. (a) Notwithstanding paragraph three of subdivision b of section\nsix hundred of the retirement and social security law and subdivision\nfour of section two hundred one of the civil service law, or any other\ngeneral, special or local law, the corporation may provide to persons in\nits employ any retirement benefits provided or required pursuant to any\nagreement with a labor union of which its employees are members, and the\ncorporation is hereby authorized retroactively or in the future to make\nsuch contributions as may be necessary to provide such benefits, and any\nand all payments heretofore made by the corporation in compliance with\nany such agreement shall be and hereby are ratified and confirmed.\n  (b) Notwithstanding paragraph three of subdivision b of section six\nhundred of the retirement and social security law, persons in the employ\nof the corporation on whose behalf the corporation has made or shall\nmake payments pursuant to paragraph (a) of this subdivision shall\nneither be required nor permitted to become members of the New York\nstate and local employees' retirement system for so long as such\npayments continue; provided, however, that nothing in this paragraph\nshall be deemed to affect the rights and privileges of persons in the\nemploy of the corporation who are enrolled members of the New York state\nand local employees' retirement system on the effective date of this\nsubdivision, and further, that this paragraph shall not affect the\nmembership of persons in the employ of the corporation who are enrolled\nmembers of the New York state and local employees' retirement system on\nthe effective date of this subdivision.\n
N.Y. ENV Law § 71-2728 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2728
Enforcement of title 27 of article 27 of this chapter
Status: in_force

§ 71-2728. Enforcement of title 27 of article 27 of this chapter.\n  1. Any person who knowingly or intentionally violates any provision of\nor fails to perform any duty imposed pursuant to title 27 of article 27\nof this chapter shall upon the first finding of such a violation be\nprovided with a warning that future violations shall result in the\nimposition of a fine. Any person convicted of a second violation shall\nbe liable for a civil penalty not to exceed one hundred dollars. Any\nperson convicted of a third or subsequent violation shall be liable for\na civil penalty not to exceed five hundred dollars.\n  2. Penalties under this section shall be assessed by the commissioner\nafter a hearing or opportunity to be heard pursuant to the provisions of\nsection 71-1709 of this article and, in addition thereto, any person\nfound to have violated title 27 of article 27 of this chapter may by\nsimilar process be enjoined from continuing such violation.\n  3. All civil penalties and fines collected for any violation of title\n27 of article 27 of this chapter shall be paid over to the commissioner\nfor deposit in the environmental protection fund established by section\nninety-two-s of the state finance law.\n
N.Y. PBA Law § 2592 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2592
Audit and annual report
Status: in_force

§ 2592. Audit and annual report. In conformity with the provisions of\nsection five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. The authority shall annually submit to the governor and the\nstate comptroller and to the chairperson of the senate finance committee\nand the chairperson of the assembly ways and means committee a detailed\nreport pursuant to the provisions of section two thousand eight hundred\nof this chapter, and a copy of such report shall be filed with the clerk\nof the county legislature and the county executive.\n
N.Y. ENV Law § 23-2722 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2722
Interstate mining compact
Status: in_force

§ 23-2722. Interstate mining compact.\n  The "interstate mining compact" is hereby enacted into law and entered\ninto by this state with all other states legally joining therein in the\nform substantially as follows:\n                      THE INTERSTATE MINING COMPACT\n                                ARTICLE I\n                          POLICIES AND PURPOSES\n  There is created the "interstate mining compact".\n  1.1 The party states find that:\n  (a) Mining and the contributions thereof to the economy and well-being\nof every state are of basic significance.\n  (b) The effects of mining on the availability of land, water and other\nresources for other uses present special problems which properly can be\napproached only with due consideration for the rights and interests of\nthose engaged in mining, those using or proposing to use these resources\nfor other purposes, and the public.\n  (c) Measures for the reduction of the adverse effects of mining on\nland, water and other resources may be costly and the devising of means\nto deal with them are of both public and private concern.\n  (d) Such variables as soil structure and composition, physiography,\nclimatic conditions, and the needs of the public make impracticable the\napplication to all mining areas of a single standard for the\nconservation, adaption, or restoration of mined land, or the development\nof mineral and other natural resources, but justifiable requirements of\nlaw and practice relating to the effects of mining on land, water, and\nother resources may be reduced in equity or effectiveness unless they\npertain similarly from state to state for all mining operations\nsimilarly situated.\n  (e) The states are in a position and have the responsibility to assure\nthat mining shall be conducted in accordance with sound conservation\nprinciples, and with due regard for local conditions.\n  1.2 The purposes of this compact are to:\n  (a) Advance the protection and restoration of land, water and other\nresources affected by mining.\n  (b) Assist in the reduction or elimination or counteracting of\npollution or deterioration of land, water and air attributable to\nmining.\n  (c) Encourage, with due recognition of relevant regional, physical,\nand other differences, programs in each of the party states which will\nachieve comparable results in protecting, conserving, and improving the\nusefulness of natural resources, to the end that the most desirable\nconduct of mining and related operations may be universally facilitated.\n  (d) Assist the party states in their efforts to facilitate the use of\nland and other resources affected by mining, so that such use may be\nconsistent with sound land use, public health, and public safety, and to\nthis end to study and recommend, wherever desirable, techniques for the\nimprovement, restoration or protection of such land and other resources.\n  (e) Assist in achieving and maintaining an efficient and productive\nmining industry and in increasing economic and other benefits\nattributable to mining.\n                               ARTICLE II\n                               DEFINITIONS\n  As used in this compact, unless the context clearly requires a\ndifferent construction:\n  2.1 "Mining" means the breaking of the surface soil in order to\nfacilitate or accomplish the extraction or removal of minerals, ores, or\nother solid matter, any activity or process constituting all or part of\na process for the extraction or removal of minerals, ores, and other\nsolid matter from its original location, and the preparation, washing,\ncleaning, or other treatment of minerals, ores, or other solid matter so\nas to make them suitable for commercial, industrial, or construction\nuse; but shall not include those aspects of deep mining not having\nsignificant effect on the surface, and shall not include excavation or\ngrading when conducted solely in aid of on site farming or construction.\n  2.2 "State" means a state of the United States, the District of\nColumbia, and the commonwealth of Puerto Rico, or a territory or\npossession of the United States.\n                               ARTICLE III\n                             THE COMMISSION\n  3.1 There is created the "interstate mining commission". The\ncommission consists of one voting member from each state. The governor\nof each party state shall notify the commission in writing of the member\nand any alternates. An alternate may act on behalf of the member only in\nthe member's absence. The method for selection and the expenses of each\ncommission member shall be the responsibility of the member's respective\nstate.\n  3.2 Each commission member is entitled to one vote. No action of the\ncommission is binding unless a majority of the total membership cast\ntheir votes in the affirmative.\n  3.3 The commission shall elect annually from among its members a\nchairperson. The commission shall adopt and publish, in convenient form,\nby-laws, and policies which are not inconsistent with this compact,\nincluding procedure in regard to notice, conduct and recording of\nmeetings; access by the public to records; provision of information to\nthe public; conduct of adjudicatory hearings; and issuance of decisions.\n  3.4 The commission shall meet at least once annually and shall also\nmeet upon the call of the chairperson or a commission member.\n  3.5 All meetings of the commission shall be open to the public with\nreasonable advance notice. The commission may, by majority vote, close a\nmeeting to the public for the purpose of considering sensitive personnel\nor legal strategy matters; however, all commission actions and decisions\nshall be made in open meetings and appropriately recorded.\n  3.6 The commission may establish advisory committees for the purpose\nof advising the commission on any matters pertaining to mining.\n  3.7 The office of the commission shall be in a party state. The\ncommission may appoint or contract for and compensate such limited staff\nnecessary to carry out its duties and functions. The staff shall serve\nat the commission's pleasure with the exception that staff hired as the\nresult of securing federal funds shall be hired and governed under\napplicable federal statutes and regulations. In selecting any staff, the\ncommission shall assure that the staff has adequate experience and\nformal training to carry out the functions assigned to it by the\ncommission.\n  3.8 The commission shall:\n  (a) Receive and act on the petition of a non-party state to become an\neligible state.\n  (b) Submit an annual report to, and otherwise communicate with, the\ngovernors and the appropriate officers of the legislative bodies of the\ncommission.\n  (c) Hear, negotiate, and, as necessary, resolve by final decision\ndisputes which may arise between the party states regarding this\ncompact.\n                               ARTICLE IV\n                                 BUDGET\n  4.1 The commission shall submit to each party state a budget of its\nestimated expenditures for such period as may be required by the laws of\nthat party state for presentation to the legislature thereof.\n  4.2 Each of the commission's budgets of estimated expenditures shall\ncontain specific recommendations of the amount or amounts to be\nappropriated by each of the party states. The total amount of\nappropriations requested under any such budget shall be apportioned\namong the party states as follows: one-half in equal shares, and the\nremainder in proportion to the value of minerals, ores, and other solid\nmatter mined. In determining such values, the commission shall employ\nsuch available public source or sources of information as, in its\njudgment, present the most equitable and accurate comparisons among the\nparty states. Each of the commission's budgets of estimated expenditures\nand requests for appropriations shall indicate the source or sources\nused in obtaining information concerning value of minerals, ores, and\nother solid matter mined.\n  4.3 The commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the commission shall be\nsubject to the audit and accounting procedures established under its\nby-laws. All receipts and disbursements of funds handled by the\ncommission shall be audited yearly by a qualified public accountant and\nthe report of the audit shall be included in and become part of the\nannual report of the commission.\n  4.4 The commission may accept for any of its purposes and functions\nand may utilize and dispose of any donations, grants of money,\nequipment, supplies, materials and services from any state or the United\nStates (or any subdivision or agency thereof), or interstate agency, or\nfrom any institution, person, firm or corporation. The nature, amount\nand condition, if any, attendant upon any donation or grant accepted or\nreceived by the commission, together with the identity of the donor,\ngrantor or lender, shall be detailed in the annual report of the\ncommission.\n  4.5 The commission is a legal entity separate and distinct from the\nparty states and is liable for its actions as a separate and distinct\nlegal entity. Liabilities of the commission are not liabilities of the\nparty state. Members of the commission are not personally liable for\nactions taken by them in their official capacity.\n  (a) Nothing in this compact alters liability for any act, omission,\ncourse of conduct or liability resulting from any casual or other\nrelationships.\n  (b) Any person aggrieved by a final decision of the commission may\nobtain judicial review of such decision in any court of jurisdiction by\nfiling in such court a petition for review within sixty days after the\ncommission's final decision.\n                                ARTICLE V\n                                 POWERS\n  5.1 In addition to any other powers conferred upon the interstate\nmining commission, such commission shall have power to:\n  (a) Study mining operations, processes and techniques for the purpose\nof gaining knowledge concerning the effects of such operation, processes\nand techniques on land, soil, water, air, plant and animal life,\nrecreation, and patterns of community or regional development or change.\n  (b) Study the conservation, adaption, improvement and restoration of\nland and related resources affected by mining.\n  (c) Make recommendations concerning any aspect or aspects of law or\npractice and governmental administration dealing with matters within the\npurview of this compact.\n  (d) Gather and disseminate information relating to any of the matters\nwithin the purview of this compact.\n  (e) Cooperate with the federal government and any public or private\nentities having interest in any subject coming within the purview of\nthis compact.\n  (f) Consult, upon the request of a party state and within resources\navailable therefor, with the officials of such state in respect to any\nproblems within the purview of this compact.\n  (g) Study and make recommendations with respect to any practice,\nprocess, techniques, or course of action that may improve the efficiency\nof mining or the economic yield from mining operations.\n  (h) Study and make recommendations relating to the safeguarding of\naccess to resources which are or may become the subject of mining\noperations to the end that the needs of the economy for the products of\nmining may not be adversely affected by unplanned or inappropriate use\nof land and other resources containing minerals or otherwise connected\nwith actual or potential mining sites.\n                               ARTICLE VI\n                             STATE PROGRAMS\n  6.1 Each party state agrees that within a reasonable time, it will\nformulate and establish an effective program for the conservation and\nuse of mined land, by the establishment of standards, enactment of laws,\nor the continuing of the same in force, to accomplish:\n  (a) The protection of the public and the protection of adjoining, and\nother, landowners from damage to their lands and the structures and\nother property thereon resulting from the conduct of mining operations\nor the abandonment or neglect of land and property formerly used in the\nconduct of such operations.\n  (b) The conduct of mining and the handling of refuse and other mining\nwastes in ways that will reduce adverse effects on the economic,\nresidential, recreational or aesthetic value and utility of land and\nwater.\n  (c) The institution and maintenance of suitable programs of adaption,\nrestoration, and rehabilitation of mined lands.\n  (d) The prevention, abatement and control of water, air and soil\npollution resulting from mining, present, past and future.\n                               ARTICLE VII\n                     ENTRY INTO FORCE AND WITHDRAWAL\n  7.1 This compact shall enter into force when enacted into law by any\nfour or more states. Thereafter, this compact shall become effective as\nto any other state upon its enactment thereof.\n  7.2 Any party state may withdraw from this compact by enacting a\nstatute repealing the same, but no such withdrawal shall take effect\nuntil one year after the withdrawing party state has given notice in\nwriting of the withdrawal to all other party states. No withdrawal shall\naffect any liability already incurred by or chargeable to a party state\nprior to the time of such withdrawal.\n                              ARTICLE VIII\n                          EFFECT ON OTHER LAWS\n  8.1 Nothing within this compact shall be construed to limit, repeal or\nsupersede any other law of any party state.\n                               ARTICLE IX\n                      SEVERABILITY AND CONSTRUCTION\n  9.1 The provisions of this compact shall be severable and if any\nphrase, clause, sentence or provision of this compact is declared by a\ncourt of competent jurisdiction to be contrary to the constitution of\nany participating state or of the United States or the applicability\nthereof to any government, agency, person or circumstance is held\ninvalid, the validity of the remainder of this compact and the\napplicability thereof to any government, agency, person or circumstance\nshall not be affected thereby. If any provision of this compact shall be\nheld contrary to the constitution of any state participating therein,\nthe compact shall remain in full force and effect as to the state\naffected as to all severable matters.\n  9.2 The governor shall appoint one member and one alternate member to\nrepresent New York's interests on the interstate mining commission.\n
N.Y. PBA Law § 2586 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2586
Bonds legal investment for fiduciaries
Status: in_force

§ 2586. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand 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 are also hereby made securities which may\nbe deposited with and may be received by all public officers and bodies\nof the state and all municipalities for any purposes for which the\ndeposit of bonds or other obligations of this state are now or hereafter\nmay be authorized.\n
N.Y. ENV Law § 23-2703 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2703
Declaration of policy
Status: in_force

§ 23-2703. Declaration of policy.\n  1. The legislature hereby declares that it is the policy of this state\nto foster and encourage the development of an economically sound and\nstable mining industry, and the orderly development of domestic mineral\nresources and reserves necessary to assure satisfaction of economic\nneeds compatible with sound environmental management practices. The\nlegislature further declares it to be the policy of this state to\nprovide for the management and planning for the use of these\nnon-renewable natural resources and to provide, in conjunction with such\nmining operations, for reclamation of affected lands; to encourage\nproductive use including but not restricted to the planting of forests,\nthe planting of crops for harvest, the seeding of grass and legumes for\ngrazing purposes, the protection and enhancement of wildlife and aquatic\nresources, the establishment of recreational, home, commercial, and\nindustrial sites; to provide for the conservation, development,\nutilization, management and appropriate use of all the natural resources\nof such areas for compatible multiple purposes; to prevent pollution; to\nprotect and perpetuate the taxable value of property; to protect the\nhealth, safety and general welfare of the people, as well as the natural\nbeauty and aesthetic values in the affected areas of the state.\n  2. For the purposes stated herein, this title shall supersede all\nother state and local laws relating to the extractive mining industry;\nprovided, however, that nothing in this title shall be construed to\nprevent any local government from:\n  a. enacting or enforcing local laws or ordinances of general\napplicability, except that such local laws or ordinances shall not\nregulate mining and/or reclamation activities regulated by state\nstatute, regulation, or permit; or\n  b. enacting or enforcing local zoning ordinances or laws which\ndetermine permissible uses in zoning districts. Where mining is\ndesignated a permissible use in a zoning district and allowed by special\nuse permit, conditions placed on such special use permits shall be\nlimited to the following:\n  (i) ingress and egress to public thoroughfares controlled by the local\ngovernment;\n  (ii) routing of mineral transport vehicles on roads controlled by the\nlocal government;\n  (iii) requirements and conditions as specified in the permit issued by\nthe department under this title concerning setback from property\nboundaries and public thoroughfare rights-of-way natural or man-made\nbarriers to restrict access, if required, dust control and hours of\noperation, when such requirements and conditions are established\npursuant to subdivision three of section 23-2711 of this title;\n  (iv) enforcement of reclamation requirements contained in mined land\nreclamation permits issued by the state; or\n  c. enacting or enforcing local laws or ordinances regulating mining or\nthe reclamation of mines not required to be permitted by the state; or\n  d. enacting or enforcing local laws or ordinances requiring the\nmonitoring of groundwater impacts resulting from mining or the\nreclamation of mines within counties with a population of one million or\nmore which draw their primary source of drinking water for a majority of\ncounty residents from a designated sole source aquifer.\n  3. No agency of this state shall consider an application for a permit\nto mine as complete or process such application for a permit to mine\npursuant to this title, within counties with a population of one million\nor more which draw their primary source of drinking water for a majority\nof county residents from a designated sole source aquifer, if local\nzoning laws or ordinances prohibit mining uses within the area proposed\nto be mined.\n
N.Y. ENV Law § 15-2717 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2717
Cooperation with the federal government
Status: in_force

§ 15-2717. Cooperation with the federal government.\n  Nothing in this title shall preclude a section of the state wild,\nscenic and recreational rivers system from becoming a part of the\nnational wild and scenic rivers system. The commissioner and the agency\nare directed to encourage and assist any federal studies for inclusion\nof New York State rivers in the national wild and scenic rivers system.\n
N.Y. PBA Law § 2570 — New York Code / Act PBA / Article 8 / Title 27 / Section 2570
Actions
Status: in_force

§ 2570. Actions. A notice of claim, served in accordance with the\nprovisions of section fifty-e of the general municipal law, shall be a\ncondition precedent to the commencement of an action against the\ncorporation, its directors, officers, employees or agents. No such\naction shall be commenced more than one year and ninety days after it\nhas accrued, except that an action against the corporation for wrongful\ndeath shall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n
N.Y. PBA Law § 2591 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2591
Contracts
Status: in_force

§ 2591. Contracts. 1. Construction contracts let by the authority\nshall be in conformity with the applicable provisions of section one\nhundred thirty-five of the state finance law.\n  2. The authority may, in its discretion, assign contracts for\nsupervision and coordination to the successful bidder for any\nsubdivision of work for which the authority receives bids. Any\nconstruction contract awarded by the authority shall contain such other\nterms and conditions as the authority may deem desirable. The authority\nshall not award any construction contract except to the lowest bidder\nwho, in its opinion, is qualified to perform the work required and who\nis responsible and reliable. The authority may, however, reject any or\nall bids or waive any informality in a bid if it believes that the\npublic interest will be promoted thereby. The authority may reject any\nbid, if, in its judgment, the business and technical organization,\nplant, resources, financial standing, or experience of the bidder\njustifies such rejection in view of the work to be performed.\n  3. All contracts or leases for the construction, reconstruction,\nrehabilitation or improvement of buildings let by the authority shall\ncomply with the provisions of section two hundred twenty of the labor\nlaw.\n  4. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and all contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n  5. If after consideration, the authority determines acting within its\ndiscretion and proprietary capacity that given the purpose of any\nproject and the impact of delay, the possibility of cost savings\nadvantages, and the local history of labor unrest, if any, its interest\nin obtaining the best work at the lowest possible price and preventing\nfavoritism, fraud and corruption are best met by requiring a project\nlabor agreement as an incident of any contract let by the authority\nregarding any project, it may require such a project labor agreement.\n
N.Y. ENV Law § 71-2714 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2714
Endangering public health, safety or the environment in the first degree
Status: in_force

§ 71-2714. Endangering public health, safety or the environment in the\n             first degree.\n  A person is guilty of endangering public health, safety or the\nenvironment in the first degree when:\n  1. He intentionally engages in conduct which causes the release of a\nsubstance acutely hazardous to public health, safety or the environment\nor the release of a substance which at the time of the conduct he knows\nto meet any of the criteria set forth in paragraph (b) of subdivision\none of section 37-0103 of this chapter when he is aware that such\nconduct creates a substantial risk of serious physical injury to any\nperson who is not a participant in the crime; or\n  2. He or she knowingly engages in conduct which causes the release of\na substance acutely hazardous to public health, safety or the\nenvironment or the release of a substance which at the time of the\nconduct he or she knows to meet any of the criteria set forth in\nparagraph (b) of subdivision one of section 37-0103 of this chapter and\nsuch release causes physical injury to any person who is not a\nparticipant in the crime;\n  3. With intent to dispose of an acutely hazardous substance, he or she\nintentionally engages in conduct that causes the unlawful disposal or\nrelease of an acutely hazardous substance on any property.\n  Endangering public health, safety or the environment in the first\ndegree is a class C felony.\n
N.Y. PBA Law § 2584 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2584
State and county not liable on authority bonds
Status: in_force

§ 2584. State and county not liable on authority bonds.  Neither the\nstate nor the county shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state nor the county and such\nbonds shall contain on the face thereof a statement to such effect.\n
N.Y. ENV Law § 71-2726 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2726
Payment of rewards for aid in apprehension and conviction of persons guilty of felony or misdemeanor
Status: in_force

§ 71-2726. Payment of rewards for aid in apprehension and conviction of\n             persons guilty of felony or misdemeanor.\n  The commissioner is authorized to offer and pay rewards of not more\nthan twenty-five thousand dollars for information which leads to the\ndetection, arrest and conviction of a person guilty of felony or\nmisdemeanor pursuant to the provisions of this title; provided, however,\nthat no police officer, as that term is defined under subdivision\nthirty-four of section 1.20 of the criminal procedure law, peace\nofficer, as that term is defined in section 2.10 of the criminal\nprocedure law, or any other authorized law enforcement officer or\nofficial shall be entitled, directly or indirectly, to collect or\nreceive any such reward or part thereof.\n
N.Y. PBA Law § 2561 — New York Code / Act PBA / Article 8 / Title 27 / Section 2561
Legislative findings and declarations
Status: in_force

§ 2561. Legislative findings and declarations. It is hereby found and\ndeclared that existing facilities in the city for conventions, trade\nexhibitions and public shows including services for the operation and\nmaintenance thereof are inadequate; that construction and operation of a\nconvention center to adequately accommodate these activities would\ngenerate new business and employment opportunities, increase the number\nof public facilities, provide new sources of tax revenue and promote\norderly redevelopment in the vicinity of the convention center, all of\nwhich would serve the interests of the city and state.\n  It is further found and declared that the area in New York county\ngenerally bounded by thirty-ninth street on the north, thirtieth street\non the south, eleventh avenue on the east and twelfth avenue on the west\nis an area characterized by deteriorated industrial and commercial\nstructures, uncoordinated and incompatible commercial uses, inadequate\npublic facilities and unsanitary and substandard conditions, all of\nwhich are detrimental to the economic and social well-being of residents\nof the city and state and that the location and operation of a\nconvention center in such area will serve as a catalyst for\nredevelopment and a rejuvenation of civic pride and accomplishment.\n  It is further found and declared that the convention center will\nprovide significant economic and social benefits to the city, state and\nregion, and that, consistent with social, economic, environmental and\nother essential considerations of state policy, locating the convention\ncenter in the area generally bounded by thirty-ninth street on the\nnorth, thirtieth street on the south, eleventh avenue on the east and\ntwelfth avenue on the west is in the public interest, considering the\nconvenience and accessibility of location, the elimination of unsanitary\nand substandard conditions, the nature and economic characteristics of\nvarious other sites considered and the immediacy of the needs of the\npeople of the state for the realization of the significant economic and\nsocial benefits to be derived from the convention center.\n  Therefore, it is hereby found and declared that it is in the public\ninterest to create a public benefit corporation for the purposes of\noperating and maintaining a convention and exhibition center and to vest\nsuch powers in such corporation as are necessary or convenient to\neffectuate these functions, and that the exercise of the rights and\npowers herein authorized shall serve a public purpose.\n
N.Y. ENV Law § 15-2711 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2711
Establishing boundaries
Status: in_force

§ 15-2711. Establishing boundaries.\n  The commissioner shall, within one year after a river has been\nincluded in the state wild, scenic and recreational rivers system,\nestablish detailed boundaries of the river area associated with that\nriver, except that in the case of river areas within the Adirondack park\nsaid boundaries shall be mutually agreed upon by the commissioner and\nthe agency. Said boundaries shall not exceed a width of one-half mile\nfrom each bank thereof.\n
N.Y. PBA Law § 2593 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2593
Defense and indemnification
Status: in_force

§ 2593. Defense and indemnification. The authority shall not execute\nany of its powers, except as necessary to commence its corporate\nexistence, until it has elected to make the provision of section\neighteen of the public officers law applicable to its employees (as such\nterm is defined in section eighteen of the public officers law) pursuant\nto subdivision two of such section; provided, however, that nothing\ncontained within this section shall be deemed to permit the authority to\nextend the provisions of section eighteen of the public officers law\nupon any independent contractor.\n
N.Y. ENV Law § 15-2705 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2705
Jurisdiction of the commissioner and the Adirondack park agency
Status: in_force

§ 15-2705. Jurisdiction of the commissioner and the Adirondack park\n             agency.\n  Notwithstanding provisions of any other general or special law, the\nfunctions, powers and duties encompassed by this section shall be vested\nin the Adirondack park agency as to any privately owned part of a river\narea within the Adirondack park as defined by law which may become part\nof the system; however, the commissioner shall have exclusive\njurisdiction over all other river areas in the state and of all parts of\nriver areas owned by the state located within the Adirondack park which\nmay become part of the system. This section shall not be construed to\ndivest the commissioner from the exercise of functions, powers and\nduties which have not been delegated by law to the agency. If the\ncommissioner or the agency shall conduct any studies, proceedings or\nactivities under this section or otherwise which affect or may affect\nriver areas, any part of which are within the Adirondack park, they\nshall consult and cooperate to carry out the purposes of this title.\n
N.Y. ENV Law § 71-2720 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2720
Exemption
Status: in_force

§ 71-2720. Exemption.\n  1. For activities requiring a New York state or federal license,\npermit or certificate or which are subject to an order of the\ncommissioner or the administrator of the federal environmental\nprotection agency, the provisions of sections 71-2707 through 71-2714 of\nthis chapter shall not apply to persons who possess and whose conduct is\nsubject to and in compliance with such a valid license, permit,\ncertificate or order or to persons whose conduct has been granted\ninterim status pursuant to the federal solid waste disposal act as\namended by the resource conservation and recovery act of 1976 (42 U.S.C.\nsec. 6901 et seq.) or pursuant to article 27 of this chapter or the\nrules and regulations promulgated thereunder.\n  2. In addition, no person who meets the requirements for an exemption\nfrom a New York state or federal license, permit, certificate or order\nshall be deemed in violation of sections 71-2707 through 71-2714 for\nengaging in conduct which would otherwise require such a license,\npermit, certificate or order.\n  3. No officer or employee of a municipal corporation shall be deemed\nin violation of sections 71-2707 through 71-2714 of this chapter if the\npossession or release was caused by such officer or employee pursuant to\nthe reasonable exercise of his or her official powers, duties or\nfunctions on behalf of such corporation.\n
N.Y. PBA Law § 2598 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2598
Effect of inconsistent provisions
Status: in_force

§ 2598. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of the county or city charter or any local law,\ncharter, ordinance or resolution of any other municipality, the\nprovisions of this title shall be controlling. Nothing contained in this\nsection shall be held to supplement or otherwise expand the powers or\nduties of the authority otherwise set forth in this title. Except as\nspecifically provided for in this title, in the performance of any of\nits functions, powers and duties, the authority shall be subject to all\napplicable general or special laws of the state, the county charter, and\nany local law, ordinance or resolution of the county.\n
N.Y. ENV Law § 23-2723 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2723
Severability
Status: in_force

§ 23-2723. Severability.\n  The provisions of this title shall be severable and if any phrase,\nclause, sentence or provision of this title, or the applicability\nthereof to any person or circumstance shall be held invalid, the\nremainder of this title and the application thereof shall not be\naffected thereby.\n
N.Y. ENV Law § 71-2711 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2711
Endangering public health, safety or the environment in the fourth degree
Status: in_force

§ 71-2711. Endangering public health, safety or the environment in the\n             fourth degree.\n  A  person  is  guilty  of  endangering  public  health,  safety or the\nenvironment in the fourth degree when:\n  1. With criminal negligence, he engages in conduct which causes the\nrelease of a substance acutely hazardous to public health, safety or the\nenvironment; or\n  2. With criminal negligence, he engages in conduct which causes the\nrelease of more than one hundred gallons or one thousand pounds,\nwhichever is less, of an aggregate weight or volume of a substance\nhazardous to public health, safety or the environment; or\n  3. He knowingly or recklessly engages in conduct which causes the\nrelease of a substance hazardous to public health, safety or the\nenvironment.\n  Endangering public health, safety or the environment in the fourth\ndegree is a class A misdemeanor.\n
N.Y. PBA Law § 2568 — New York Code / Act PBA / Article 8 / Title 27 / Section 2568
Exemption from taxation
Status: in_force

§ 2568. Exemption from taxation. It is hereby found, determined and\ndeclared that the creation of the corporation and the carrying out of\nits purposes is in all respects for the benefit of the people of the\nstate and is a public purpose, and that the corporation will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. The corporation and its\noperations, property and moneys shall be free and exempt from taxation\nof every kind by the city and the state and any subdivision thereof.\nExcept as hereinabove provided and except as may otherwise specifically\nbe provided, nothing contained in this title shall confer exemption from\nany tax, assessment or fee upon any person, firm, corporation or other\nentity, or upon the obligations of any of them.\n
N.Y. PBA Law § 2583 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2583
Remedies of bondholders
Status: in_force

§ 2583. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the Monroe county clerk\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose 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 outstanding,\nshall in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\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. 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  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. 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 the holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n
N.Y. ENV Law § 71-2721 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2721
Enforcement of Article 27 and this title
Status: in_force

§ 71-2721. Enforcement of Article 27 and this title.\n  1. When a person is convicted of a crime under the provisions of this\ntitle, the sentence of the court shall be as follows:\n  (a) A fine, as set forth in subdivision two of this section;\n  (b) Following a hearing in accordance with the procedures set forth in\nsection 71-2723 of this chapter, payment of the cost of legally\ndisposing of the hazardous waste unlawfully possessed and restoring to\nits original state the area where substances were released unlawfully in\nviolation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and\n71-2714 of this chapter;\n  (c) Any other sentence authorized by law, including imprisonment; or\n  (d) Any combination of such fine, payment of the cost of disposal and\nrestoration, and any other sentence authorized by law, including\nimprisonment.\n  2. Fines. A sentence to pay a fine shall be a sentence to pay an\namount fixed by the court, not exceeding the higher of:\n  (a) Three hundred thousand dollars for a class C felony;\n  (b) Two hundred twenty-five thousand dollars for a class D felony;\n  (c) One hundred fifty thousand dollars for a class E felony;\n  (d) Thirty-seven thousand five hundred dollars for a class A\nmisdemeanor;\n  (e) Fifteen thousand dollars for a class B misdemeanor; or\n  (f) Double the amount of the defendant's gain from the commission of\nthe crime.\n
N.Y. ENV Law § 15-2707 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2707
Classes of river areas includable in system, criteria; management objectives
Status: in_force

§ 15-2707. Classes of river areas includable in system, criteria;\n             management objectives.\n  1. The following types of river areas are eligible for inclusion in\nthe system. All state agencies are hereby directed to pursue policies\nwith respect to their respective activities, functions, powers and\nduties which are designated to enhance the conditions of designated\nrivers in accordance with the criteria set forth for such rivers in this\nsection.\n  2. All rivers in the system shall be relatively free of pollution and\nthe water quality thereof of a standard sufficiently high to meet the\nprimary management purposes enumerated herein.\n  a. Wild river. Those rivers or sections of rivers that are free of\ndiversions and impoundments, inaccessible to the general public except\nby water, foot or horse trail, and with river areas primitive and\nundeveloped in nature and with development, if any, limited to forest\nmanagement and foot bridges.\n  (1) The minimum length of any one section shall be five miles.\n  (2) In general, the minimum distance from the river shore to a public\nhighway or a private road open to the public for motor vehicle use,\nshall be one-half mile except where a physical barrier exists which\neffectively screens the sight and sound of motor vehicles.\n  (3) Management of wild river areas shall be directed at perpetuating\nthem in a wild condition as defined herein.\n  b. Scenic river. Those rivers, or sections of rivers, that are free of\ndiversions or impoundments except for log dams, with limited road access\nand with river areas largely primitive and largely undeveloped or which\nare partially or predominantly used for agriculture, forest management\nand other dispersed human activities which do not substantially\ninterfere with public use and enjoyment of the rivers and their shores.\n  (1) There shall be no minimum length of any one section.\n  (2) Management of scenic river areas shall be directed at preserving\nand restoring the natural scenic qualities of such rivers.\n  c. Recreational river. Those rivers, or sections of rivers, that are\nreadily accessible by road or railroad, that may have development in\ntheir river area and that may have undergone some impoundment or\ndiversion in the past.\n  (1) There shall be no minimum length of any one section.\n  (2) Management shall be directed at preserving and restoring the\nnatural scenic and recreational qualities of such river areas.\n  d. Exceptions. Limited existing exceptions to the criteria for all\nthree classes of rivers will not automatically exclude rivers from\ndesignation. Rather, the river area shall be examined as a whole with\nits overall worthiness for inclusion being the deciding factor.\n
N.Y. ENV Law § 23-2713 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2713
Mined land-use plan
Status: in_force

§ 23-2713. Mined land-use plan.\n  1. All mining and reclamation activities on the affected land shall be\nconducted in accordance with an approved mined land-use plan. The\napproved mined land-use plan shall consist of both a mining and a\nreclamation plan, and any other information which the department deems\nnecessary in order to achieve the purposes of this title.\n  (a) The mining plan shall consist of a written and graphic description\nof the proposed mining operation, including the boundaries of the land\ncontrolled by the applicant, the outline of potential affected acreage\nand the general sequence of areas to be mined through successive permit\nterms. The graphic description shall include the location of the mine\nand shall identify the land affected by mining after April first,\nnineteen hundred seventy-five, including but not limited to areas of\nexcavation; areas of overburden, tailings, and spoil; areas of topsoil\nand mineral stock piles; processing plant areas; haulageways; shipping\nand storage areas; drainage features and water impoundments. The written\ndescription of the plan shall include the applicant's mining method and\nmeasures to be taken to minimize adverse environmental impacts resulting\nfrom the mining operation.\n  (b) The reclamation plan shall consist of a graphic and written\ndescription of the proposed reclamation. The graphic description shall\ninclude maps and cross sections which illustrate the final physical\nstate of the reclaimed land. The written description of the plan shall\ndescribe the manner in which the affected land is to be reclaimed, and a\nschedule for performing such reclamation.\n  (c) A draft environmental impact statement prepared pursuant to\narticle eight of this chapter may be submitted in lieu of a mined\nland-use plan if the department determines that it conforms to the\nrequirements of this section and the rules and regulations promulgated\npursuant thereto.\n  (d) The department may, after notice and an opportunity for a hearing,\nimpose a reclamation plan in the absence of an approved reclamation plan\nor upon a finding of noncompliance with or failure of an approved\nreclamation plan.\n  2. The reclamation of all affected land shall be completed in\naccordance with the schedule contained in the approved mined land-use\nplan pertaining thereto. The schedule, where possible, shall provide for\norderly, continuing reclamation concurrent with mining. The permittee\nshall submit to the department a notice of termination of mining within\nthirty days after such termination. Reclamation of the affected land\nshall be completed within a two year period after mining is terminated,\nas determined by the department, unless the department deems it in the\nbest interest of the people of the state to allow a longer period for\nreclamation. The permittee shall submit to the department a notice of\ncompletion of reclamation within thirty days of such completion. If the\ndepartment fails to approve or disapprove the adequacy of reclamation\nwithin ninety days after receipt of the notice of completion of\nreclamation, the permittee may notify the department of such failure by\nmeans of certified mail return receipt requested addressed to the\ncommissioner. If within thirty days after receipt of such notice, the\ndepartment fails to mail a decision, the permittee shall be relieved of\nthe obligation to maintain financial security in respect to reclamation;\nprovided, however, nothing herein shall relieve the permittee of the\nobligation to accomplish adequate reclamation. The permittee shall file\nperiodic reports at such times as the department shall require,\nindicating areas for which reclamation has been completed. The\ndepartment shall inspect such areas and notify the permittee whether the\nreclamation is in accordance with the approved plan or whether there are\ndeficiencies that must be corrected.\n
N.Y. ENV Law § 23-2711 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2711
Permits
Status: in_force

§ 23-2711. Permits.\n  1. After September first, nineteen hundred ninety-one, any person who\nmines or proposes to mine from each mine site more than one thousand\ntons or seven hundred fifty cubic yards, whichever is less, of minerals\nfrom the earth within twelve successive calendar months or who mines or\nproposes to mine over one hundred cubic yards of minerals from or\nadjacent to any body of water not subject to the jurisdiction of article\nfifteen of this chapter or to the public lands law shall not engage in\nsuch mining unless a permit for such mining operation has been obtained\nfrom the department. A separate permit shall be obtained for each mine\nsite.\n  2. Applications for permits may be submitted for annual terms not to\nexceed five years. A complete application for a new mining permit shall\ncontain the following:\n  (a) completed application forms;\n  (b) a mined land-use plan;\n  (c) a statement by the applicant that mining is not prohibited at that\nlocation; and\n  (d) such additional information as the department may require.\n  3. Upon receipt of a complete application for a mining permit, for a\nproperty not previously permitted pursuant to this title, a notice shall\nbe sent by the department, by certified mail, to the chief\nadministrative officer of the political subdivision in which the\nproposed mine is to be located (hereafter, "local government"). Such\nnotice will be accompanied by copies of all documents which comprise the\ncomplete application and shall state whether the application is a major\nproject or a minor project as described in article seventy of this\nchapter.\n  (a) The chief administrative officer may make a determination, and\nnotify the department and applicant, in regard to:\n  (i) appropriate setbacks from property boundaries or public\nthoroughfare rights-of-way,\n  (ii) manmade or natural barriers designed to restrict access if\nneeded, and, if affirmative, the type, length, height and location\nthereof,\n  (iii) the control of dust,\n  (iv) hours of operation, and\n  (v) whether mining is prohibited at that location.\n  Any determination made by a local government hereunder shall be\naccompanied by supporting documentation justifying the particular\ndeterminations on an individual basis. The chief administrative officer\nmust provide any determinations, notices and supporting documents\naccording to the following schedule:\n  (i) within thirty days after receipt for a major project,\n  (ii) within thirty days after receipt for a minor project.\n  (b) If the department finds that the determinations made by the local\ngovernment pursuant to paragraph (a) of this subdivision are reasonable\nand necessary, the department shall incorporate these into the permit,\nif one is issued. If the department does not agree that the\ndeterminations are justifiable, then the department shall provide a\nwritten statement to the local government and the applicant, as to the\nreason or reasons why the whole or a part of any of the determinations\nwas not incorporated.\n  (c) A proposed mine of five acres or greater total acreage, regardless\nof length of the mining period, shall be a major project. The department\nshall, by regulation, provide a minimum thirty day public comment period\non all permit applications for mined land reclamation permits classified\nas major projects.\n  4. Upon approval of the application by the department and receipt of\nfinancial security as provided in section 23-2715 of this title, a\npermit shall be issued by the department. Upon issuance of a permit by\nthe department, the department shall forward a copy thereof by certified\nmail, to the chief executive officer of the county, town, village, or\ncity in which the mining operation is located. The department may\ninclude in permits such conditions as may be required to achieve the\npurposes of this title.\n  5. A permit issued pursuant to this title or a certified copy thereof,\nmust be publicly displayed by the permittee at the mine and must at all\ntimes be visible, legible, and protected from the elements.\n  6. The department may suspend or revoke a permit to mine for repeated\nor willful violation of any of the terms of the permit or provisions of\nthis title or for repeated or willful deviation from those descriptions\ncontained in the mined land-use plan. The department may refuse to renew\na permit upon a finding that the permittee is in repeated or willful\nviolation of any of the terms of the permit, this title or any rule,\nregulation, standard, or condition promulgated thereto.\n  7. Nothing in this title shall be construed as exempting any person\nfrom the provisions of any other law or regulation not otherwise\nsuperseded by this title.\n  8. Notwithstanding any other provision of law, counties, cities, towns\nand villages shall be exempted from the fees for the permit,\napplication, amendment and renewal required by this article.\n  9. Counties, cities, towns and villages shall not be required to\nobtain a permit if such county, city, town or village mines or proposes\nto mine from any mine site less than one thousand tons or seven hundred\nfifty cubic yards, whichever is less, of minerals from the earth within\ntwelve successive calendar months and which does not require a permit\npursuant to title five of article fifteen of this chapter.\n  10. The applicant, permittee or, in the event no application has been\nmade or permit issued, the person engaged in mining shall have the\nprimary obligation to comply with the provisions of this title as well\nas the conditions of any permit issued thereunder.\n  11. Permits issued pursuant to this title shall be renewable.  A\ncomplete application for renewal shall contain the following:\n  (a) completed application forms;\n  (b) an updated mining plan map consistent with paragraph (a) of\nsubdivision one of section 23-2713 of this title and including an\nidentification of the area to be mined during the proposed permit term;\n  (c) a description of any changes to the mined land-use plan; and\n  (d) an identification of reclamation accomplished during the existing\npermit term.\n  12. The procedure for transfer of a permit issued pursuant to this\ntitle is the procedure for permit modification pursuant to article\nseventy of this chapter.\n  12-a. (a) Notwithstanding any provision of this section to the\ncontrary, any person who engages in or proposes to engage in bluestone\nmining exploration shall not commence such exploration unless a written\nauthorization for such exploration has been obtained from the\ndepartment. The department may grant an authorization for bluestone\nmining exploration for a period of at least one hundred eighty days and\nnot to exceed one year where the land affected by mining will not exceed\none acre, and is not adjacent to any body of water. Bluestone to be\nremoved from the site may not exceed five hundred tons in twelve\nsuccessive calendar months and any overburden shall remain on the one\nacre site at all times. As used in this subdivision, the term\n"bluestone" means quartz/feldspathic sandstone of Devonian age, which is\neasily separated along bedding planes.\n  (b) Only persons with five or fewer employees shall be eligible to\napply for an authorization for bluestone mining exploration, provided,\nhowever that a small business shall be eligible to apply on behalf of\nsuch a person. A person may possess no more than five authorizations for\nbluestone mining exploration at any one time, and no such authorizations\nshall be for adjacent sites. As used in this paragraph, "small business"\nmeans any business which is resident in this state, independently owned\nand operated, not dominant in its field, and employing not more than one\nhundred individuals.\n  (c) An application for authorization must be submitted on a form\nprescribed by the department at least forty-five days before exploration\nand removal of bluestone is expected to commence. The requirements of\nsuch application shall include, but not be limited to, a description of\nthe proposed activity, a map showing the area to be affected by mining,\nwith the location of the one acre site on which mining activities are\nproposed and a statement that such mining activities conform with local\nzoning, copies of any local permits, and measures to control erosion of\nsediment and prevent contamination of groundwater or adverse impacts to\naquifers. Upon receipt of a complete application for bluestone mining\nexploration authorization, for a property not previously authorized\npursuant to this subdivision, a notice shall be sent by the department,\nby certified mail, to the chief administrative officer of the political\nsubdivision in which the proposed bluestone mine is to be located. Such\nnotice shall be accompanied by copies of all documents which comprise\nthe complete application. The chief administrative officer may make a\ndetermination within thirty days after receipt accompanied by supporting\ndocumentation justifying the particular determinations on an individual\nbasis pursuant to subparagraphs (i), (ii), (iii), (iv) and (v) of\nparagraph a of subdivision three of this section.\n  (d) An authorization for bluestone mining exploration issued pursuant\nto this subdivision must be publicly displayed by the holder at the one\nacre site and must at all times be visible, legible and protected from\nthe elements.\n  (e) The person engaged in bluestone mining exploration shall complete\nreclamation, in accordance with requirements set forth by the\ndepartment, no later than one year from the date of authorization by the\ndepartment unless the person engaged in mining obtains a renewal of the\nauthorization or a permit pursuant to this title. An authorization\nissued pursuant to this section may be renewed for an additional one\nyear term upon application to the department at least thirty days prior\nto the expiration of the authorization. The total authorization period\nshall not exceed two years. Before the department may issue a bluestone\nmining exploration authorization, the applicant shall furnish acceptable\nfinancial security. Department review of acceptable financial security\nshall be governed by the provisions set forth in section 23-2715 of this\ntitle and the regulations promulgated pursuant to such section. There\nshall be no fee for such authorization.\n  (f) On or before March fifteenth, two thousand eight, the department\nshall submit a report to the governor and legislature regarding\nbluestone mining exploration in the state. Such report shall list the\nsites, including locations of sites, and detrimental environmental\nimpacts, if any, an assessment as to the degree to which the adoption of\nthis subdivision benefits the environment, as well as an assessment of\nthe enforcement activities undertaken against individuals authorized\npursuant to this subdivision.\n  13. The rules and regulations adopted by the department to implement\nthis title and the provisions of article seventy and rules and\nregulations adopted thereunder shall govern permit applications,\nrenewals, modifications, suspensions and revocations under this title.\n