N.Y. PBA Law § 2577 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2577
Definitions
Status: in_force

§ 2577. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context, the following terms\nshall mean and include:\n  1. "Authority". The corporation created by section two thousand five\nhundred seventy-eight of this title.\n  2. "City". The City of Rochester.\n  3. "Board". The members of the authority constituting and acting as\nthe governing body of the authority.\n  4. "Bonds". The bonds, notes or other evidences of indebtedness issued\nby the authority pursuant to this title, and the provisions of this\ntitle relating to bonds and bondholders shall apply with equal force and\neffect to notes and noteholders, respectively, unless the context\notherwise clearly requires.\n  5. "Construct", "construction" or "constructed". The acquisition,\nerection, building, alteration, improvement, increase, enlargement,\nextension, reconstruction, renovation or rehabilitation of a\nprofessional soccer stadium; the inspection and supervision thereof; and\nthe engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions preliminary or incidental\nthereto.\n  6. "Cost". As applied to any project, means and includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, real, personal and mixed and improved\nand unimproved, the cost of demolishing, removing or relocating of any\nbuildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of the professional soccer stadium, machinery,\napparatus and equipment, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultant and legal\nservices, the cost of other expenses necessary or incidental to the\nconstruction of any project or facility for the purposes of professional\nsoccer and the financing of the construction thereof and the financing\nof the placing of any such project or such facility in operation,\nincluding reimbursement to the county or any municipality, state agency,\nthe state, the United States government or any other person for\nexpenditures that would be costs of a project hereunder had they been\nmade directly by the authority.\n  7. "Controller". The controller of the county of Monroe.\n  8. "County". The county of Monroe.\n  9. "County legislature". The Monroe county legislature.\n  10. "Notes". The notes authorized by the title.\n  11. "Person". Any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  12. "Project". Any real property or improvements located within the\nstate of New York and within Monroe county, whether or not now in\nexistence or under construction, which shall be necessary or suitable\nfor use as a sports facility or for a use incidental to a sports\nfacility, including, but not limited to, machinery, equipment and other\nfacilities deemed necessary or desirable in connection therewith, or\nincidental thereto.\n  13. "Real property". Lands, including air and subsurface rights and\nlands under water, structures, franchises and interests in lands and any\nand all things usually included within the said terms, including not\nonly fees simple absolute but also any and all lesser interests, such as\neasements, rights of way, uses, leases, licenses, and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms of years, and liens thereon by way of\njudgments, mortgages or otherwise, and also claims for damage to real\nestate.\n  14. "Revenues". All fees, charges, tolls, rentals, rates and other\nincome and receipts derived from the operation of any sports facility\nincluding, without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, and sale or other\ndisposition of assets, together with all federal, state or municipal aid\nif any.\n  15. "Sports facility". Real property and improvements and structures\nthereon in the county, constituting a professional soccer stadium and\nother structures or related facilities, suitable for the holding of\nprofessional soccer events, including parking therefor.\n  16. "State". The state of New York.\n  17. "State agency". Any state office, public benefit corporation,\ndepartment, board, commission, bureau, division or other agency or\ninstrumentality of the state.\n
N.Y. ENV Law § 27-2711 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2711
Regulations
Status: in_force

§ 27-2711. Regulations.\n  The department is authorized to promulgate any rules and regulations\nnecessary to implement the provisions of this title and shall\npromulgate, and update the most recent version of, rules and regulations\npertaining to the definition of compostable as prescribed in American\nSociety for Testing and Materials Standard D6400.\n
N.Y. PBA Law § 2585 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2585
Moneys of the authority
Status: in_force

§ 2585. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks designated by the\nauthority. The moneys in such accounts shall be paid out on check of the\ntreasurer upon requisition by such person or persons as the authority\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of the United States or of the state or\nof any municipality of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. To the extent practicable, consistent with\nthe cash requirements of the authority, all such moneys shall be\ndeposited in interest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys, may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the controller, the authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 2576 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2576
Short title
Status: in_force

§ 2576. Short title. This title may be cited as the "Greater Rochester\nsports authority act".\n
N.Y. ENV Law § 71-2706 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2706
Enforcement of section 27-1311
Status: in_force

§ 71-2706. Enforcement of section 27-1311.\n  Any person not subject to subdivision four of section seventy-four of\nthe public officers law, who knowingly and willfully discloses\nconfidential information which is entitled to protection under article\nsix of the public officers law and section 27-1311 of this chapter shall\nbe guilty of a misdemeanor.\n
N.Y. PBA Law § 2597 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2597
Separability
Status: in_force

§ 2597. Separability. If any clause, sentence, paragraph, section, or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. PBA Law § 2580 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2580
Acquisition of real property for the authority
Status: in_force

§ 2580. Acquisition of real property for the authority. 1.\nNotwithstanding the provisions of any general, special or local law or\ncharter, the county is hereby empowered to purchase or lease from the\nauthority for a term not exceeding ninety-nine years, a sports facility,\nor enter into any other agreement relating to a sports facility, upon\nsuch terms and conditions as may be agreed upon by the county and the\nauthority.\n  2. The county may enter into agreements with the authority for the\nmanagement or operation, in whole or in part, of a sports facility owned\nor acquired by the county.\n  3. The county may enter into agreements with the authority for the\noperation or maintenance, in whole or in part, of a facility for the\npurpose of minor league baseball, presently known as Frontier Field.\n  4. The county may enter into agreements with the authority to pay for\nplanning, design and feasibility studies undertaken, or caused to be\nundertaken, by the authority.\n  5. Since the authority's continued discharge of its public and\ngovernmental purposes is of benefit to the county, the county may pay,\nwithin the appropriations available therefor, if any, the expenses of\nthe establishment and continued operation of the authority.\n  6. Notwithstanding any other provision of law, the county shall have\nthe power to contract indebtedness and to issue its obligations pursuant\nto the local finance law for the purpose of financing any payment\nauthorized to be made pursuant to subdivision two, three, four or five\nof this section. Any such payment shall constitute an object or purpose\nfor which the period of probable usefulness is hereby determined to be\nfive years.\n
N.Y. ENV Law § 71-2705 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2705
Violations of titles 9, 11 and 13 of article 27 of this chapter
Status: in_force

§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this\n             chapter.\n  1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by titles 9,\n11 and 13 of article 27 or any rule or regulation promulgated pursuant\nthereto, or any term or condition of any certificate or permit issued\npursuant thereto, or any final determination or order of the\ncommissioner made pursuant to this title shall be liable in the case of\na first violation, for a civil penalty not to exceed sixty-five thousand\ndollars and an additional penalty of not more than sixty-five thousand\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. In the case of a second and any further violation, the liability\nshall be for a civil penalty not to exceed one hundred twenty-five\nthousand dollars for each such violation and an additional penalty not\nto exceed one hundred twenty-five thousand dollars for each day during\nwhich such violation continues.\n  2. Criminal sanctions. 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\ntitles 9, 11 and 13 of article 27 or any rules and regulations\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 guilty of a misdemeanor and, upon conviction thereof, shall for\na first conviction be punished by a fine not to exceed sixty-five\nthousand dollars per day of violation or by imprisonment for a term of\nnot more than one year, or both such fine and imprisonment. If the\nconviction is for an offense committed after a first conviction of such\nperson under this subdivision, punishment shall be by a fine not to\nexceed one hundred twenty-five thousand dollars per day of violation, or\nby imprisonment for not more than two years or by both such fine and\nimprisonment.\n
N.Y. ENV Law § 23-2719 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2719
Enforcement
Status: in_force

§ 23-2719. Enforcement.\n  The provisions of this title and any rules and regulations promulgated\nthereunder shall be enforced pursuant to title 13, article 71 of this\nchapter.\n
N.Y. ENV Law § 71-2722 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2722
Enforcement of section 27-1701 of this chapter
Status: in_force

§ 71-2722. Enforcement of section 27-1701 of this chapter.\n  Administrative and civil sanctions.  1. Any person who knowingly or\nintentionally violates any of the provisions or fails to perform any\nduty imposed by section 27-1701 of this chapter, except the duty to\naccept a lead-acid battery pursuant to subdivision four of such section,\nshall be liable for a civil penalty not to exceed seventy-five dollars\nfor each violation, provided that such civil penalty shall be in\naddition to any other penalties authorized under other state or local\nlaws governing the illegal disposal of lead-acid batteries.\n  2. Any retailer or distributor who refuses to accept a lead-acid\nbattery as required pursuant to subdivision four of section 27-1701 of\nthis chapter shall be liable for a civil penalty not to exceed seven\nhundred fifty dollars.\n  3. 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 the provisions of section 27-1701 of this chapter\nmay by similar process be enjoined from continuing such violation. For\nthe purposes of this section, disposal of each lead-acid battery except\nas authorized pursuant to subdivision three of section 27-1701 of this\nchapter shall constitute a separate violation.\n  4. In the city of New York, the provisions of title seventeen of\narticle twenty-seven of this chapter shall be enforceable by an agency\nor agencies designated for such purpose by the mayor of such city, and\nnotice of violation shall be returnable to the environmental control\nboard of such city which shall have the power to impose civil penalties\nas provided in subdivisions one and two of this section.  Outside the\ncity of New York, the provisions of such title seventeen shall be\nenforceable by a local agency or agencies duly designated by the\ncommissioner.\n  5. All civil penalties and fines collected for any violation of such\ntitle seventeen shall be paid over to the commissioner for deposit in\nthe general fund; provided however, that all civil penalties collected\nfor any violation of such title seventeen which have been imposed by the\nenvironmental control board of the city of New York, or a local\nadjudicatory body pursuant to subdivision four of this section, shall be\npaid into an environmental fund of such city or locality.\n
N.Y. ENV Law § 15-2723 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2723
Penalties and enforcement
Status: in_force

§ 15-2723. Penalties and enforcement.\n  Any person who violates any provision of this title or any regulation\nor order issued pursuant to this act by the commissioner or the agency\nmay be compelled to comply with or obey the same by injunction, mandamus\nor other appropriate remedy. In addition, any such person shall pay a\ncivil penalty of not less than one hundred dollars or more than one\nthousand dollars for each day of such violation. The commissioner or the\nagency as the case may be, is authorized to commence a civil action to\nrecover such civil penalties or other appropriate relief.\n
N.Y. ENV Law § 23-2715 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2715
Financial security for reclamation
Status: in_force

§ 23-2715. Financial security for reclamation.\n  1. Before the department may issue a permit, the applicant, unless\nexempt, shall furnish financial security to ensure the performance of\nreclamation as provided in the approved mined land-use plan and naming\nthe state as beneficiary. Financial security shall be in the form of a\nbond from a corporate surety licensed to do business as such in the\nstate or any other form the department may deem acceptable. Any interest\naccruing as a result of such security shall be the exclusive property of\nthe permittee.\n  2. The department shall determine the amount, condition, and terms of\nthe financial security. The amount shall be based upon the estimated\ncost of reclaiming the affected land, which shall be based on\ninformation contained in the permit application and upon such\ninformation as an investigation by the department may disclose.\n  3. The financial security shall remain in full force and effect until\nthe department has approved the reclamation. At the discretion of the\ndepartment, the permittee may secure the release of that portion of the\nfinancial security for affected land on which reclamation has been\ncompleted and approved by the department.\n  4. If the financial security shall for any reason be cancelled, within\nthirty days after receiving notice thereof, the permittee shall provide\na valid replacement under the same conditions as described in this\nsection. Failure to provide a replacement bond within such period may,\nat the discretion of the commissioner, result in the immediate\nsuspension of the mining permit by the department.\n  5. If a permit is suspended or revoked, the department may require the\npermittee to commence reclamation upon thirty days notice.\n  6. If the permittee fails to commence or to complete the reclamation\nas required, the department may attach the financial security furnished\nby the permittee. In any event, the full cost of completing reclamation\nshall be the personal liability of the permittee and/or the person\nengaged in mining and the department, acting by the attorney general,\nmay bring suit to recover all costs to secure the reclamation not\ncovered by the financial security. The materials, machinery, implements\nand tools of every description which may be found at the mine, or other\nassets of the permittee and/or the person engaged in mining shall be\nsubject to a lien of the department for the amount expended for\nreclamation of affected lands and shall not be removed without the\nwritten consent of the department. Such lien may be foreclosed by the\nattorney general in the same manner as a mechanic's lien. Any and all\nmoneys recovered shall be deposited in the environmental regulatory\naccount pursuant to section 72-1009 of this chapter.\n  7. Political subdivisions, municipalities, the United States and any\nof its agencies and agencies of the state shall be exempt from the\nrequirements of this section.\n
N.Y. PBA Law § 2567 — New York Code / Act PBA / Article 8 / Title 27 / Section 2567
State not liable on obligations
Status: in_force

§ 2567. State not liable on obligations. The obligations of the\ncorporation shall not be debts of the state, and the state shall not be\nliable thereon, and such obligations shall not be payable out of any\nfunds other than those of the corporation.\n
N.Y. PBA Law § 2578 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2578
Greater Rochester sports authority
Status: in_force

§ 2578. Greater Rochester sports authority. 1. There is hereby created\nthe Greater Rochester sports authority. The authority shall be a body\ncorporate and politic constituting a public benefit corporation. The\nauthority shall consist of three members. Two of such members shall be\nappointed by the county executive with the advice and consent of the\ncounty legislature and who shall serve at the pleasure of the county\nexecutive, and one of such members shall be appointed by the city mayor\nwith the advice and consent of the city council, and shall serve at the\npleasure of the city mayor.\n  2. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled in the manner\nprovided for original appointments. Members may be removed from office\nfor the same reasons and in the same manner as may be provided by law\nfor the removal of officers of a county. The members of the authority\nshall receive no compensation for their services but shall be reimbursed\nfor all other actual and necessary expenses incurred in connection with\nthe carrying out of the purposes of this title. The powers of the\nauthority shall be vested in and be exercised by the members of the\nauthority at a meeting duly called and held and a majority of members\nshall constitute a quorum. Except as hereafter provided, no action shall\nbe taken except pursuant to the affirmative vote of at least two voting\nmembers. The board shall appoint from its members a chairperson,\nvice-chairperson, and a treasurer and may delegate to one or more of its\nmembers, officers, agents or employees, such powers and duties as it may\ndeem proper.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public corporation shall forfeit his or\nher office, or employment, by reason of his or her acceptance of\nappointment as a member, officer or employee of the authority, nor shall\nservice as such member, officer or employee be deemed incompatible or in\nconflict with such office, membership or employment.\n  4. The authority shall be perpetual in duration, unless terminated by\nlaw. Provided, however that no such law shall take effect so long as the\nauthority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of its\nrights and property shall pass to and be vested in such municipality or\nlegal entity as provided in said law.\n  5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  6. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operation or obligations of the\nauthority.\n
N.Y. ENV Law § 27-2703 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2703
Store operator responsibilities
Status: in_force

* § 27-2703. Store operator responsibilities.\n  1. The operator of a store shall establish an at-store recycling\nprogram pursuant to the provisions of this title that provides an\nopportunity for a customer of the store to return to the store clean\nplastic carryout bags and film plastic.\n  2. A retail establishment that does not meet the definition of a store\nand that provides plastic carryout bags to customers at the point of\nsale may also adopt an at-store recycling program.\n  * NB There are 2 § 27-2703's\n
N.Y. ENV Law § 71-2723 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2723
Procedure for determining the amount of the cost of disposing of wastes or of restoring an area to its original state following a defenda...
Status: in_force

§ 71-2723. Procedure for determining the amount of the cost of disposing\n             of wastes or of restoring an area to its original state\n             following a defendant's conviction under sections 27-0914,\n             71-2707, 71-2709, 71-2710, 71-2711, 71-2712, 71-2713,\n             71-2714, 71-2715 and 71-2717 of this chapter.\n  1. Order directing a hearing. In any case where the court is of the\nopinion that the sentence should consist of or include the amount of the\ncost of legally disposing of a hazardous waste when such waste is\nunlawfully possessed or restoring to its original state the area where a\nsubstance was unlawfully released in violation of sections 27-0914,\n71-2710, 71-2711, 71-2712, 71-2713 and 71-2714 of this chapter, the\ncourt shall order a hearing to determine the amount of the cost of such\ndisposal or restoration. For the purposes of this section, the "original\nstate of the area" shall mean the reasonably ascertainable condition of\nthe property immediately prior to the unlawful disposal or if\nimpracticable to determine such condition, then it shall be the\nreasonable environmentally sound condition of the property. The order\nmust be filed with the clerk of the court and must specify a date for\nthe hearing not less than ten days after the filing of the order.\n  2. Notice of hearing. Upon receipt of the order, the clerk of the\ncourt must send a notice of the hearing to the defendant, his counsel\nand the people. Such notice must specify the time and place of the\nhearing and the fact that the purpose thereof is to determine the amount\nof the cost of legally disposing of a hazardous waste when such waste is\nunlawfully possessed or restoring to its original state the area where a\nsubstance was released unlawfully in violation of sections 27-0914,\n71-2710, 71-2711, 71-2712, 71-2713 and 71-2714 of this chapter.\n  3. Hearing. When the defendant appears for the hearing the court must\nask him whether he wishes to make any statement or offer any evidence\nwith respect to the amount of the cost of legally disposing of the\nhazardous waste when such waste is unlawfully possessed or restoring to\nits original state the area where a substance was released unlawfully in\nviolation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and\n71-2714 of this chapter.\n  4. Burden and standard of proof; evidence. At any hearing held\npursuant to this section the burden of proof rests upon the people. For\nthe purpose of any hearing held pursuant to this section, a finding:\n  (a) as to the amount of the cost of legally disposing of the hazardous\nwaste when such waste is unlawfully possessed;\n  (b) as to the amount of the cost of legally restoring to its original\nstate the area where the substance was released unlawfully in violation\nof sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and 71-2714 of\nthis chapter must be based upon a preponderance of the evidence. The\ndefendant shall be permitted to rebut any evidence offered by the\npeople.\n  5. Conclusion of hearing. At any time during the pendency of a hearing\npursuant to this section the court may, in its discretion, terminate the\nhearing without making any finding, provided the court states on the\nrecord its reasons for the termination. In all other cases the court\nshall enter its findings and judgment upon the record at the conclusion\nof the hearing.\n  6. Judgment. (a) The judgment may require the defendant to pay an\namount for the disposal of hazardous wastes or the restoration of the\nproperty or to perform duties of disposal or restoration or to perform\nboth.\n  (b) When the court orders the defendant to pay an amount for the\ndisposal of hazardous wastes or the restoration of the property, the\nprovisions of article four hundred twenty of the criminal procedure law\nshall govern the collection of the amount which shall be paid to the\ncommissioner for deposit to the credit of the hazardous waste remedial\nfund established by section ninety-seven-b of the state finance law.\n  (c) Where the court orders the defendant to perform duties of the\ndisposal of hazardous wastes or the restoration to the property the\ncourt may authorize the department to supervise and report to it on the\nconduct of such duties; provided, however, that, section eight of the\ncourt of claims act or any other provision of law to the contrary\nnotwithstanding, the state shall be immune from liability and action\nwith respect to any act or omission done in the exercise of the\ndepartment's authority as so conferred by the court; and provided\nfurther that this subdivision shall not limit any liability which may\notherwise exist for unlawful, willful or malicious acts or omissions on\nthe part of the state, state agencies, or their officers, employees or\nagents.\n  (d) In order to most likely assure the disposal of the hazardous\nwastes or the restoration of the property, where there are two or more\ndefendants the court may apportion the costs or assign the performance\nduties of disposal or restoration, or both, between or among the\ndefendants as the interests of justice may appear to the court.\n
N.Y. ENV Law § 71-2724 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2724
Enforcement of title 21 of article 27
Status: in_force

§ 71-2724. Enforcement of title 21 of article 27.\n  1. Any person who knowingly or intentionally violates any provision of\nor fails to perform any duty pursuant to title twenty-one of article\ntwenty-seven of this chapter, except subdivision one of section 27-2105\nof this chapter, shall upon the first finding of such a violation be\nliable for a civil penalty not to exceed one hundred dollars. Any person\nconvicted of a second or subsequent violation shall be liable for a\ncivil penalty not to exceed five hundred dollars for each violation.\n  2. Any person who knowingly or intentionally violates or fails to\nperform any duty imposed by subdivision one of section 27-2105 of this\nchapter shall upon the first finding of such a violation be provided\nwith educational materials describing the requirements for mercury\ndisposal and the effects of improper mercury disposal, and be warned\nthat future violations shall result in the imposition of a fine. Any\nperson convicted of a second violation shall be liable for a civil\npenalty not to exceed fifty dollars. Any person convicted of a third\nviolation shall be liable for a civil penalty not to exceed seventy-five\ndollars. Any person convicted of a fourth or subsequent violation shall\nbe liable for a civil penalty not to exceed one hundred dollars for each\nviolation.\n  3. 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 twenty-one of article twenty-seven of this\nchapter may by similar process be enjoined from continuing such\nviolation.\n  4. All civil penalties and fines collected for any violation of title\ntwenty-one of article twenty-seven of this chapter shall be paid over to\nthe commissioner for deposit in the environmental protection fund\nestablished by section ninety-two-s of the state finance law.\n
N.Y. PBA Law § 2560 — New York Code / Act PBA / Article 8 / Title 27 / Section 2560
Definitions
Status: in_force

§ 2560. Definitions. The following terms, whenever used or referred to\nin this title, unless the context indicates otherwise, shall have the\nfollowing meanings:\n  1. "Corporation." The New York convention center operating\ncorporation.\n  2. "Convention center." The convention and exhibition center referred\nto in paragraph (l) of subdivision nine of section five hundred\nfifty-three of this chapter and any interest therein acquired by the\ncorporation.\n  3. "State." The state of New York.\n  4. "City." The city of New York.\n
N.Y. PBA Law § 2569 — New York Code / Act PBA / Article 8 / Title 27 / Section 2569
Moneys of the corporation
Status: in_force

§ 2569. Moneys of the corporation. All moneys of the corporation, from\nwhatever source derived, shall be paid to the commissioner of taxation\nand finance as agent of the corporation, who shall not commingle such\nmoneys with any other moneys. Such moneys shall be deposited in a\nseparate bank account to be known as the "convention center operating\ncorporation fund". The moneys in such fund shall be expended for payment\nof any and all costs and expenditures as required for the corporate\npurposes of the corporation and authorized by appropriation or required\npursuant to repayment agreements required by section twenty-five hundred\nsixty-six of this title, provided that all expenditures from such fund\nshall be subject to the prior approval of the director of the budget.\nThe moneys in such fund when made available shall be paid out on check\nof the commissioner of taxation and finance on requisition of the\nchairman of the corporation or of such other person or persons as the\ncorporation may authorize to make such requisition. All deposits of such\nmoneys shall, if required by the commissioner of taxation and finance or\nthe corporation, be secured by obligations of the United States or of\nthe state of a market value equal at all times to the amount of the\ndeposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. Any moneys of the corporation not required\nfor immediate use or disbursement may, at the discretion of the\ncorporation, be invested by the commissioner of taxation and finance in\naccordance with the provisions of section ninety-eight-a of the state\nfinance law. The state comptroller and his legally authorized\nrepresentatives are authorized and empowered from time to time to\nexamine the accounts and books of the corporation, including its\nreceipts, disbursements, contracts, leases, investments and any other\nrecords and papers relating to its financial standing.\n
N.Y. ENV Law § 71-2707 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2707
Unlawful possession of hazardous wastes in the second degree
Status: in_force

§ 71-2707. Unlawful possession of hazardous wastes in the second degree.\n  No person shall:\n  1. Knowingly possess more than one hundred gallons or one thousand\npounds, whichever is less, of an aggregate weight or volume of hazardous\nwastes at a place other than the site of generation; or\n  2. Recklessly possess more than two hundred gallons or two thousand\npounds, whichever is less, of an aggregate weight or volume of hazardous\nwastes at a place other than the site of generation.\n  Unlawful possession of hazardous wastes in the second degree is a\nclass E felony.\n
N.Y. ENV Law § 15-2719 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2719
Cooperation clause
Status: in_force

§ 15-2719. Cooperation clause.\n  The commissioner and agency shall cooperate with each other and\ncoordinate their activities with respect to their respective\njurisdictions over the designated rivers within the Adirondack park to\nensure compliance for the general criteria and management objectives set\nforth in this part.\n
N.Y. PBA Law § 2581 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2581
Transfer of officers and employees
Status: in_force

§ 2581. Transfer of officers and employees. 1. In accordance with the\nprovisions of section seventy of the civil service law, any officer or\nemployee of the county, selected by the authority may, with the consent\nof the county executive, be transferred to the authority and shall be\neligible for such transfer and appointment without further examination,\nto applicable offices, positions and employment under the authority.\n  2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees\nserving in positions in newly created titles shall be assigned to such\nsame collective bargaining unit if they would have been assigned to such\nunit were such titles created prior to the establishment of the\nauthority.  Nothing contained in this title shall be construed to\ndiminish (a) the rights of employees pursuant to a collective bargaining\nagreement or (b) to affect existing law with respect to an application\nto the public employment relations board seeking a designation by the\nboard that certain persons are managerial or confidential.\n  3. Any such officers or employees so transferred to the authority\npursuant to this section, who are members of or benefit under any\nexisting pension or retirement fund or system, shall continue to have\nall rights, privileges, obligations and status with respect to such fund\nor system as are now prescribed by law, but during the period of their\nemployment by the authority, all contributions to such funds or system\nto be paid by the employer on account of such officers or employees\nshall be paid by the authority.\n
N.Y. ENV Law § 23-2709 — New York Code / Act ENV / Article 23 / Title 27 / Section 23-2709
Administration of title
Status: in_force

§ 23-2709. Administration of title.\n  1. The department shall have and be entitled to exercise the following\npowers and duties:\n  (a) to issue permits in accordance with the criteria set forth in this\narticle and the rules and regulations promulgated thereunder;\n  (b) to administer and enforce the provisions of this title and any\nrule or regulation promulgated thereunder or order issued pursuant\nthereto;\n  (c) to establish environmental standards and criteria for mining and\nreclamation of the affected land to achieve the purposes of this title;\n  (d) to order, pursuant to section 71-0301 of this chapter, an\nimmediate suspension of mining or reclamation operations or operations\nincidental or appurtenant thereto whenever such operations are being\ncarried on in violation of this title or of rules, regulations and\norders adopted pursuant thereto;\n  (e) to conduct investigations and obtain data with respect to research\nexperiments and demonstrations, and to collect and disseminate\ninformation regarding mining and reclamation;\n  (f) to accept grants or funds for purposes of administration of this\ntitle and research into the fields of mining and land reclamation;\n  (g) to cooperate with any other governmental entity to further the\npurposes of this title;\n  (h) to contract with the soil and water conservation district in the\ncounty where a mine is located to achieve the purposes of this title;\n  (i) to allow, upon agreement by the department and the permittee, the\nreclamation of unreclaimed land affected by mining prior to April first,\nnineteen hundred seventy-five, as a substitute for reclamation of land\naffected by mining after that date, provided that a net environmental\nbenefit results from such substitution; and\n  (j) to determine, after notice and an opportunity for a hearing, if a\nmining operation has been abandoned.\n  2. This title shall not apply to the commissioner of general services\nacting with respect to lands under water pursuant to the public lands\nlaw.\n  3. The state geological survey shall be the state agency responsible\nfor the collection of mineral production information for the state in\nassociation with the United States bureau of mines. The state geological\nsurvey shall also continue to be the state agency responsible for the\nconduct of mineral resource investigations and inventories. Such\ninformation shall be made available to the department upon request and\nthe survey shall have access to any records of the department collected\nin conjunction with the administration of this title.\n
N.Y. PBA Law § 2589 — New York Code / Act PBA / Article 8 / Title 27-A / Section 2589
Tax exemption and tax contract by the state
Status: in_force

§ 2589. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the authority and the carrying out of\nits corporate purposes are in all respects for the benefit of the people\nof the state of New York and are public purposes. Accordingly, the\nauthority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title.\nThe property of the authority, its income and its operations shall be\nexempt from taxation, assessments, special assessments and ad valorem\nlevies. The authority shall not be required to pay any fees, taxes,\nspecial ad valorem levies or assessments of any kind, whether state or\nlocal, including, but not limited to, fees, taxes, special ad valorem\nlevies or assessments on real property, franchise taxes, sales taxes or\nother taxes, upon or with respect to any property owned by it or under\nits jurisdiction, control or supervision, or upon the uses thereof, or\nupon or with respect to its activities or operations in furtherance of\nthe powers conferred upon it by this title, or upon or with respect to\nany fares, tolls, rentals, rates, charges, fees, revenues or other\nincome received by the authority.\n  2. Any bonds issued pursuant to this title, their transfer and the\nincome therefrom shall, at all times, be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, moneys, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be exempt from taxation.\n  4. Notwithstanding any provision of this section, the authority shall\nbe required to pay water and sewer fees or charges imposed by any public\ncorporation.\n  5. The foregoing shall not, however, limit the county from receiving\nrentals, fees or other consideration pursuant to agreements negotiated\nwith the authority.\n
N.Y. ENV Law § 27-2705 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2705
Recycling program requirements
Status: in_force

§ 27-2705. Recycling program requirements.\n  An at-store recycling program provided by the operator of a store\nshall require:\n  1. a plastic carryout bag provided by the store to have printed or\ndisplayed on the bag, in a manner visible to a consumer, the words\n"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided,\nhowever, such store shall be allowed for one year from the effective\ndate of this subdivision to use its existing stock of plastic carryout\nbags. A store may also apply to the commissioner for approval of an\nalternative plastic bag recycling message. The commissioner shall\napprove or reject the proposed message within forty-five days;\n  2. a collection bin that is visible, easily accessible to the\nconsumer, and clearly marked that the collection bin is available for\nthe purpose of collecting and recycling plastic carryout bags and film\nplastic. This subdivision shall apply to stores not within an enclosed\nshopping mall and stores of at least fifty thousand square feet within\nan enclosed shopping mall. In the case of an enclosed shopping mall, the\nowner of the enclosed mall shall place bins at reasonable intervals\nthroughout the enclosed mall area;\n  3. all plastic carryout bags and film plastic collected by the store\nto be collected, transported and recycled along with any other in-store\nplastic recycling, except for plastic bags that are not sufficiently\nfree of foreign material to enter the recycling stream. Plastic carryout\nbags and film plastic collected by the store or the manufacturer, which\nare free of foreign material, shall not be disposed of in any solid\nwaste disposal facility permitted or authorized pursuant to title seven\nof this article;\n  4. the store or its agent to maintain, for a minimum of three years,\nrecords describing the collection, transport and recycling of plastic\ncarryout bags and film plastic collected by weight, provided however\nthat stores or its agents may weigh such bags, film plastic and any\nother in-store plastic recycling at a regional collection center. Such\nrecords shall be made available to the department upon request, to\ndemonstrate compliance with this title; and\n  5. the operator of the store to (a) make reusable bags available to\ncustomers within the store for purchase, and (b) permit a reuseable bag\nto be used in lieu of a plastic carryout bag or paper bag.\n
N.Y. ENV Law § 15-2701 — New York Code / Act ENV / Article 15 / Title 27 / Section 15-2701
Statement of policy and legislative findings
Status: in_force

§ 15-2701. Statement of policy and legislative findings.\n  1. The legislature hereby finds that many rivers of the state, with\ntheir immediate environs, possess outstanding natural, scenic, historic,\necological and recreational values.\n  2. Improvident development and use of these rivers and their immediate\nenvirons will deprive present and future generations of the benefit and\nenjoyment of these unique and valuable resources.\n  3. It is hereby declared to be the policy of this state that certain\nselected rivers of the state which, with their immediate environs,\npossess the aforementioned characteristics, shall be preserved in\nfree-flowing condition and that they and their immediate environs shall\nbe protected for the benefit and enjoyment of present and future\ngenerations.\n  4. The purpose of this act is to implement this policy by instituting\na state wild, scenic and recreational rivers system, by designating the\ninitial components of that system and by prescribing the methods by\nwhich and standards according to which additional components may be\nadded to the system from time to time.\n
N.Y. ENV Law § 27-2701 — New York Code / Act ENV / Article 27 / Title 27 / Section 27-2701
Definitions
Status: in_force

* § 27-2701. Definitions.\n  As used in this title:\n  1. "Compostable plastic bag" means a plastic bag that at a minimum\nmeets the American Society for Testing and Materials standard D6400 for\ncompostable plastic, as amended.\n  2. "Manufacturer" means the producer of a plastic carryout bag or film\nplastic sold to a store or the manufacturer's agent or broker who sold\nthe plastic carryout bag or film plastic to the store.\n  3. "Operator" means a person in control of, or having daily\nresponsibility for, the daily operation of a store, which may include,\nbut is not limited to, the owner of the store.\n  4. "Plastic carryout bag" means a plastic carryout bag provided by a\nstore to a customer at the point of sale.\n  5. "Reusable bag" means:\n  (a) a bag made of cloth or other machine washable fabric that has\nhandles; or\n  (b) a durable plastic bag with handles that is specifically designed\nand manufactured for multiple reuse.\n  6. "Store" means a retail establishment that provides plastic carryout\nbags to its customers as a result of the sale of a product and (a) has\nover ten thousand square feet of retail space, or (b) such retail\nestablishment is part of a chain engaged in the same general field of\nbusiness which operates five or more units of over five thousand square\nfeet of retail space in this state under common ownership and\nmanagement.\n  7. "Film plastic" means uncontaminated non-rigid film plastic\npackaging products composed of plastic resins, which include, but are\nnot limited to, newspaper bags, dry cleaning bags and shrink-wrap.\n  * NB There are 2 § 27-2701's\n
N.Y. ENV Law § 71-2710 — New York Code / Act ENV / Article 71 / Title 27 / Section 71-2710
Endangering public health, safety or the environment in the fifth degree
Status: in_force

§ 71-2710. Endangering public health, safety or the environment in the\n             fifth degree.\n  A person is guilty of endangering public health, safety or the\nenvironment in the fifth degree when with criminal negligence he engages\nin conduct which causes the release of more than five gallons or fifty\npounds, whichever is less, of an aggregate weight or volume of a\nsubstance hazardous to public health, safety or the environment.\n  Endangering public health, safety or the environment in the fifth\ndegree is a class B misdemeanor.\n