reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1731 - Revocation or Modification of Permits.

* 17-1731. Revocation or modification of permits.
1. Every permit for the discharge of sewage from a sewer system or for
  the  discharge  of  refuse or waste matter from a shop, factory, mill or
  industrial establishment, shall when necessary to  conserve  the  public
  health,  be  revocable  or  subject  to  modification  or  change by the
  commissioner on due notice after an investigation  and  hearing  and  an
  opportunity  for all interested therein to be heard thereon being served
  on the public authorities of the municipality owning and maintaining the
  sewer system, or on the  proprietor,  lessee  or  tenant  of  the  shop,
  factory, mill or industrial establishment.
2.  Plans for any such modification shall be submitted to and approved
  by the department.
3. The length of the time after receipt of the notice within which the
  discharge of sewage or of refuse or waste matter shall  be  discontinued
  may be stated in the permit, but in no case shall it exceed two years in
  the  case of a sewer system, or one year in the case of a shop, factory,
  mill or industrial establishment, and if  the  length  of  time  is  not
  specified  in  the  permit,  it shall be one year in the case of a sewer
  system, and six  months  in  the  case  of  a  shop,  factory,  mill  or
  industrial establishment.
4.  On  the  expiration  of  the  period  of time prescribed after the
  service of a notice of  revocation,  modification  or  change  from  the
  commissioner,  the  right  to discharge sewage or refuse or waste matter
  into any of the waters of the state shall cease and  terminate  and  the
  prohibition  of  section 17-1701 against such discharge shall be in full
  force as though no permit  had  been  granted,  but  a  new  permit  may
  thereafter again be granted as hereinbefore provided.
* NB Expired September 1, 1973
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1733 - Record of Permits; Inspection of Local Boards of Health.

* § 17-1733. Record of permits; inspection of local boards of health.
1.  Each  local  board of health shall preserve in its office and on a
  form  prescribed  by  the  commissioner,  a  permanent  record  of   the
  following:
a.  Each  permit  issued  by  the  commissioner  granting the right to
  discharge sewage or refuse or waste matter into any of the waters of the
  state within the municipality;
b. Each revocation of a permit; and
c. Each report received by the local board of health  concerning  each
  sewer  system  and  each shop, factory, mill or industrial establishment
  which on May 7, 1903, was discharging sewage or refuse or  waste  matter
  into any of the waters of the state within the municipality.
2.  Each local board of health shall make and maintain such inspection
  as will, at all times, enable it to determine whether section 17-1701 is
  being complied with in respect to the discharge  of  sewage,  refuse  or
  waste  matter or other materials prohibited by said section, into any of
  the waters of the state within that municipality.
3. For the purpose of such inspection every member of such local board
  of health, or its health officer, or any person duly authorized  by  it,
  shall have the right to make all necessary examinations of any premises,
  building,  shop,  factory,  mill,  industrial  establishment, process or
  sewer system.
* NB Expired September 1, 1973
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1735 - Violations; Service of Notice; Actions.

* § 17-1735. Violations; service of notice; actions.
1.  The  board of health of each municipality shall promptly ascertain
  every violation of, or noncompliance with,  any  of  the  provisions  of
  section  17-1701 or of the permits for the discharge of sewage or refuse
  or waste material into any of the waters of the state  herein  provided,
  which  may  occur  within  that  municipality,  or  the commissioner may
  ascertain such violations or noncompliance.
2. The local board of health shall on the discovery of every violation
  of or noncompliance with any of the provisions of said section or of any
  permit duly issued, report the same in writing to the commissioner.
3. Upon receipt of such report  from  a  local  board  of  health  the
  commissioner  shall  investigate the matter immediately and shall hold a
  hearing and give the person or persons charged with  such  violation  or
  noncompliance an opportunity to present evidence on his or their behalf,
  and shall ascertain whether a violation or noncompliance exists.
* NB Expired September 1, 1973
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1737 - Legal Construction and Limitations; Riparian Owners.

* § 17-1737. Legal construction and limitations; riparian owners.
Nothing  in  titles  15  and  17 of this article shall be construed to
  diminish or otherwise to modify the common law rights of riparian owners
  in the quality of waters of streams covered by such rights, nor  in  the
  case  of  actions brought against the pollution of waters to limit their
  remedy to indemnities.
* NB Expired September 1, 1973
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1739 - Repeal of Provisions.

§ 17-1739. Repeal of provisions.
The  provisions  of  sections  17-1701,  17-1705,  17-1707, 17-1713 to
  17-1737, inclusive, and 71-1925, shall remain in force and  effect  only
  until September 1, 1973.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1741 - Sewerage; Construction; Villages.

§ 17-1741. Sewerage; construction; villages.
1.  Whenever  any  local  board  of health in any incorporated village
  shall deem the sewers of  such  village  insufficient  to  properly  and
  safely  sewer  such  village,  and  protect  the public health, it shall
  certify such fact in writing, stating and recommending what additions or
  alterations should in the judgment of such board of health be made, with
  its reasons therefor, to the commissioner for his approval.
2. If such recommendations shall be approved by the commissioner,  and
  the  plans  therefor be approved by the department, it shall be the duty
  of the board of trustees or other board or  officials  of  such  village
  having  jurisdiction  of  the  construction  of  sewers therein, whether
  sufficient funds shall be on hand for such purpose or not, to  forthwith
  make  such additions to or alterations in the sewers of such village and
  execute such recommendations.
3. The expenses of such additions to, or alterations to  the  sewerage
  of  such  village  shall  be paid for wholly by said village in the same
  manner as other village expenses are paid or by  an  assessment  of  the
  whole  amount  against  the property benefited, or partly by the village
  and partly by an assessment against the property benefited, as the board
  of trustees of such village shall by resolution determine.
4. If the board of trustees shall determine that such  expenses  shall
  be  paid  partly  by the village and partly by an assessment against the
  property benefited, as authorized by  this  section,  it  shall  in  the
  resolution  making such determination fix the proportion of such expense
  to be borne by each, and the proportion  thereof  to  be  raised  by  an
  assessment   against  the  property  benefited  shall  be  assessed  and
  collected in the same  manner  provided  by  the  Village  Law  for  the
  assessment and collection of sewer assessments.
5.  Said  village  is  hereby  authorized  to raise such sum as may be
  necessary for the payment of the expenses incurred, which are a  village
  charge,  if  any,  as  herein  provided,  in addition to the amount such
  village is now authorized to raise by law for corporation purposes,  and
  such  board shall have the right to acquire such lands, right of way, or
  other easements, by gift, or purchase, or in case  the  same  cannot  be
  acquired  by purchase may acquire the same by condemnation in the manner
  provided by law.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 17 - Discharge of Sewage Into Waters › 17-1743 - Reporting of Spills of Liquids Stored in Bulk.

§ 17-1743. Reporting of spills of liquids stored in bulk.
Any person who is the owner of or in actual or constructive possession
  or  control  of  more than one thousand one hundred gallons, in bulk, of
  any liquid, including  petroleum,  which,  if  released,  discharged  or
  spilled  would  or would be likely to pollute the lands or waters of the
  state including the groundwaters  thereof  shall,  as  soon  as  he  has
  knowledge  of the release, discharge or spill of any part of such liquid
  in his possession or control onto the lands or into the  waters  of  the
  state   including   the  groundwaters  thereof  immediately  notify  the
  department. Within forty-eight hours of  receipt  of  notification  made
  pursuant  to this section of a spill of a hazardous substance or acutely
  hazardous substance listed pursuant  to  article  thirty-seven  of  this
  chapter  of  a  quantity  that  may threaten the health or safety of the
  public or environment, the department shall notify the  chief  executive
  officer  in the village, town, and city in which the spill occurred, and
  any adjoining  city  or  town  or  village  that  the  department  deems
  appropriate.  In  addition, the department shall provide notification of
  such spill to the general public through local news  outlets,  newspaper
  or  any  other  media available to the department. Notification received
  pursuant to this section or information obtained by the exploitation  of
  such  notification  shall  not  be  used  against any such person in any
  criminal case, except a prosecution for perjury or for  giving  a  false
  statement.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 21 - Nutrient Runoff › 17-2101 - Definitions.

§ 17-2101. Definitions.
As used in this title:
1. "Compost" means the biologically stable humus-like material derived
  from  composting  or  the aerobic, thermophilic decomposition of organic
  matter.
2. "Fertilizer" means the same as "specialty fertilizer" as defined in
  section one hundred forty-three of the agriculture and markets law.
3. "Lawn" or "non-agricultural turf" means any non-crop land area that
  is covered by any grass species. Lawn or non-agricultural turf does  not
  mean  flower or vegetable gardens, pasture, hayland, trees, shrubs, turf
  grown on turf farms, or any form of agricultural production.
4. "Phosphorus fertilizer" means fertilizer  in  which  the  available
  phosphate  (P205)  content  is  greater  than  0.67  percent  by weight,
  excluding compost.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 21 - Nutrient Runoff › 17-2103 - Sale or Use of Phosphorus Fertilizer Restricted.

§ 17-2103. Sale or use of phosphorus fertilizer restricted.
1.  No  person  shall  apply or authorize any person by way of service
contract or other arrangement to apply  in  this  state  any  phosphorus
fertilizer on lawn or non-agricultural turf, except when:
(a)  A  soil  test  indicates that additional phosphorus is needed for
growth of that lawn or non-agricultural turf; or
(b) The phosphorus fertilizer is used for newly  established  lawn  or
non-agricultural turf during the first growing season.
2. Any retailer selling or offering for sale phosphorus fertilizer for
use  on  lawn or non-agricultural turf shall comply with the retail sale
requirements in section one hundred forty-six-g of the  agriculture  and
markets  law related to display of phosphorus fertilizer and the posting
of educational signs.
3. No person shall apply fertilizer to:
(a) lawn or non-agricultural turf between  December  first  and  April
first, annually;
(b)  any  impervious  surface  including  parking  lots, roadways, and
sidewalks.  If  such  application  occurs,  the   fertilizer   must   be
immediately   contained   and   either   legally   applied  to  lawn  or
non-agricultural turf or placed in an appropriate container; or
(c) any lawn or non-agricultural turf  on  any  real  property  within
twenty feet of any surface water, except that this restriction shall not
apply  where  a  continuous natural vegetative buffer, at least ten feet
wide, separates an area of lawn or  non-agricultural  turf  and  surface
water, and except that, where a spreader guard, deflector shield or drop
spreader  is  used  to  apply fertilizer, such application may not occur
within three feet of any surface water. This paragraph shall  not  apply
to   an   application  of  fertilizer  for  newly  established  lawn  or
non-agricultural turf during the first growing season.
4. Nothing in this title shall impair or supersede  the  authority  of
the commissioner of agriculture and markets pursuant to articles ten and
twenty-five-AA of the agriculture and markets law.
2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 21 - Nutrient Runoff › 17-2105 - Local Fertilizer Regulation.

§ 17-2105. Local fertilizer regulation.
A  local  government  may  enact  more  stringent  standards  for  the
  application of  fertilizer  for  lawn  and  non-agricultural  turf  than
  established  in this title, provided, however, that any local government
  that enacts such standards after January 1, 2011 must demonstrate to the
  department  prior  to  enactment  that  additional  or  more   stringent
  standards are necessary to address local water quality conditions.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 1 - Short Title; Declarations of Policy and Purpose; Definitions › 19-0103 - Declaration of Policy.

§ 19-0103. Declaration of policy.
It is declared to be the policy of the state of New York to maintain a
  reasonable  degree  of  purity  of the air resources of the state, which
  shall be consistent with the public health and welfare  and  the  public
  enjoyment   thereof,  the  industrial  development  of  the  state,  the
  propagation and protection of flora and fauna,  and  the  protection  of
  physical  property  and  other resources, and to that end to require the
  use of all available practical and reasonable  methods  to  prevent  and
  control  air  pollution in the state of New York. It is further declared
  that this can be done most  effectively  by  focusing  on  goals  to  be
  achieved  by  a  maximum  of cooperation among all parties concerned and
  that codes, rules and regulations established under  the  provisions  of
  this  article  should  be  clearly premised upon scientific knowledge of
  causes as well as of effects.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 1 - Short Title; Declarations of Policy and Purpose; Definitions › 19-0105 - Declaration of Purpose.

§ 19-0105. Declaration of purpose.
It  is  the  purpose of this article to safeguard the air resources of
  the state from pollution by: (1) controlling or  abating  air  pollution
  which  shall  exist  when this artcle shall be enacted and (2) preventng
  new air pollution, under a program which shall be  consistent  with  the
  declaration of policy above stated and in accordance with the provisions
  of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0302 - Permits and Certificates.

§ 19-0302. Permits and certificates.
1.  The  rules  and regulations adopted by the department to implement
  this article and the provisions of article 70 of this chapter and  rules
  and  regulations  adopted  thereunder  and  the  provisions of the state
  administrative  procedure  act  shall  govern  permit  and   certificate
  applications, renewals, modifications, suspensions and revocations under
  this article unless otherwise provided for in this article.
2.   No   permit   issued  pursuant  to  this  article  shall  include
  performance, emission or  control  standards  more  stringent  than  any
  established  by the Act or by the United States environmental protection
  agency unless such standards are authorized by rules or regulations.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0306-A - Personal Watercraft Emissions Regulations.

§ 19-0306-a. Personal watercraft emissions regulations.
1.  Pursuant  to  The  Federal  Clean  Air Act, 42 U.S.C. section 7543
  (e)(2)(b) as amended by Public Law 101-549, November fifteenth, nineteen
  hundred ninety, within one year from the effective date of this section,
  the commissioner shall adopt regulations which are consistent  with  the
  California  air  emissions  reduction  and  labeling regulations for new
  spark ignition marine engines  for  use  in  personal  watercraft.  Such
  regulations  shall  apply  to  every  new  personal  watercraft  that is
  manufactured for sale or offered for sale in New York. The  commissioner
  shall  review  and  revise  such regulations annually in order to retain
  their  consistency  with  the  California  air  emissions  and  labeling
  regulations for spark ignition marine engines.
2.  For purposes of this section, the term "personal watercraft" shall
  have the same meaning as in subdivision thirty of  section  two  of  the
  navigation law.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0307 - Certificates of Compliance for Purposes of the Real Property Tax Law.

§ 19-0307. Certificates  of compliance for purposes of the Real Property
Tax Law.
1. For the purposes of section 481 of the Real Property Tax  Law,  the
  commissioner  or  his  designated representative is hereby authorized to
  issue  certificates  of  compliance  concerning  air  pollution  control
  facilities and air pollution controlled process facilities as defined in
  such  law.  No  such  certificate shall be issued unless the facility to
  which it is applicable is in compliance with  applicable  provisions  of
  titles  1  to 11, inclusive, and title 19 of article 17, article 19, and
  title 1 of article 27 of this chapter; of the Public Health Law; of  the
  state  sanitary code and of codes, rules, regulations, permits or orders
  issued pursuant thereto.
2. In the case of facilities which have not been  completed  prior  to
  the  close  of  a taxable status date with respect to which an exemption
  may be claimed under the Real Property Tax Law, a temporary  certificate
  of compliance may be issued if the commissioner or his representative is
  satisfied,  on the basis of the construction which has taken place, that
  such  facilities,  when  completed,  will  be  in  compliance  with  the
  provisions  of  titles  1  to 11, inclusive, and title 19 of article 17,
  article 19, and title 1 of article 27 of this  chapter;  of  the  Public
  Health  Law,  of the state sanitary code, and codes, rules, regulations,
  permits or orders issued pursuant thereto. Such a temporary  certificate
  shall  apply  only  to  taxes  levied as of the taxable status date with
  respect to which such a certificate is issued.
3. The certificate of compliance may be revoked by  the  commissioner,
  after  providing  an  opportunity to be heard, upon a determination that
  the facility to which it was applicable either is not, or has not  been,
  in  compliance  with  applicable  provisions  of this chapter, the state
  sanitary code or codes, rules, regulations,  permits  or  orders  issued
  pursuant  thereto.  Upon  revocation,  the commissioner shall notify the
  commissioner of taxation and finance and the assessor of the appropriate
  county, city, town or village.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0309 - Certificates of Compliance for Purposes of the Tax Law.

§ 19-0309. Certificates of compliance for purposes of the Tax Law.
1.  For the purposes of sections 208, 210, 606 and 612 of the Tax Law,
  the commissioner or his designated representative is  hereby  authorized
  to  issue  certificates  of  compliance concerning air pollution control
  facilities and air pollution controlled process facilities as defined in
  such law. No such certificate shall be issued  unless  the  facility  to
  which  it  is  applicable is in compliance with applicable provisions of
  titles 1 to 11, inclusive, and title 19 of article 17, article  19,  and
  title  1 of article 27 of this chapter; of the Public Health Law; of the
  state sanitary code and of codes, rules, regulations, permits or  orders
  issued pursuant thereto.
2.  In  the  case of facilities which have not been completed prior to
  the close of a taxable year for which a deduction may be  claimed  under
  the  Tax Law, a temporary certificate of compliance may be issued if the
  commissioner or his representative is satisfied, on  the  basis  of  the
  construction   which   has  taken  place,  that  such  facilities,  when
  completed, will be in compliance with the provisions of titles 1 to  11,
  inclusive,  and  title  19  of  article  17,  article 19, and title 1 of
  article 27 of this chapter; of the  Public  Health  Law;  of  the  state
  sanitary  code,  and codes, rules, regulations, permits or orders issued
  pursuant thereto. Such a  temporary  certificate  shall  apply  only  to
  expenditures  made  in  the  taxable  year  with respect to which such a
  certificate is issued.
3. The certificate of compliance may be revoked by  the  commissioner,
  after  providing  an  opportunity to be heard, upon a determination that
  the facility to which it was applicable either is not, or has not  been,
  in  compliance  with  applicable  provisions  of this chapter, the state
  sanitary code or codes, rules, regulations,  permits  or  orders  issued
  pursuant  thereto.  Upon  revocation,  the commissioner shall notify the
  State Tax Commission.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0312 - Power Plant Emissions and Performance Standards.

§ 19-0312. Power plant emissions and performance standards.
1. Definitions. As used in this section:
a.  "Mercury" means elemental, oxidized, and particle-bound mercury in
  source emissions.
b.  "Major  electric  generating  facility"  means   any   electricity
  generating  facility  with  a nameplate capacity of twenty-five thousand
  kilowatts or more.
2. Any major electric generating facility shall demonstrate compliance
  with all applicable emission requirements established by the  department
  for  the  purpose  of  complying  with all state and federal air quality
  requirements,  including  requirements  for  Sulfur  Dioxide,   Nitrogen
  Oxides,  Mercury, Carbon Dioxide and particulate matter of less than 2.5
  microns. Such facility must also comply with other applicable department
  air quality requirements relating to offsetting of emissions.
3. No later than twelve  months  after  the  effective  date  of  this
  section,   the  commissioner  shall  promulgate  rules  and  regulations
  targeting reductions in emissions of carbon dioxide that would apply  to
  major  electric  generating facilities that commenced construction after
  the effective date of the regulations.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0317 - Air Program Evaluation.

§ 19-0317. Air program evaluation.
Within  eighteen  months after the effective date of this section, and
  biennially thereafter, the department shall, in  coordination  with  the
  department  of  economic development, prepare and submit to the governor
  and the legislature a report evaluating the programs proposed or adopted
  to implement the Act. The evaluation shall include:
1. an identification of the specific measures taken to  implement  the
  Act,  and  progress  made toward meeting emission reductions required by
  the Act;
2. recommendations on any additional measures which must be  taken  if
  the state is not meeting emission reductions required by the Act;
3.  an evaluation of the resources available to implement the programs
  required by the Act and whether those resources are sufficient;
4. an analysis of the costs of measures taken to  implement  the  Act,
  including  costs  imposed  directly  and  indirectly  on mobile sources,
  stationary sources, consumers and businesses. The  analysis  shall  also
  identify the benefits of compliance with the Act;
5.  an  analysis  of  the  adequacy  of measures taken to assist small
  business stationary sources in complying with the Act;
6. an identification and status of  any  non-compliance  notifications
  received from the United States environmental protection agency;
7.  a  summary of any significant new regulations or guidance prepared
  by the United States environmental protection agency; and
8. an identification of any regulation or guidance expected  from  the
  United States environmental protection agency necessary for the state to
  implement  provisions of the Act, and the effect of any past due rule or
  guidance on the state's compliance efforts.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0319 - Centrally Fueled Fleet Program.

§ 19-0319. Centrally fueled fleet program.
1.   The department shall develop a centrally fueled fleet program for
  light duty and heavy duty vehicles, as specified in subdivision  (b)  of
  section  7586 of the Act, unless the department has adopted a substitute
  program or programs for the centrally  fueled  fleet  program,  provided
  that  the  substitute  program  meets  the criteria set forth in section
  7511a(c)(4)(B) of the Act for administrator approval of such program.
2.  Such  centrally  fueled  fleet  program  shall  be  developed   in
  consultation with fleet operators, vehicle manufacturers, fuel producers
  and  distributors,  and  other  interested  parties  taking into account
  operational range, specialty uses, vehicle and fuel availability, costs,
  safety, resale value  of  vehicles  and  equipment  and  other  relevant
  factors.
3.  Such  centrally  fueled  fleet  program  shall  contain provisions
  requiring that at least a specified percentage of all new covered  fleet
  vehicles  in  model  year  nineteen  hundred ninety-eight and thereafter
  purchased by each covered fleet operator shall be  clean  fuel  vehicles
  and  shall  use  clean  alternative  fuels when operating in the covered
  areas. For the  applicable  model  years  (MY)  and  vehicle  types  the
  specified percentages shall be no less than the percentages specified in
  the following table:
CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS
 
  Vehicle Type
MY1998    MY1999    MY2000
  Light-duty trucks up to 6000 lbs.
  GVWR & light-duty vehicles ..................    30%       50%       70%
  Heavy-duty trucks above
  8,500 lbs. GVWR .............................    50%       50%       50%
4.  Such  centrally  fueled  fleet program shall also provide that the
  choice of clean fueled vehicles and clean  alternative  fuels  shall  be
  made  by  the covered fleet operator subject to the requirements of this
  section.
5. Such centrally fueled fleet program shall require fuel providers to
  make clean alternative fuel available  to  covered  fleet  operators  at
  locations at which covered fleets are centrally fueled.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0325 - Sulfur Reduction Requirements.

§ 19-0325. Sulfur reduction requirements.
(1)  On  or  after  July  first,  two  thousand twelve, all number two
heating oil sold for  use  in  residential,  commercial,  or  industrial
heating  within  the  state shall not have a sulfur content greater than
fifteen parts per million.
(2) The governor may,  by  issuing  an  executive  order,  temporarily
suspend  the  applicability  of  this  section  at any time based on the
governor's determination, after consulting  with  the  New  York  energy
research  and  development  authority,  that  meeting the requirement of
subdivision one of this section is not feasible due to lack of  adequate
supply of the required fuel.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0328 - Ozone Non-Attainment Fee Programs.

§ 19-0328. Ozone non-attainment fee programs.
1.  The  department may implement new or revise existing regulatory or
  permitting fee programs only to the  extent  necessary  to  comply  with
  section  7511d  of  the  Act  related  to the non-attainment of national
  ambient air quality standards.
2. Fees imposed pursuant to subdivision one of this section  shall  be
  calculated in the manner set forth in the Act.
3.  The department shall further establish by rule or rules additional
  procedures to the extent necessary for assessment of and  collection  of
  such   fees  that  shall  ensure  sufficient  notice,  fee  amounts  and
  compliance information are given to affected parties.
4. Moneys received pursuant to this section shall be deposited in  the
  air quality improvement fund as established in section ninety-nine-rr of
  the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0329 - Certain Fuel Oil; Prohibited.

§ 19-0329. Certain fuel oil; prohibited.
1.  On  and  after July first, two thousand twenty-three, no fuel oil,
  grade number six, as classified by ASTM International D396-15c, shall be
  used for the purpose of providing heat for any building or  facility  in
  the state.
2.  Nothing in this section shall prevent a municipality from adopting
  a law, code, ordinance or regulation which is more  stringent  than  the
  requirements of this section.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0331 - Moratorium on Air Permit Issuance and Renewal.

§ 19-0331. Moratorium on air permit issuance and renewal.
1. For the period commencing on the effective date of this section and
  ending  two  years  after  such date, the department, after consultation
  with  the  department  of  public  service,  shall  not  approve  a  new
  application  for  or  issue  a  new  permit pursuant to this article, or
  article seventy of this chapter, for  an  electric  generating  facility
  that  utilizes  a  carbon-based  fuel  and that provides, in whole or in
  part,  behind-the-meter  electric  energy  consumed   or   utilized   by
  cryptocurrency  mining  operations that use proof-of-work authentication
  methods to validate blockchain transactions.
2. For the period commencing on the effective date of this section and
  ending two years after such date, the department shall  not  approve  an
  application  to  renew  an  existing  permit  or  issue a renewal permit
  pursuant to this  article  for  an  electric  generating  facility  that
  utilizes  a  carbon-based  fuel  and that provides, in whole or in part,
  behind-the-meter   electric   energy   consumed   or   utilized   by   a
  cryptocurrency  mining  operation that uses proof-of-work authentication
  methods to validate blockchain transactions if the  renewal  application
  seeks  to  increase or will allow or result in an increase in the amount
  of electric energy consumed  or  utilized  by  a  cryptocurrency  mining
  operation  that  uses  proof-of-work  authentication methods to validate
  blockchain transactions.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 5 - Procedure › 19-0501 - Notice of Hearing; Service of Process.

§ 19-0501. Notice of hearing; service of process.
1.  Notices of every public hearing held pursuant to the provisions of
  this article shall specify the time, date,  place  and  purpose  of  the
  hearing.
2.  Service  of  all  processes  of  the  commissioner pursuant to the
  provisions of this article, except subpoenas, shall be made in the  same
  manner  as  a  summons  in a civil action or by registered mail upon any
  person to whom  it  is  addressed,  upon  the  mayor  or  counsel  of  a
  municipality  or  upon  an officer of a district, authority, commission,
  private corporation or company, as the case may be.
3. Subpoenas issued pursuant to the provisions of this  article  shall
  be  served upon a prospective witness personally and at the same time he
  shall be paid such fees therefor as may be provided by law.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 5 - Procedure › 19-0503 - Complaints; Investigation.

§ 19-0503. Complaints; investigation.
In case any written complaint shall be filed with the commissioner and
  he  shall  have  cause  to  believe, or in case the commissioner himself
  shall have cause to believe, that any person is violating any code, rule
  or regulation, which was promulgated by the department pursuant to  this
  article,  the commissioner shall cause a prompt investigation thereof to
  be made.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 5 - Procedure › 19-0505 - Notice of Violation and Public Hearing.

§ 19-0505. Notice of violation and public hearing.
Whenever  it  shall  appear  to the commissioner that there has been a
  violation of any code, rule or regulation of the department  promulgated
  pursuant  to  this  article, the commissioner shall cause to have issued
  and served upon the alleged  violator  a  written  notice,  which  shall
  specify  the  provision  of  the  code, rule or regulation of which such
  person is said to be in violation, a statement of the manner in, and  of
  the  extent  to  which, such person is said to violate it, and the order
  which the commissioner proposes to issue, and shall require such  person
  to  answer  the charges of such complaint at a public hearing before the
  commissioner at a time not less than fifteen  days  after  the  date  of
  notice.  The  commissioner  may  modify the proposed order following the
  hearing or upon  the  consent  of  the  alleged  violator.  The  alleged
  violator may, at any time, waive such right to a public hearing.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 5 - Procedure › 19-0507 - Conduct of Hearing.

§ 19-0507. Conduct of hearing.
1.  The respondent to such complaint may file a written answer thereto
  at least three days prior to the hearing and may appear at such  hearing
  in  person or by representative, with or without counsel, and may submit
  testimony, or may do both.
2. The hearing may be held before the commissioner or a representative
  designated by the commissioner.
3. The commissioner or his delegate shall have power to  subpoena  and
  compel the attendance of witnesses and the production for examination of
  any  book  or  paper  relating  to  the  matter under investigation. The
  commissioner or his delegate at the  request  of  any  respondent  to  a
  complaint  made  pursuant  to this article shall subpoena and compel the
  attendance of such  witnesses  and  shall  require  the  production  for
  examination  of  any  such  book  or  paper relating to the matter under
  investigation as the respondent may reasonably designate.
4. In the case of contumacy or refusal to obey a subpoena, the supreme
  court shall have jurisdiction upon the application of  the  commissioner
  or  his  delegate  to issue an order requiring such person to appear and
  testify or produce evidence as the case may require. Any failure to obey
  such an order may be judged by the court as contempt thereof.
5. The testimony taken at the hearing before the commissioner  or  his
  delegate   shall   be  under  oath  and  recorded,  stenographically  or
  otherwise.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 5 - Procedure › 19-0509 - Order or Determination; Burdens of Proof.

§ 19-0509. Order or determination; burdens of proof.
1.  After  due  consideration  of the written and oral statements, the
  testimony and arguments that shall be submitted under the provisions  of
  section  19-0507 or, upon default in appearance of the respondent on the
  return day which shall be specified in the notice given as  provided  in
  section  19-0505  the commissioner may issue and enter such final order,
  or make such final determination as he shall deem appropriate under  the
  circumstances,  and he shall notify the respondent thereof in writing by
  registered mail.
2. Any such order may require immediate cessation of any  activity  in
  contravention of such codes, rules and regulations.
3.   In  connection  with  determining  the  appropriate  remedy,  the
  commissioner shall consider evidence received at such  hearing  relating
  to  the  adequacy  and practicability of various means of complying with
  such codes, rules and regulations  and  the  financial  ability  of  the
  respondent  so  to  comply.  If  the  commissioner  finds that immediate
  compliance would  be  impossible  or  impracticable  either  because  no
  adequate  or  practical  means  of  compliance  is  known  or because of
  financial inability, his order shall establish the  reasonable  time  or
  times  within which the required steps, both intermediate and final, are
  to be taken. The burden of proving  impossibility,  impracticability  or
  financial inability shall be upon the person claiming the same.
4.  As  to  all other issues in proceedings before the commissioner or
  his designee with respect to any alleged violation of any code, rule  or
  regulation  which shall have been promulgated by the department pursuant
  to this article, the burden of proof shall be upon the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 7 - Scope and Construction › 19-0703 - Existing Rights and Remedies.

§ 19-0703. Existing rights and remedies.
It is the purpose of this article to provide additional and cumulative
  remedies  to  prevent  and  abate  air  pollution and air contamination.
  Nothing in this article contained  shall  abridge  or  alter  rights  of
  action or remedies now or hereafter existing, nor shall any provision of
  this  article or anything done by virtue of this article be construed as
  estopping individuals, counties, cities, towns or villages or the  state
  from the exercise of their respective rights to suppress nuisances or to
  prevent or abate air pollution or air contamination.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 7 - Scope and Construction › 19-0705 - Persons Other Than the State Shall Not Acquire Actionable Rights.

§ 19-0705. Persons  other  than  the  state shall not acquire actionable
rights.
The basis for proceedings or other  actions  that  shall  result  from
  violations of any code, rule or regulation which shall be promulgated by
  the  department pursuant to this article shall inure solely to and shall
  be for the benefit of the people of the state generally and  it  is  not
  intended  to  create  in  any  way  new or enlarged rights or to enlarge
  existing rights. A determination by the commissioner that air  pollution
  or  air  contamination  exists  or that any code, rule or regulation has
  been disregarded or violated, whether or not a proceeding or action  may
  be  brought  by  the  state,  shall  not  create  by  reason thereof any
  presumption of law or finding of fact which shall inure to or be for the
  benefit of any person other than the state.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 7 - Scope and Construction › 19-0707 - Conflicting Laws.

§ 19-0707. Conflicting laws.
This  article  shall  not  be  construed  as repealing any of the laws
  relating to air pollution or air contamination which  are  not  by  this
  article  expressly repealed, but it shall be held and construed to be as
  ancillary to and supplementing the laws now in force, excepting as  they
  may be in direct conflict with this article.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 7 - Scope and Construction › 19-0709 - Local Laws, Ordinances and Regulations.

§ 19-0709. Local laws, ordinances and regulations.
Any  local  laws, ordinances or regulations of any governing body of a
  county, city, town or village  which  are  not  inconsistent  with  this
  article  or with any code, rule or regulation which shall be promulgated
  pursuant to this article shall not be superseded by it, and  nothing  in
  this  article  or  in  any  code,  rule  or  regulation  which  shall be
  promulgated pursuant to this article shall preclude  the  right  of  any
  governing  body  of a county, city, town or village to adopt local laws,
  ordinances or regulations which are not inconsistent with  this  article
  or with any code, rule or regulation which shall be promulgated pursuant
  to  this article provided, however, that the exercise of such right by a
  county shall relate only to the area thereof outside any  city,  village
  or  area of any town outside the village or villages therein during such
  time as such city,  village  or  town  has  local  laws,  ordinances  or
  regulations  consistent  with  this  article  or  with any code, rule or
  regulation which shall be promulgated  pursuant  to  this  article.  Any
  local laws, ordinances or regulations of a county, city, town or village
  which comply with at least the minimum applicable requirements set forth
  in  any  code,  rule  or regulation promulgated pursuant to this article
  shall be deemed consistent with this article or with any such code, rule
  or regulation.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 7 - Scope and Construction › 19-0711 - Separability Clause.

§ 19-0711. Separability clause.
If  any  clause,  sentence, paragraph, section or part of this article
  shall be adjudged by any court of competent jurisdiction to be  invalid,
  the  judgment  shall  not  affect, impair or invalidate the remainder of
  this article but shall be confined  in  its  operation  to  the  clause,
  sentence,  paragraph,  section  or  part  of  this article that shall be
  directly involved in the controversy in which such judgment  shall  have
  been rendered.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 9 - State Acid Deposition Control Act › 19-0909 - Interim Control Target.

§ 19-0909. Interim control target.
1. a. In the absence of a controlling federal statute or program which
  the commissioner determines is consistent with the purpose and intent of
  this  title,  the  department  shall  promulgate,  no later than January
  first, nineteen hundred eighty-six, an interim control  target  for  the
  control  of sulfate deposition at each sensitive receptor area where the
  environmental threshold value is exceeded,  and  rules  and  regulations
  necessary to implement such targets.
b.  Any  such  interim  control  target  promulgated  pursuant to this
  section  shall  take  effect  on   January   first,   nineteen   hundred
  eighty-eight,  and  all  facilities  and  stationary sources shall be in
  compliance with the interim control target by such date.
c. In connection with the promulgation of an interim  control  target,
  the  department  shall prepare an analysis of the economic impact of the
  implementation of such target.
2. The department shall not require or prohibit any particular control
  technique to achieve any such interim control target,  but  shall  allow
  the  use  of  any  or  all  reasonable  sulfur  dioxide emission control
  techniques, including but not limited to:
a. The substitution of lower sulfur content fossil fuels.
b. One or more combinations of blending various sulfur content  fossil
  fuels.
c. The precombustion cleaning of coal.
d.  The  conversion  or modification of an existing boiler to a boiler
  capable of burning a lower-sulfur content coal.
e. The use of  best  available  control  technology  at  the  time  of
  construction, reconstruction or substantial addition to or alteration of
  a facility or stationary source.
f. The installation of flue gas desulfurization equipment.
g. The installation of fluidized bed boilers.
h.  For  persons operating multiple boilers, the coordinated operation
  of these boilers to minimize the discharge of sulfur dioxide from them.
i. The use of least emissions dispatch.
j. The decommissioning of a facility or stationary source.
k. The purchasing of electricity or steam from another person,  so  as
  to  lessen  the  operation  of a facility or stationary source, provided
  such purchase does not contribute to a net increase in  acid  deposition
  in sensitive receptor areas.
l.  The  implementation  of energy conservation measures to lessen the
  amount of operation of a facility or stationary source.
2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 9 - State Acid Deposition Control Act › 19-0911 - Final Control Target.

§ 19-0911. Final control target.
1. a. In the absence of a controlling federal statute or program which
  the commissioner determines is consistent with the purpose and intent of
  this title, the department shall formulate, no later than January first,
  nineteen  hundred  ninety-one,  a  final  control  target to bring about
  reductions in the state's contribution to the total  sulfate  deposition
  at each sensitive receptor area.
b.  As  part  of  such determination, the commissioner shall provide a
  written analysis of any actions taken or being  contemplated  by  states
  that  border  on  or  are to the east of the Mississippi river or by the
  Canadian provinces of Ontario or Quebec and the potential  or  estimated
  effect  of  any  such  action  on  acid deposition in sensitive receptor
  areas.
c.  Any  such  final  control  target  formulated  pursuant  to   this
  subdivision   shall   be   submitted,   in   the   form  of  legislative
  recommendations, to the governor and the legislature.
2. The department shall not  adopt  or  implement  the  final  control
  target until such time as further specific statutory authorization shall
  have  been  enacted,  except  that  any  such final control target shall
  permit the  use  of  all  reasonable  sulfur  dioxide  emission  control
  techniques  as  identified in subdivision two of section 19-0909 of this
  title.