reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 2 - Wetlands Inventory › 25-0202 - Moratorium on Alteration of Tidal Wetlands.

§ 25-0202. Moratorium on alteration of tidal wetlands.
1. No person shall alter the state of any tidal wetland or of any area
  immediately  adjacent to such wetland as the commissioner may reasonably
  deem necessary to preserve in  order  to  effectuate  the  policies  and
  provisions  of  this  act,  prior  to the effective date of the land-use
  regulations adopted by the commissioner pursuant to this act,  unless  a
  permit  for such alteration shall have been obtained pursuant to section
  15-0505 of the environmental conservation law. This moratorium shall not
  restrict in any way any summary action taken by the  commissioner  under
  section 71-0301 of the environmental conservation law.
2.  Any person, upon a showing of hardships caused by this moratorium,
  may petition the commissioner for a review of  the  application  of  the
  moratorium  to  any  tidal  wetland  or  any  area  immediately adjacent
  thereto.  Within  thirty  days  of  the  petition  being  received,  the
  commissioner  shall  provide  the  petitioner  and  any  other person an
  opportunity to be heard. Notice of such hearing shall be published in at
  least two newspapers having a general circulation in the area where  the
  wetlands  are located, and notice of such hearing shall also be given by
  registered mail to the chief administrative officer of each municipality
  within whose boundary any such wetland or portion thereof is located. If
  the proposed alterations of the tidal wetlands are not contrary  to  the
  policy  or  any  provision  of this act, the commissioner may permit the
  alteration to continue during the moratorium, provided  that  permission
  may  be  revoked  by the commissioner if its terms are violated and that
  the permission ends upon completion of the inventory  for  the  area  in
  which  the  affected wetlands are located, and provided further that any
  such hardship permit issued by the commissioner shall be in addition to,
  and not in lieu of, such permit or permits as may  be  required  by  any
  municipality  within  whose  boundary such wetland or portion thereof is
  located.
3. Within thirty days  after  such  permission  has  been  granted  or
  denied,  any  aggrieved person may seek judicial review of such decision
  pursuant to article seventy-eight of the civil practice law and rules in
  the supreme court for the county in which such wetlands are situated.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 3 - Program and Land-Use Regulation for Tidal Wetlands › 25-0301 - Program and Cooperative Agreements for the Protection of Tidal Wetlands.

§ 25-0301. Program  and  cooperative  agreements  for  the protection of
tidal wetlands.
1. Upon completion of the inventory with respect  to  tidal  wetlands,
  the  commissioner  shall  confer  with  the  local  government officials
  involved to establish  a  program  for  the  protection  of  such  tidal
  wetlands.
2.  The  commissioner  may  enter into cooperative agreements with any
  village, town, city or county, or with any one or more of them, for  the
  purpose of preserving, maintaining and enhancing, in accordance with the
  policies   of  this  act,  those  tidal  wetlands  included  within  the
  boundaries of such villages, towns, cities and counties.
3. A cooperative agreement with any such village, town, city or county
  may provide for the development  by  personnel  and  facilities  of  the
  department  of  environmental  conservation, or the payment out of funds
  appropriated for the purpose, of the cost of preserving, maintaining  or
  enhancing  such  tidal  wetlands in accordance with the policies of this
  act, and for the furnishing of such personnel, facilities  or  funds  as
  may be agreed upon within the cooperative agreement.
4.  The cooperative agreement shall provide that the tidal wetlands be
  preserved and maintained in their natural or enhanced  state,  provided,
  however,  that  a  reservation in any such agreement by a village, town,
  city or county of the right to operate or lease for operation  shellfish
  beds  lying  within  the area, and a reservation of the income from such
  operation or lease for the  village,  town,  city  or  county  shall  be
  allowed  and  not considered a violation of preservation and maintenance
  of a natural state.
5. This section shall  not  prevent  any  tidal  wetlands  from  being
  designated  as  portions  of the state's natural and historic preserves,
  nor shall it prevent the dedication of any such lands  as  state  parks.
  The office of parks and recreation shall outline to the commissioner its
  plans to preserve tidal wetlands in parklands as soon as practicable.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 3 - Program and Land-Use Regulation for Tidal Wetlands › 25-0302 - Land-Use Regulation of Tidal Wetlands.

§ 25-0302. Land-use regulation of tidal wetlands.
1.  Upon  completion  of  the  inventory  the commissioner shall adopt
  land-use regulations governing the uses of  said  inventoried  wetlands.
  In  preparing  such  regulations  the  commissioner  shall  be guided by
  factors including, but not limited to, the public policy  set  forth  in
  this  act  as  well as the present and potential value of the particular
  wetland for marine food production, as a wildlife habitat, as an element
  of flood and storm control, and as a source of recreation, education and
  research.  The commissioner shall determine  what  uses  of  inventoried
  wetlands  may  be  compatible  with  any or all of the foregoing, and he
  shall prepare such appropriate land-use regulations as may  permit  only
  such  compatible  uses.  These  regulations  shall  be  filed  with  the
  secretary of state and shall take effect thirty days after such  filing.
  A  copy  of  such  regulations shall also be simultaneously forwarded by
  certified mail to the chief administrative officer of each  municipality
  within whose boundary any such wetland or portion thereof is located. No
  permits  may be granted by any local body, nor shall any construction or
  activity take place at variance with these regulations.
2. The placing of any tidal wetlands under a land-use regulation which
  restricts its use shall be deemed  a  limitation  on  the  use  of  such
  wetlands  for the purposes of property tax valuation, in the same manner
  as if an easement or right had been acquired under the general municipal
  law. Assessment shall be based on  present  use  under  the  restricting
  regulation.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 4 - Regulated Activities › 25-0401 - Regulated Activities.

§ 25-0401. Regulated activities.
1.  After  completion  of  the inventory prescribed in title 2 of this
  article with respect to any tidal wetland, no person may conduct any  of
  the  activities set forth in subdivision 2 of this section unless he has
  obtained a permit from the commissioner to do so. The permit  issued  by
  the  commissioner  shall  be  in  addition  to, and not in lieu of, such
  permit or permits as may be required by any  municipality  within  whose
  boundary such wetland or portion thereof is located.
2.  Activities  subject  to  regulation  hereunder include any form of
  draining,  dredging,  excavation,  and  removal   either   directly   or
  indirectly,  of  soil, mud, sand, shells, gravel or other aggregate from
  any tidal wetland; any form of dumping, filling, or  depositing,  either
  directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,
  or  fill  of  any  kind;  the  erection  of any structures or roads, the
  driving of any pilings or placing of any other obstructions, whether  or
  not changing the ebb and flow of the tide, and any other activity within
  or  immediately adjacent to inventoried wetlands which may substantially
  impair or alter the natural condition of the tidal wetland area.
3. The depositing or removal of the  natural  products  of  the  tidal
  wetlands   by   recreational   or   commercial   fishing,  shellfishing,
  aquaculture, hunting or trapping,  shall  be  excluded  from  regulation
  hereunder, where otherwise legally permitted.
4.  Activities, orders, and regulations of the department of health or
  of units of local government with respect to matters  of  public  health
  shall  be  excluded  from  regulation  hereunder,  except as hereinafter
  provided. Copies of  all  such  public  health  orders  and  regulations
  affecting   tidal  wetlands  shall  be  filed  with  the  department  of
  environmental conservation. The commissioner may require modification of
  such orders or regulations if he deems it  necessary  to  implement  the
  policy of this act.
5. The commissioner shall review all current mosquito control projects
  to  determine  whether  they  are  having  any  adverse  impact on tidal
  wetlands. Where any adverse impact is found, the commissioner  following
  a  public hearing, may require modification of such projects if he deems
  it necessary to implement the policy of this act.
6. Where the dredging or filling is in the  navigable  waters  of  the
  state  or is for the reconstruction or repair of certain dams and docks,
  and where such activity also substantially affects tidal  wetlands,  any
  person  undertaking such activity must seek permission under this act as
  well as under any other applicable law.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 4 - Regulated Activities › 25-0402 - Application for Permits.

§ 25-0402. Application for permits.
1.  Any  person  proposing  to  conduct  or  cause  to be conducted an
  activity regulated under this act upon  any  inventoried  tidal  wetland
  shall  file  an  application for a permit with the commissioner, in such
  form and containing such information as the commissioner may  prescribe.
  The  applicant  shall have the burden of demonstrating that the proposed
  activity will be in complete accord with the policy  and  provisions  of
  this  act.  Such application shall include a detailed description of the
  proposed work and a map showing  the  area  of  tidal  wetland  directly
  affected,  with the location of the proposed work thereon, together with
  the names of the owners of  record  of  adjacent  lands  and  the  known
  claimants  of  water rights in or adjacent to the tidal wetlands of whom
  the applicant has notice. The commissioner shall cause a  copy  of  such
  application  to  be  mailed  to  the chief administrative officer in the
  municipality where the proposed work or any part of it is located.
2. 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  shall  govern  permit  applications,
  renewals, modifications, suspensions and revocations under this article.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 4 - Regulated Activities › 25-0403 - Granting of Permits.

§ 25-0403. Granting of permits.
1.  In  granting,  denying  or limiting any permit under this act, the
  commissioner shall consider the compatibility of the  proposed  activity
  with  reference  to  the  public  health  and welfare, marine fisheries,
  shellfisheries, wildlife, flood and hurricane and storm dangers, and the
  land-use regulations promulgated pursuant to  section  25-0302  of  this
  act.
2.  Notice  that  the state or any agency or subdivision thereof is in
  the process of acquisition of  any  tidal  wetlands  by  negotiation  or
  condemnation  shall  be  sufficient basis for denial of any permit under
  this section.
3. In granting a permit, the commissioner may impose  such  conditions
  or  limitations  as  may be necessary to carry out the public policy set
  forth in this act. The commissioner may require a bond in an amount  and
  with  surety  and  conditions  satisfactory to him securing to the state
  compliance with the conditions and limitations set forth in the permit.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 4 - Regulated Activities › 25-0404 - Judicial Review.

§ 25-0404. Judicial review.
Any   person   aggrieved  by  the  issuance,  denial,  suspension,  or
  revocation of a permit may within thirty  days  from  the  date  of  the
  commissioner's   order   seek   judicial   review  pursuant  to  article
  seventy-eight of the civil practice law and rules in the  supreme  court
  for  the county in which the tidal wetlands affected are located. In the
  event that the court may find that the determination of the commissioner
  constitutes the equivalent of a taking  without  compensation,  and  the
  land  so  regulated  otherwise meets the interest and objectives of this
  act it may, at the election of the commissioner, either  set  aside  the
  order  or require the commissioner to acquire the tidal wetlands or such
  rights in them as have been taken, proceeding under the power of eminent
  domain.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 4 - Regulated Activities › 25-0405 - Payments for Extractions From or Filling in Wetlands.

§ 25-0405. Payments for extractions from or filling in wetlands.
1.  Any  applicant  for  a permit to dredge, excavate, or remove soil,
  mud, sand, shells, gravel or other  aggregate  from  any  publicly-owned
  tidal  wetland shall be required to pay to the public owner thereof such
  amount, which shall not be nominal, as the office of general services or
  its local equivalent body  shall  determine  to  be  the  value  of  the
  aggregate extracted. Any person aggrieved by such determination may seek
  judicial  review pursuant to article seventy-eight of the civil practice
  law and rules in the supreme court for the county  in  which  the  tidal
  wetland is located.
2.  Any  applicant  for  a  permit to dump, fill, or deposit any soil,
  stones, sand, gravel, mud, rubbish, or fill of any kind onto or  in  any
  publicly-owned tidal wetlands shall be required to pay to the owner such
  amount, which shall not be nominal, as the office of general services or
  its  local  equivalent  shall  determine.  Any  person aggrieved by such
  determination may seek judicial review pursuant to article seventy-eight
  of the civil practice law and rules in the supreme court for the  county
  in which the tidal wetland is located.
3.  Monies  paid  to the state under this section shall be used by the
  commissioner for preservation of the tidal wetlands.
2023 New York Laws › ENV - Environmental Conservation › Article 25 - Tidal Wetlands › Title 6 - Miscellaneous Provisions › 25-0601 - Severability.

§ 25-0601. Severability.
The  provisions  of  this  act  shall be severable, and if any clause,
  sentence, paragraph, subdivision or part of this act shall  be  adjudged
  by  any  court  of  competent  jurisdiction to be invalid, such judgment
  shall not affect, impair or invalidate the remainder thereof, but  shall
  be  confined  in  its  operation  to  the  clause,  sentence, paragraph,
  subdivision or part thereof directly  involved  in  the  controversy  in
  which such judgment shall have been rendered.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 1 - Solid and Hazardous Waste Management Policy and Planning › 27-0101 - Legislative Purposes.

§ 27-0101. Legislative purposes.
1.  It  is  the purpose of the legislature of the state of New York in
  enacting  this  article  to  encourage  the  development  of  economical
  projects for the present and future collection, treatment and management
  of  solid  and  hazardous  waste  in  such  a manner as will assure full
  consideration of all aspects of planning for proper and effective  solid
  and  hazardous  waste disposal, coordinated, so far as practicable, with
  other  related  state,  regional  and  local  planning  activities,  and
  consistent  with  the  protection  of  the public health, including such
  factors as population change, urban and metropolitan  development,  land
  use  planning,  water  pollution  and  air  pollution  control,  and the
  feasibility of regional resource recovery programs.
2. It is furthermore the purpose of the legislature of  the  state  of
  New  York  to  effect  maximum  resource  recovery from solid waste on a
  cost-effective basis, with minimum environmental debit, energy-efficient
  materials recovery, prudent land  use,  maximum  economic  benefits  and
  maximum effective private sector participation, with due concern for the
  primacy  of  the local and regional role in resource recovery procedures
  upon the basis of public knowledge and consent.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 1 - Solid and Hazardous Waste Management Policy and Planning › 27-0105 - Preferred Statewide Hazardous Waste Management Practices Hierarchy.

§ 27-0105. Preferred  statewide  hazardous  waste  management  practices
hierarchy.
It is hereby declared that the  following  preferred  hazardous  waste
  management  practices  hierarchy  is  to  be used to guide all hazardous
  waste policies and decisions:
a. The generation of hazardous wastes is to be reduced  or  eliminated
  to the maximum extent practical;
b. Hazardous wastes that continue to be generated are to be recovered,
  reused or recycled to the maximum extent practical;
c.  Detoxification,  treatment  or  destruction technologies are to be
  utilized for hazardous wastes which cannot be reduced, recovered, reused
  or recycled; and
d. Land  disposal  of  industrial  hazardous  wastes,  except  treated
  residuals  posing  no  significant threat to the public health or to the
  environment, should be phased out as it is the least  preferable  method
  of industrial hazardous waste management.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 1 - Solid and Hazardous Waste Management Policy and Planning › 27-0106 - State Solid Waste Management Policy.

§ 27-0106. State solid waste management policy.
In  the  interest of public health, safety and welfare and in order to
conserve energy and  natural  resources,  the  state  of  New  York,  in
enacting this section, establishes as its policy that:
1.  The  following  are  the solid waste management priorities in this
state:
(a) first, to reduce the amount of solid waste generated;
(b) second, to reuse  material  for  the  purpose  for  which  it  was
originally intended or to recycle material that cannot be reused;
(c) third, to recover, in an environmentally acceptable manner, energy
from  solid waste that can not be economically and technically reused or
recycled; and
(d) fourth, to dispose of  solid  waste  that  is  not  being  reused,
recycled  or from which energy is not being recovered, by land burial or
other methods approved by the department.
2. State  government  must  make  an  essential  contribution  to  the
development  and  implementation  of  environmentally,  economically and
technically viable solid waste management  programs  through  fulfilling
its  responsibilities  to provide programs which promote waste reduction
and  the  expansion  of  markets  for   recovered   materials,   clearly
articulated,  responsive and consistently applied regulatory structures,
and a full  range  of  technical  assistance  to  local  governments.  A
state-local  partnership,  in  which  the  basic  responsibility for the
planning and operation of solid waste management facilities remains with
local  governments  and  the  state  provides  necessary  guidance   and
assistance, must be forged.
3.   This  policy,  after  consideration  of  economic  and  technical
feasibility,  shall  guide  the  solid  waste  management  programs  and
decisions of the department and other state agencies and authorities.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 1 - Solid and Hazardous Waste Management Policy and Planning › 27-0109 - State Assistance for Local Solid Waste Management Plans.

§ 27-0109. State assistance for local solid waste management plans.
1.  As  a  complement  to,  and  in  conjunction  with  the  technical
assistance  provided  pursuant  to  this  chapter,  and  to  foster  and
facilitate   local  planning,  a  planning  unit  may  apply  for  state
assistance for developing  solid  waste  management  plans  pursuant  to
section  27-0107 of this article or to update or revise an existing plan
to address the elements contained in paragraph (c) of subdivision one of
such section.
2. The commissioner is authorized to contract to make a  state  grant,
within  the limit of appropriation therefor, to any planning unit for up
to ninety percent of the costs to prepare, update or  revise  its  local
solid  waste  management plan; provided, however, that no such grant has
been previously made to a planning unit which is a part of or is  served
by  the  planning unit seeking such grant. A planning unit may receive a
grant pursuant to this subdivision which shall not exceed the greater of
twenty-five thousand dollars or one dollar  for  each  resident  of  the
planning unit, based upon the current federal decennial census.
3.  Applications  for such assistance shall outline the proposed scope
and timetable for preparation of the plan pursuant to section 27-0107 of
this article. In addition, the planning unit must demonstrate its intent
that the purpose of undertaking the plan is to develop a viable solution
to its solid waste management needs which cannot be achieved based on an
existing plan.
4. Payments authorized under this section for the preparation,  update
or revision of a plan shall be made as follows:
(a)  not  more  than fifty percent of the total grant upon approval by
the department of the grant request; and
(b) the balance of the total grant in not  more  than  three  periodic
payments for unreimbursed costs, as provided in the contract.
5.  The  commissioner  may,  in  the  commissioner's  discretion, deny
funding to a planning unit which is within the jurisdiction  of  another
planning unit or proposed planning unit.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 3 - Waste Transporter Permits › 27-0301 - Intent and Purpose.

§ 27-0301. Intent and purpose.
It  is  declared to be the intent and purpose of this title to protect
  the environment from mishandling  and  mismanagement  of  all  regulated
  wastes  transported  from the site of generation to the site of ultimate
  treatment, storage or disposal and to prevent a discharge of wastes into
  the environment, whether accidental or intentional,  except  at  a  site
  approved for the treatment, storage or disposal of such wastes.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 3 - Waste Transporter Permits › 27-0307 - Waste Transporter Permit Revocation Notifications.

§ 27-0307. Waste transporter permit revocation notifications.
After  the  issuance  of  an  order of suspension or revocation of the
  permit of a waste transporter, the department shall  publish  notice  of
  such  suspension  or  revocation  in  a newspaper or newspapers having a
  general circulation in the area or areas served by the permittee and  in
  the  environmental  notice  bulletin  published  by the department. Such
  notice shall include  a  statement  that  the  permittee  is  no  longer
  licensed or permitted to handle such waste. The department shall publish
  such  notice  once  each  week  for two consecutive weeks with the first
  publication to be completed on or before  the  fifteenth  day  following
  such revocation or suspension.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 4 - Marketing of Recyclable Materials › 27-0401 - Secondary Materials.

§ 27-0401. Secondary materials.
1.  As used in this article, "secondary materials" shall mean material
  recovered from or otherwise destined for the waste stream, including but
  not limited to, post-consumer material, industrial  scrap  material  and
  overstock  or  obsolete  inventories  from distributors, wholesalers and
  other companies as defined in rules and regulations promulgated  by  the
  commissioner   of   economic   development   in  consultation  with  the
  commissioner  but  such  term  does  not  include  those  materials  and
  by-products  generated  from,  and  commonly  reused within, an original
  manufacturing process.
2. For the purposes of this article, the department shall  assist  the
  department  of  economic  development  in conducting secondary materials
  market development programs pursuant to  article  six  of  the  economic
  development  law, as added by chapter six hundred fifteen of the laws of
  nineteen hundred eighty-seven, and other state agencies and  authorities
  conducting waste reduction and recycling programs.
3.  The department shall assist in providing consumer education on the
  economic and environmental benefits of solid waste management  practices
  and  the  concomitant  needs  for  waste  reduction and for consumers to
  actively seek consumer products which  contain  secondary  materials  or
  which are easily recycled or reused.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 4 - Marketing of Recyclable Materials › 27-0403 - Legislative Intent.

§ 27-0403. Legislative intent.
The  legislature  hereby  finds  and  declares  that  development  and
  implementation of local programs to conserve energy through sound  solid
  waste  management  efforts can be of broad benefit to the state. Through
  utilization of resource reuse and other programs, primary raw  materials
  can  be  conserved,  energy  savings  can be gained, the amount of waste
  disposed of in landfills can be reduced, and, through proper  management
  of  the  waste stream, improved operations at waste-to-energy facilities
  may be realized. In recognition of the potential benefits to be  accrued
  from implementing sound solid waste management programs, the legislature
  hereby  declares  that  a  program directed toward enhancing the state's
  resource reuse efforts will provide energy, economic  and  environmental
  benefits for New York state.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 5 - State Aid for Implementation of Resource Recovery and Other Improved Solid Waste Management Systems › 27-0505 - Powers and Duties of the Commissioner.

§ 27-0505. Powers and duties of the commissioner.
In  administering  and  enforcing  the  provisions  of this title, the
  commissioner shall:
1. make an estimate of funds or appropriations for inclusion  annually
  in the executive budget for state aid under this title including section
  27-0509 hereof;
2. receive applications for state aid in such form and containing such
  information as he may require;
3.  qualify  municipalities  for  state aid and advise them concerning
  such qualification;
4.  in  the  cases  of  collection  system  development  programs  and
  implementation  feasibility projects, approve the geographical scope and
  subject matter coverage thereof prior to commencement to work thereon;
5. approve prior to final payment the documents in  respect  to  which
  state aid has been sought;
6. approve vouchers for payment of state aid grants;
7.  adopt  guidelines  setting forth criteria by which to evaluate the
  eligibility and relative entitlement of municipalities for funding under
  this title; and
8. perform such other and further acts  and  promulgate  such  further
  rules and regulations as may be necessary, proper and desirable to carry
  out effectively the provisions of this title.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 5 - State Aid for Implementation of Resource Recovery and Other Improved Solid Waste Management Systems › 27-0507 - Powers of Municipalities.

§ 27-0507. Powers of municipalities.
Any municipality may:
1.  apply to and contract with the commissioner for state aid pursuant
  to this article;
2.  enter  into  contracts  for  consulting,  engineering  and   other
  professional  services  for  the  preparation of documents in respect to
  which state aid is to  be  sought  pursuant  to  this  title;  provided,
  however, the contract costs negotiated between the person or firm chosen
  to  perform  such  services  and  the applicant for state aid under this
  title shall be subject to the approval of the commissioner; and
3. expend money received from the state pursuant to  this  title  only
  for purposes consistent therewith.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 5 - State Aid for Implementation of Resource Recovery and Other Improved Solid Waste Management Systems › 27-0509 - Technical Assistance.

§ 27-0509. Technical assistance.
The  commissioner  shall prepare and distribute to municipalities, and
  may distribute to other persons, upon request, information  relevant  to
  the  source  separation  of  solid waste. The commissioner shall provide
  consultations to assist  in  the  development  of  programs  under  this
  section.  Such  technical  assistance  program shall include, but not be
  limited to:
1. classification of recyclable materials;
2. techniques for home sorting of solid waste;
3. collection  systems  for  separated  materials  which  promote  the
  efficiency of resource recovery facilities;
4.  use of compartmentalized sanitation vehicles to maintain collected
  materials in an uncontaminated condition;
5. identification of appropriate marketing specifications and  markets
  to  assist  persons  who  engage  in  preparing  recovered materials for
  market;
6. education and public  information  programs  which  include  source
  reduction and the relationship between solid waste and energy;
7.  projections of probable changes in the waste stream due to changes
  in population, industry and employment in the municipality;
8. model local law or ordinance to implement source separation; and
9. other relevant information for solid waste management.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 7 - Solid Waste Management and Resource Recovery Facilities › 27-0701 - Definitions.

§ 27-0701. Definitions.
As used in this title:
1.  "Solid  waste" means all putrescible and non-putrescible materials
  or substances discarded or rejected as being spent,  useless,  worthless
  or  in  excess  to  the owners at the time of such discard or rejection,
  except including but not limited  to  garbage,  refuse,  industrial  and
  commercial waste, sludges from air or water control facilities, rubbish,
  ashes,  contained  gaseous material, incinerator residue, demolition and
  construction debris, discarded automobiles and offal but  not  including
  sewage  and  other  highly diluted water carried materials or substances
  and those in gaseous form.
2. "Solid waste  management  facility"  means  any  facility  employed
  beyond  the  initial  solid  waste collection process including, but not
  limited to, transfer stations, baling facilities,  rail  haul  or  barge
  haul   facilities,   processing  systems,  including  resource  recovery
  facilities or other facilities for reducing solid waste volume, sanitary
  landfills, facilities for the disposal of  construction  and  demolition
  debris, plants and facilities for compacting, composting or pyrolization
  of  solid wastes, incinerators and other solid waste disposal, reduction
  or conversion facilities.
3. "Solid  waste  management"  means  the  purposeful  and  systematic
  transportation,  storage,  processing,  recovery  and  disposal of solid
  waste.
4. "Resource recovery" means the separation, extraction  and  recovery
  of  useable  materials,  energy  or heat from solid waste through source
  separation, recycling centers or other programs, projects or facilities.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 7 - Solid Waste Management and Resource Recovery Facilities › 27-0705 - Adoption of Rules and Regulations; Public Hearings.

§ 27-0705. Adoption of rules and regulations; public hearings.
A  rule  or regulation or any amendment or repeal thereof shall not be
  adopted until after public hearing thereon. Notice of such hearing shall
  be given at least sixty days prior to the scheduled date of the  hearing
  by  public advertisement in the area of the state concerned of the date,
  time, place and purpose of such hearing. At such hearing, opportunity to
  be heard shall be given to the  public.  A  rule  or  regulation  or  an
  amendment  or repeal thereof shall not become effective until sixty days
  after certified copies thereof shall have been filed with the  secretary
  of state.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 7 - Solid Waste Management and Resource Recovery Facilities › 27-0706 - Closure Requirements for Certain Landfills and Recycling Requirements for Certain Municipalities.

§ 27-0706. Closure  requirements  for  certain  landfills  and recycling
requirements for certain municipalities.
1. For the purpose of this section the term "landfill" shall have  the
same  meaning  as  such term is defined in subdivision twelve of section
27-0901 of this article.
2. a. This section shall apply to all landfills that:
(i) operated during nineteen hundred ninety-five;
(ii) did not have a valid permit to operate pursuant to  this  article
during such year; and
(iii)  accepted  for  disposal  an average of more than eight thousand
tons per day of solid waste during such year.
b. Notwithstanding any provision of law or order to the  contrary,  no
landfill  covered  by this section shall accept solid waste for disposal
after January first, two thousand two.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 7 - Solid Waste Management and Resource Recovery Facilities › 27-0711 - Local Laws, Ordinances and Regulations.

§ 27-0711. 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 title
  or with any rule or regulation which shall be  promulgated  pursuant  to
  this  title  shall not be superseded by it, and nothing in this title or
  in any rule or regulation which shall be promulgated  pursuant  to  this
  title  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 title or with any rule  or  regulation  which
  shall  be promulgated pursuant to this title 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 title or with
  any rule or regulation which  shall  be  promulgated  pursuant  to  this
  title. 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 rule or regulation promulgated pursuant to
  this title shall be deemed consistent with this title or with  any  such
  rule or regulation.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 7 - Solid Waste Management and Resource Recovery Facilities › 27-0712 - Coverage of All Vehicles, Including Barges Transporting Solid Waste.

§ 27-0712. Coverage of all vehicles, including barges transporting solid
waste.
1.  Legislative findings and intent. It is the purpose of this section
  to assure that solid waste management is conducted in a safe,  sanitary,
  efficient  and  environmentally  sound  manner throughout the state. The
  legislature finds and declares that current law and regulations have not
  always achieved this purpose. A  large  percentage  of  solid  waste  is
  transferred  and  transported  over water as well as by container truck.
  Some type of cover is necessary to protect against the spillage of waste
  and emission of  odors  during  its  transfer  and  transportation.  The
  legislature  further finds and declares that legislation is necessary to
  remedy this situation by requiring the responsible parties to cover such
  vehicles with devices which will accomplish the intent of this section.
2. A municipality or any individual, firm or corporation acting on its
  behalf or any other individual, firm or corporation shall not  cause  or
  permit any solid waste to be transported on any vehicle, barge, ship, or
  scow  unless  the  solid  waste  on the vehicle, barge, ship, or scow is
  covered provided, however, that putrescible waste  transported  by  rail
  shall  be  covered  with  sealing hard lids in a manner not inconsistent
  with Federal Railroad Administration  regulations,  and  non-putrescible
  waste  shipped  by  rail  shall  be  covered  with hard tarping securely
  fastened over the load, which shall not exceed the height of the side of
  the rail container, in a manner not inconsistent with  Federal  Railroad
  Administration regulations.
3.  The  department  shall  monitor and inspect such vehicles, barges,
  ships and scows transporting solid waste on a regular  basis  to  insure
  that  they  are  covered  and  in compliance with the provisions of this
  section.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 9 - Industrial Hazardous Waste Management › 27-0900 - Applicability.

§ 27-0900. Applicability.
It  is  the  purpose  of  this  title  to  regulate  the management of
  hazardous waste (from its generation, storage, transportation, treatment
  and disposal) in this state and to do so in a manner consistent with the
  Federal Solid Waste Disposal Act, as amended by public law  94-580,  the
  Resource  Conservation  and Recovery Act of 1976, and as further amended
  by public law 95-609, the Quiet Communities  Act  of  1978,  public  law
  96-463, the Used Oil Recycling Act of 1980, public law 96-482, the Solid
  Waste  Disposal Act Amendments of 1980, public law 98-616, the Hazardous
  and Solid Waste Amendments of 1984, public law 99-339, the Safe Drinking
  Water Act Amendments of 1986,  and  public  law  99-499,  the  Superfund
  Amendments  and  Reauthorization Act of 1986, hereinafter referred to as
  "RCRA". Nothing in this title shall authorize the department to adopt or
  amend any rule or regulation in a manner less stringent than provided in
  RCRA.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 9 - Industrial Hazardous Waste Management › 27-0903 - Identification and Listing of Hazardous Waste.

§ 27-0903. Identification and listing of hazardous waste.
1.   The   commissioner  shall  promulgate  regulations  in  a  manner
  consistent with the state administrative procedure  act,  setting  forth
  the  criteria  for identification and listing of hazardous wastes. Based
  on these criteria, the commissioner shall promulgate a list of hazardous
  wastes (which list shall also  include  a  sublist  of  acute  hazardous
  wastes)  and  shall  identify  hazardous  waste  by characteristic, in a
  manner at  least  as  stringent  as  promulgated  by  the  administrator
  pursuant to RCRA. The list of hazardous wastes and the identification of
  hazardous waste by characteristic shall determine those hazardous wastes
  which shall be subject to this title.
2.  Where appropriate and consistent with the provisions of RCRA, such
  regulations shall provide for exemptions from  the  provisions  of  this
  title  for  the  management  of  small  quantities  of  wastes listed or
  identified as hazardous when  generated  by  research  and  limited  use
  operations.
3.  The  regulations setting forth the criteria for identification and
  listing, and the list of, hazardous wastes subject to this title may  be
  amended by the commissioner from time to time as appropriate, based upon
  hazardous  waste  conditions  of  particular relevance to the state. The
  commissioner may promulgate the appropriately amended  regulations  only
  upon  a  showing  of  the circumstances constituting the hazardous waste
  conditions of particular relevance to this state, and then in  a  manner
  consistent with the state administrative procedure act.
4.   Uniform   treatment  of  waste.  All  waste  resulting  from  the
  exploration, development, extraction  or  production  of  crude  oil  or
  natural  gas,  including but not limited to drilling fluids and produced
  waters, shall be considered hazardous waste under the law of this  state
  and  subject  to  all  pertinent  generation, transportation, treatment,
  storage, and disposal laws and regulations,  if  such  waste  meets  the
  definition  of hazardous waste set forth in subdivision three of section
  27-0901 of this chapter. Within six months from the  effective  date  of
  this  subdivision,  the  department  shall make all necessary changes to
  bring its regulations into compliance with this section.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 9 - Industrial Hazardous Waste Management › 27-0905 - Manifest System.

§ 27-0905. Manifest system.
Not  later  than  six months after the promulgation of regulations for
  hazardous wastes pursuant to paragraph one of section  27-0903  of  this
  title,  and after consultation and coordination with the commissioner of
  transportation, the commissioner shall promulgate in a manner consistent
  with the state administrative procedure act, regulations establishing  a
  manifest  system  by  which  to monitor the transportation, storage, and
  disposal of hazardous waste and to assure that such acts  are  performed
  in  a  manner  consistent  with  this title. Such manifest systems shall
  conform to that adopted by the administrator  pursuant  to  RCRA.  Where
  appropriate and consistent with the provisions of RCRA, the commissioner
  may  provide  for  exemption from the provisions of this section for the
  transport of hazardous waste by  the  generator  from  one  facility  to
  another  owned  and  operated by the generator. As a minimum such system
  shall require that:
1. Hazardous waste generators use a  specified  form  identifying  the
  composition,  quantity  and  disposition  of  each shipment of hazardous
  waste;
2. Copies of manifest be carried during  transportation  of  hazardous
  waste; and
3. Hazardous waste generators, hazardous waste transporters and owners
  and  operators  of  hazardous  waste  treatment,  storage  and  disposal
  facilities maintain copies of manifest for at least three years.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 9 - Industrial Hazardous Waste Management › 27-0909 - Standards Applicable to Transporters of Hazardous Waste.

§ 27-0909. Standards applicable to transporters of hazardous waste.
Not later than eighteen months after the effective date of this title,
  and  after  consultation  and  coordination  with  the  commissioner  of
  transportation,  and  after  opportunity  for   public   hearings,   the
  commissioner  shall  promulgate  regulations establishing such standards
  which shall be applicable to transporters of hazardous waste  identified
  or  listed under this title, as may be necessary to protect human health
  and the environment. Such  standards  shall  include  but  need  not  be
  limited to requirements respecting:
1.  Recordkeeping  practices  that  accurately  identify the hazardous
  wastes transported, and their sources and delivery points;
2. Transportation and storage of such waste only if properly labeled;
3. Compliance with  the  manifest  system  established  under  section
  27-0905 of this title;
4.  Transportation  of  all such hazardous waste only to the hazardous
  waste treatment, storage, or disposal facility or facilities  which  are
  designated  on  the manifest form, a copy of which shall be presented to
  the generator prior to transportation, and which either  hold  operation
  permits  issued  under  this  article, are a permittee under the Federal
  Resource Conservation and Recovery Act of nineteen  hundred  seventy-six
  or  any  amendments  thereof, or are otherwise duly authorized to accept
  hazardous waste; and
5. Requirement of a bond to  meet  all  responsibilities  in  case  of
  release  of  hazardous  wastes  causing  damage  as  a  condition to the
  issuance of a permit to a transporter required by this title.
6. No vehicle, vehicle container, holding tank or other equipment used
  to transport hazardous waste shall be  used  in  transporting  any  item
  intended  for  human  or  animal  consumption  unless such waste and its
  residue have been completely removed. The commissioner shall  promulgate
  regulations establishing such minimum standards and procedures necessary
  to insure proper cleaning and removal of hazardous waste and its residue
  from such equipment.
2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 9 - Industrial Hazardous Waste Management › 27-0910 - Standards Applicable to Marketers of Hazardous Waste Fuel.

§ 27-0910. Standards applicable to marketers of hazardous waste fuel.
The  commissioner  shall promulgate regulations establishing standards
  applicable to any person who distributes or markets any  fuel  which  is
  produced from (a) facilities which produce a fuel (i) from any hazardous
  waste  identified or listed in the regulations promulgated under section
  27-0903 of this title or (ii) from any  such  hazardous  waste  and  any
  other  material,  or  (b)  any  fuel  which  otherwise contains any such
  hazardous waste.