Environmental Conservation Law of New York

A concise presentation of Chapter 43-B of the New York Consolidated Laws.

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This book is a concise presentation of Chapter 43-B of the New York Consolidated Laws. Environmental law impacts a broad range of human activity - for example, recreation, agriculture, land use, water rights, manufacturing, mining, and real estate development. Environmental Conservation Law of New York affords attorneys and other professionals the ability to understand and ensure compliance with these complex laws, all in one comprehensive volume. A table of legislative changes highlights new sections and amendments to the statutes, and a comprehensive index allows for quick, easy reference.

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Table of contents

CLS Consolidated Laws Affected by Laws of 2018


Article 1 General Provisions
Title 1 Declaration of Policy
Title 3 Short Title; General Definitions

Article 3 Department of Environmental Conservation; General Functions, Powers, Duties and Jurisdiction
Title 1 Department of Environmental Conservation
Title 3 General Functions, Powers, Duties and Jurisdiction

Article 5 [Repealed]

Article 6 State Smart Growth Public Infrastructure Policy Act

Article 7 Council of Environmental Advisers [Advisors]*

Article 8 Environmental Quality Review

Article 9 Land and Forests
Title 1 General Provisions
Title 3 Use of Lands and Forests
Title 5 Reforestation Areas
Title 7 Cooperative Forest Management Program
Title 8 Forest Resources Planning
Title 9 Recreation
Title 11 Forest Fire Control
Title 13 Forest Insect and Disease Control
Title 15 Removal of Trees and Protected Plants
Title 17 New York Invasive Species Council
Title 19 Township Forty Settlement Act
Title 21 Forest Preserve Health and Safety Land Account and Public Utility Improvements

Article 11 Fish and Wildlife
Title 1 Short Title; Definitions; General Provisions
Title 3 General Powers and Duties of the Department
Title 5 Fish and Wildlife Management Practices Cooperative Program; Prohibitions; Taking of Fish, Wildlife, Shellfish and Crustacea for Scientific or Propagation Purposes; Destructive Wildlife; Rabies Control; Guides; Endangered Species
Title 7 Hunting, Fishing and Trapping Licenses
Title 9 Hunting
Title 10 Falconry
Title 11 Trapping
Title 12 Hunting While Intoxicated
Title 13 Fishing
Title 15 Commercial Inland Fisheries
Title 17 Importation and Sale of Fish, Wildlife and Game from Outside the State; Sale of Domestic and Foreign Game and Hatchery Trout; Bird Plumage; Taxidermy
Title 19 Propagation; Shooting Preserves; Farm Fish Ponds; Fishing Preserves
Title 20 New York State Bird Conservation Area Program
Title 21 Conservation Areas and Facilities; Private Refuges and Posted Lands
Title 23 Administration of Fish and Wildlife Law
Title 25 Interstate Wildlife Violator Compact

Article 13 Marine and Coastal Resources
Title 1 General Provisions
Title 3 Marine Fisheries
Title 5 The Marine and Coastal District of New York Conservation, Education, and Research Grants Program
Title 7 Seagrass Protection Act

Article 14 New York Ocean and Great Lakes Ecosystem Conservation Act

Article 15 Water Resources
Title 1 Short Title; Statement of Policy; Definitions; General Provisions
Title 3 Powers and Duties
Title 5 Protection of Water
Title 6 Water Efficiency and Reuse
Title 7 Private Rights in Waters
Title 8 Regulation of Reservoir Releases
Title 9 Administrative Procedure for Article 15
Title 11 Local and Regional Water Resources Planning and Development
Title 13 Comprehensive Public Water Supply Studies and Reports
Title 15 Water Supply
Title 16 Great Lakes Water Conservation and Management [Repealed]
Title 17 Water Power
Title 19 Drainage
Title 21 River Regulation by Storage Reservoirs
Title 23 River Improvement
Title 25 Joint River Regulating, River Improvement and Drainage Improvement Districts
Title 27 Wild, Scenic and Recreational Rivers System
Title 29 Water Resources Management Strategy
Title 31 Groundwater Protection and Remediation Program
Title 33 Source Water Protection Projects

Article 16 Flood Control

Article 17 Water Pollution Control
Title 1 General Provisions and Public Policy
Title 3 Jurisdiction of the Department; Authority; Powers and Duties
Title 5 Prohibitions
Title 7 Permits and Certificates
Title 8 State Pollutant Discharge Elimination System
Title 9 Procedure
Title 10 Control of the Bulk Storage of Petroleum
Title 11 Scope and Construction; Other Remedies
Title 13 Approval of Marine Toilet Pollution Control Devices and Establishing Effluent Standards Therefor
Title 14 Nonpoint Source Water Pollution Control
Title 15 Realty Subdivisions: Sewerage Service
Title 17 Discharge of Sewage into Waters
Title 19 State Aid: Collection, Treatment, and Disposal of Sewage
Title 21 Nutrient Runoff

Article 19 Air Pollution Control
Title 1 Short Title; Declarations of Policy and Purpose; Definitions
Title 3 Powers and Duties
Title 5 Procedure
Title 7 Scope and Construction
Title 9 State Acid Deposition Control Act
Title 11 Vehicle Global Warming Index Labels

Article 20 [Reserved]

Article 21 Pollution Control Compacts
Title 1 New England Interstate Water Pollution Control Compact
Title 3 Ohio River Valley Water Sanitation Compact
Title 5 Tri-State Compact and Interstate Environmental Commission
Title 7 Delaware River Basin Compact
Title 9 Great Lakes Basin Compact
Title 10 Great Lakes-St. Lawrence River Basin Water Resources Compact
Title 11 Champlain Basin Compact
Title 13 Susquehanna River Basin Compact
Title 15 Mid-Atlantic States Air Pollution Control Compact
Title 17 Delaware River Basin Water Commission Compact

Article 22 Mining of Uranium

Article 23 Mineral Resources
Title 1 Definitions
Title 3 General Provisions
Title 5 Well Permits and Well Spacing in Oil and Natural Gas Pools and Fields
Title 7 Voluntary Integration and Unitization in Oil and Natural Gas Pools and Fields
Title 9 Compulsory Integration and Unitization in Oil and Natural Gas Pools and Fields
Title 11 Leases for Production and Storage of Oil and Gas on State Lands
Title 13 Underground Storage of Gas
Title 15 [Repealed]
Title 17 Liquefied Natural and Petroleum Gas
Title 19 Oil, Gas and Solution Mining Regulation and Reclamation Fee
Title 21 Interstate Compact to Conserve Oil and Gas
Title 23 Rerefining of Used Oil
Title 24 New York State Oil Energy Conservation Program
Title 27 New York State Mined Land Reclamation Law

Article 24 Freshwater Wetlands
Title 1 General Provisions and Public Policy
Title 3 Freshwater Wetlands Studies; Notification and Maps
Title 5 Local Implementation
Title 7 Freshwater Wetlands Regulations
Title 8 Regulation of Wetlands in the Adirondack Park
Title 9 Freshwater Wetlands Preservation Program
Title 11 [Repealed]
Title 13 Miscellaneous Provisions

Article 25 Tidal Wetlands
Title 1 General Provisions and Public Policy
Title 2 Wetlands Inventory
Title 3 Program and Land-use Regulation for Tidal Wetlands
Title 4 Regulated Activities
Title 5 [Repealed]
Title 6 Miscellaneous Provisions

Article 27 Collection, Treatment and Disposal of Refuse and Other Solid Waste
Title 1 Solid and Hazardous Waste Management Policy and Planning
Title 3 Waste Transporter Permits
Title 4 Marketing of Recyclable Materials
Title 5 State Aid for Implementation of Resource Recovery and Other Improved Solid Waste Management Systems
Title 7 Solid Waste Management and Resource Recovery Facilities
Title 9 Industrial Hazardous Waste Management
Title 10 Litter and Solid Waste Control
Title 11 Industrial Siting Hazardous Waste Facilities
Title 12 Mitigation and Remediation of Certain Solid Waste Sites and Drinking Water Contamination
Title 13 Inactive Hazardous Waste Disposal Sites
Title 14 Brownfield Cleanup Program
Title 15 Storage, Treatment, Disposal and Transportation of Regulated Medical Waste
Title 17 Lead-Acid Battery Recycling
Title 18 Rechargeable Battery Recycling
Title 19 Waste Tire Management and Recycling
Title 21 Mercury-Added Consumer Products
Title 23 *Vehicle Dismantling Facilities
Title 23 *Wireless Telephone Recycling
Title 24 Environmental Tests Reporting Requirements
Title 25 Phase-Out of Creosote
Title 26 Electronic Equipment Recycling and Reuse
Title 27 **Drug Management and Disposal
Title 27 **Plastic Bag Reduction, Reuse And Recycling
Title 29 Mercury Thermostat Collection Act

Article 28 Pollution Prevention

Article 29 Low-Level Radioactive Waste Facilities
Title 1 Siting
Title 3 Commission for Siting Low-Level Radioactive Waste Disposal Facilities
Title 5 Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection
Title 7 Financial Assurance

Article 33 Pesticides
Title 1 Definitions
Title 3 General Provisions
Title 5 Testing of Pesticide Samples
Title 7 Registration of Pesticides
Title 9 Permits and Certification
Title 9-A Special Permits and Certification for Commercial Application of Aquatic Antifouling Paints
Title 10 Special Requirements for Commercial and Residential Lawn Applications
Title 11 Protection of Grape Growing Areas
Title 12 Pesticide Sales and Use Data Base and Recordkeeping and Reporting
Title 13 Unlawful Acts
Title 15 Seizure

Article 34 Coastal Erosion Hazard Areas

Article 35 Detergents and Other Household Cleansing Products

Article 36 Participation in Flood Insurance Programs

Article 37 Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment
Title I Substances Hazardous to the Environment
Title II Hazardous Packaging
Title 3 Government Agency Reporting of Toxic Chemical Releases
Title 5 Bisphenol A

Article 38 Chlorofluorocarbon Compounds

Article 39 Sewage System Cleaners and Additives Used in Restricted Geographical Areas

Article 40 Hazardous Substances Bulk Storage Act

Article 41 Powers and Duties of the Department Applicable Only to the Sixth Park Region

Article 42 Historic Hudson-Hoosic Rivers Partnership

Article 43 Lake George Park Commission

Article 44 Hudson River Valley Greenway

Article 45 State Nature and Historical Preserve Trust

Article 46 Albany Pine Bush Preserve Commission

Article 47 County and Regional Environmental Management Councils

Article 49 Protection of Natural and Man-Made Beauty
Title 1 Natural and Man Made Beauty
Title 2 State Land Acquisition
Title 3 Conservation Easements

Article 51 Implementation of Environmental Quality Bond Act of 1972
Title 1 General Provisions
Title 3 Water Quality Improvement Projects
Title 5 Air Quality Improvement Projects
Title 7 Land Preservation and Improvement Projects
Title 9 Solid Waste Recovery and Management
Title 11 Park Lands Preservation Projects

Article 52 Implementation of Environmental Quality Bond Act of 1986
Title 1 General Provisions
Title 3 Hazardous Waste Site Remediation Projects
Title 5 [Repealed]
Title 7 Land Acquisition, Preservation and Improvement Projects
Title 9 Historic Preservation, Municipal Park and Urban Cultural Parks Projects

Article 53 Tree Conservation and Urban Forestry
Title 1 Tree Conservation
Title 3 Urban Forestry Programs

Article 54 Environmental Protection Act
Title 1 General Provisions
Title 2 [Omitted]
Title 3 Open Space Land Conservation Projects
Title 4 [Omitted]
Title 5 Non-Hazardous Municipal Landfill Closure Projects and Municipal Landfill Gas Management Projects
Title 6 [Omitted]
Title 7 Municipal Waste Reduction or Recycling Projects
Title 8 [Omitted]
Title 9 Park, Recreation and Historic Preservation Projects
Title 11 Local Waterfront Revitalization Plans and Coastal Rehabilitation Projects
Title 13 Long Island Central Pine Barrens Area and South Shore Estuary Reserve Planning
Title 15 Climate Smart Community Projects

Article 55 Sole Source Aquifer Protection

Article 56 Implementation of The Clean Water/Clean Air Bond Act of 1996
Title 1 General Provisions
Title 2 Safe Drinking Water Projects
Title 3 Clean Water Projects
Title 4 Solid Waste Projects
Title 5 Environmental Restoration Projects
Title 6 Air Quality Projects

Article 57 Long Island Pine Barrens Maritime Reserve Act
Title 1 Long Island Pine Barrens Maritime Reserve Act
Title 2 Peconic Bay Region Watershed Protection Act

Article 70 Uniform Procedures

Article 71 Enforcement
Title 1 Effect of the Penal Law and Criminal Procedure Law
Title 2 General Law Enforcement Provisions
Title 3 Summary Abatement
Title 4 Delegation of Enforcement
Title 5 Enforcement of Provisions Derived From Former Conservation Law
Title 7 Enforcement of Article 9
Title 9 Enforcement of Articles 11 and 13—The Fish and Wildlife Law
Title 11 Enforcement of Article 15
Title 12 Enforcement of Article 22
Title 13 Enforcement of Article 23
Title 15 *Enforcement of Title 3 of Article 27 [Repealed]
Title 15 *Enforcement of Title 25 of Article 27
Title 17 Enforcement of Provisions Derived from Public Health Law
Title 19 Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids
Title 21 Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations
Title 22 Enforcement of Title 23 of Article 23
Title 23 Enforcement of Article 24
Title 25 Enforcement of Article 25
Title 27 Enforcement of Article 27 and Article 71
Title 29 Enforcement of Article 33
Title 31 Enforcement of Article 35
Title 33 Enforcement of Article 43
Title 35 Miscellaneous Enforcement Provisions
Title 36 Environmental Easements
Title 37 Enforcement of Article 37
Title 38 Enforcement of Article 38
Title 39 Enforcement of Article 39
Title 40 Other General Provisions
Title 41 Enforcement of Article 72
Title 43 Enforcement of Article 40
Title 44 Enforcement of Title 15 of Article 27

Article 72 Environmental Regulatory Program Fees
Title I[1] *Declaration of Policy; Definitions
Title 2 Annual Program Costs and Fees
Title 3 Air Quality Control Program Fee
Title 4 Hazardous Waste Program Fee
Title 5 Waste Transporter Program Fee
Title 6 State Pollutant Discharge Elimination System Program Fee
Title 7 Water Transport Permit Program Fee
Title 10 Mined Land Reclamation Program Fees

Article 73 New York State Canal Flood Mitigation Task Force


*Bracketed language inserted by the Publisher.
*There are two Titles 23.
**There are two Titles 27.
*There are two Titles 15.
*Bracketed language inserted by the Publisher.