N.Y. Environmental Conservation Law Section 70-0107
Rules and regulations

  • applicability
* 1. The department, after public hearing, shall adopt rules and regulations to assure the efficient and expeditious administration of this article. Such rules and regulations shall include but not be limited to provisions regarding notice, review, public participation and public hearings. * NB Effective until December 30, 2024 * 1. The department, after public hearing, shall adopt rules and regulations to assure the efficient and expeditious administration of this article. Such rules and regulations shall include but not be limited to provisions regarding notice, review, public participation and public hearings. * NB Effective December 30, 2024 2. Notwithstanding any inconsistent provisions of this chapter or any rule or regulation of the department, the procedures provided in this article and in rules and regulations adopted by the department pursuant to subdivision one of this section shall govern the review by the department of applications for permits for proposed projects and modifications, suspensions, revocations, renewals, reissuances and recertifications of permits under the regulatory programs of the department specified in subdivision three of this section. Such procedures shall also apply to any government entity to which the commissioner has delegated powers to administer such programs pursuant to § 3-0301 (General functions, powers and duties of the department and the commissioner)section 3-0301 of this chapter, to the extent specified in such delegation.

3.

The following regulatory programs of this chapter shall be subject to the procedures provided in this article:

(a)

protection of waters (title five of article fifteen);

(b)

water supply and water transport (title fifteen of article fifteen);

(c)

wild, scenic and recreational rivers system (title twenty-seven of article fifteen), except for that part of article twenty-four administered by the Adirondack park agency, which shall be subject to the procedures provided in Executive Law § 809 (Agency administration and enforcement of the land use and development plan)section eight hundred nine of the executive law;

(d)

certifications under section 401 of the federal water pollution control act amendments of 1972 (public law 92-500) pursuant to article 3 (Department of Environmental Conservation)article three of this chapter;

(e)

state pollutant discharge elimination system (title eight of article seventeen);

(f)

realty subdivisions: sewerage service (title fifteen of article seventeen);

(g)

air pollution control (article nineteen);

(h)

liquefied natural and petroleum gas (title seventeen of article twenty-three);

(i)

mined land reclamation (title twenty-seven of article twenty-three);

(j)

freshwater wetlands (article twenty-four), except for that part of article twenty-four administered by the Adirondack park agency, which shall be subject to the procedures provided in Executive Law § 809 (Agency administration and enforcement of the land use and development plan)section eight hundred nine of the executive law;

(k)

tidal wetlands (article twenty-five);

(l)

collection, treatment and disposal of refuse and other solid waste (article twenty-seven); and

(m)

coastal erosion hazard areas (article thirty-four).

Source: Section 70-0107 — Rules and regulations; applicability, https://www.­nysenate.­gov/legislation/laws/ENV/70-0107 (updated Mar. 10, 2023; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
Mar. 10, 2023

§ 70-0107’s source at nysenate​.gov

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