N.Y. Environmental Conservation Law Section 71-2727
Enforcement of articles 27 and 71 of this chapter


1.

The commissioner, after investigation, notice and an opportunity to be heard, may issue, modify and revoke orders prohibiting violations of any of the provisions of article 27 or 71 or of any rule or regulation promulgated pursuant thereto and requiring the taking of such remedial measures as may be necessary or appropriate.

2.

The attorney general, on his own initiative, or at the request of the commissioner, may initiate any appropriate action or proceeding to enforce any provision of article 27 or 71 or any rule or regulation promulgated pursuant thereto and any order issued or penalty assessed pursuant to this title.

3.

a. The commissioner, after investigation, notice and an opportunity to be heard, may issue, modify and revoke orders requiring corrective action, including corrective action beyond the facility boundary where necessary to protect human health and the environment, for all releases of hazardous waste or constituents from any solid waste management unit at any treatment, storage or disposal facility which is either permitted or seeking a permit under title 7 or 9 of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article 27 of this chapter, regardless of the time at which waste was placed in such unit.

b.

Whenever on the basis of any information the commissioner determines that there is or has been a release of hazardous waste or constituents into the environment from a facility which has or has had interim status according to regulations adopted pursuant to title 7 or 9 of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article 27 of this chapter but which has not received a final status permit pursuant to such regulations, the commissioner may issue an order requiring corrective action or such other response measures as he deems necessary to protect human health or the environment.

Source: Section 71-2727 — Enforcement of articles 27 and 71 of this chapter, https://www.­nysenate.­gov/legislation/laws/ENV/71-2727 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

71‑2701
Applicability of title
71‑2702
Definitions
71‑2703
Violations of title 3 or 7 of article 27 of this chapter
71‑2705
Violations of titles 9, 11 and 13 of article 27 of this chapter
71‑2706
Enforcement of section 27-1311
71‑2707
Unlawful possession of hazardous wastes in the second degree
71‑2709
Unlawful possession of hazardous wastes in the first degree
71‑2710
Endangering public health, safety or the environment in the fifth degree
71‑2711
Endangering public health, safety or the environment in the fourth degree
71‑2712
Endangering public health, safety or the environment in the third degree
71‑2713
Endangering public health, safety or the environment in the second degree
71‑2714
Endangering public health, safety or the environment in the first degree
71‑2715
Unlawful dealing in hazardous wastes in the second degree
71‑2717
Unlawful dealing in hazardous wastes in the first degree
71‑2719
Presumptions
71‑2720
Exemption
71‑2721
Enforcement of Article 27 and this title
71‑2722
Enforcement of section 27-1701 of this chapter
71‑2723
Procedure for determining the amount of the cost of disposing of wastes or of restoring an area to its original state following a defenda...
71‑2724
Enforcement of title 21 of article 27
71‑2725
Disposition of penalties and fines
71‑2726
Payment of rewards for aid in apprehension and conviction of persons guilty of felony or misdemeanor
71‑2727
Enforcement of articles 27 and 71 of this chapter
71‑2728
Enforcement of title 27 of article 27 of this chapter
71‑2729
Enforcement of title 26 of article 27 of this chapter
71‑2730
Enforcement of title 30 of article 27 of this chapter

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 71-2727’s source at nysenate​.gov

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