§ 17-1017 — Preemption of local law

New York § 17-1017

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 10: Control of the Bulk Storage of Petroleum
• Art. 17: Water Pollution Control

Text

§ 17-1017. Preemption of local law.\n 1. Except as provided in subdivision two of this section, any local\nlaw or ordinance which is inconsistent with any provision of this title\nor any rule and regulation promulgated hereunder shall be preempted.\n 2. a. Any local law or ordinance of any county, or of any city of a\npopulation of one million or more, which is inconsistent with the\nprovisions of this title or any rules or regulations promulgated\nhereunder shall not be preempted if such local law or ordinance provides\nenvironmental protection equal to or greater than the provisions of this\ntitle or any rules or regulations promulgated hereunder, and such county\nor city files with the department a written declaration of its intent to\nadminister and enforce such local law or ordinance which is approved by\nthe commissioner in written findings which set forth the terms of such\napproval.\n b. When any county, or city of a population of one million or more,\nfiles with the department a written declaration of its intent to\nadminister and enforce such local law or ordinance which is approved by\nthe commissioner in written findings which set forth the terms of such\napproval, the department shall continue to administer and enforce any\nprovision of this title with respect to any public authority created\nunder the public authorities law and the public authority shall notify\nin writing any such county, or city of a population of one million or\nmore when the public authority registers or reregisters a facility with\nthe department.\n