§ 40-0121 — Preemption and delegation

§ 40-0121. Preemption and delegation.\n 1. Any local law or ordinance which is inconsistent with any provision\nof this article or any rule or regulation promulgated thereunder shall\nbe preempted.\n 2. Notwithstanding subdivision one of this section, the department may\napprove and formally delegate the administration and enforcement of the\nprovisions of this article to any county or to any city with a\npopulation of one million or more, provided that, upon written\napplication from such county or city, the department determines that the\nlocal law or ordinance affords an equal or greater level of\nenvironmental protection than is afforded by the requirements of this\narticle or of the rules and regulations promulgated thereunder. In\napproving and delegating the activities provided for under this article,\nthe department shall set forth the terms and conditions of such approval\nand delegation necessary to meet its responsibility under this article,\nincluding the reservation of the right to take enforcement actions.\n 3. Notwithstanding any other provision of law, if a county, or a city\nwith a population of one million or more, has a local law or ordinance\nwhich would be approvable under subdivision two of this section, except\nwith respect to enforcement or penalties for violations, such county or\ncity may, after being so notified in writing by the department, adopt a\nlocal law or ordinance authorizing enforcement authority and penalty\nprovisions equivalent to those provided in title forty-three of article\nseventy-one of this chapter.\n 4. Upon formal delegation, the delegated county or city may directly\nassess and receive the fees authorized by section 40-0107 of this\narticle, provided that any such fees so received are used for the\npurpose of administering and enforcing the provisions of the approved\nlocal law or ordinance. In no event shall duplicate fees be assessed by\nboth the department and by any delegated county or city.\n