N.Y. Environmental Conservation Law § 27-2509: Powers and duties of the commissioner

§ 27-2509. Powers and duties of the commissioner.

1. The commissioner shall have the power and the duty to adopt such

rules and regulations as he or she deems necessary for the

implementation of this title.

2. The commissioner may, at his or her discretion, grant an emergency

waiver to the provisions of section 27-2503 of this title on a case by

case basis to persons or entities involving acts of God, war, strike,

riot or other catastrophe as to which the negligence or willful

misconduct on the part of such person or entity was not the proximate

cause. The commissioner may adopt guidelines for applying for and

granting such waivers but in no case shall a waiver be deemed in effect

for any person or entity for more than one year without proper renewal.

3. The commissioner shall also have the authority to temporarily waive

the provisions of section 27-2503 of this title if he or she determines

such waiver to be necessary to meet the construction or reconstruction

needs as a result of a declared state of emergency.