N.Y. Environmental Conservation Law § 40-0121: Preemption and delegation

§ 40-0121. Preemption and delegation.

1. Any local law or ordinance which is inconsistent with any provision

of this article or any rule or regulation promulgated thereunder shall

be preempted.

2. Notwithstanding subdivision one of this section, the department may

approve and formally delegate the administration and enforcement of the

provisions of this article to any county or to any city with a

population of one million or more, provided that, upon written

application from such county or city, the department determines that the

local law or ordinance affords an equal or greater level of

environmental protection than is afforded by the requirements of this

article or of the rules and regulations promulgated thereunder. In

approving and delegating the activities provided for under this article,

the department shall set forth the terms and conditions of such approval

and delegation necessary to meet its responsibility under this article,

including the reservation of the right to take enforcement actions.

3. Notwithstanding any other provision of law, if a county, or a city

with a population of one million or more, has a local law or ordinance

which would be approvable under subdivision two of this section, except

with respect to enforcement or penalties for violations, such county or

city may, after being so notified in writing by the department, adopt a

local law or ordinance authorizing enforcement authority and penalty

provisions equivalent to those provided in title forty-three of article

seventy-one of this chapter.

4. Upon formal delegation, the delegated county or city may directly

assess and receive the fees authorized by section 40-0107 of this

article, provided that any such fees so received are used for the

purpose of administering and enforcing the provisions of the approved

local law or ordinance. In no event shall duplicate fees be assessed by

both the department and by any delegated county or city.