N.Y. Real Property Tax Law § 477: Tax exemption for industrial waste treatment facilities

§ 477. Tax exemption for industrial waste treatment facilities. 1.

Industrial waste treatment facilities which were constructed or

reconstructed in order to comply with the provisions of the

environmental conservation law and codes, rules, regulations, permits or

orders issued pursuant thereto shall be exempt from taxation to the

extent of any increase in value thereof by reason of such construction

or reconstruction.

2. Such industrial waste treatment facilities shall not be entitled to

any exemption from taxation unless such facilities have been certified

by the state commissioner of environmental conservation or his or her

designated representative, pursuant to section 17-0705 of the

environmental conservation law, as complying with applicable provisions

of the environmental conservation law, public health law, the state

sanitary code and regulations, permits or orders issued by such

commissioner pursuant to law.

3. Such exemption shall be applicable only to industrial waste

treatment facilities which were constructed or reconstructed subsequent

to May twelfth, nineteen hundred sixty-five.

4. Such exemption from taxation shall be granted only upon an

application made by the owner of such property on a form prescribed by

the commissioner and shall contain such information as the commissioner

shall require. Such application shall be filed with the assessor of the

city, town, village or county having the power to assess property for

taxation on or before the appropriate taxable status date of such city,

town, village or county. If the assessor is satisfied that the applicant

is entitled to an exemption pursuant to this section, he or she shall

approve the application and such industrial waste treatment facilities

shall be exempt from taxation and special ad valorem levies as herein

provided.

5. Such exempion from taxation shall be effective as of the first

taxable status date occurring subsequent to the approval of the

application for exemption by the assessor of the appropriate city, town,

village, or county.

6. The assessed value of any exemption granted pursuant to the

authority of this section shall be entered by the assessor on the

assessment roll with the taxable property, with the amount of the

exemption shown in a separate column.

7. The term "industrial waste treatment facilities" shall mean

facilities for the treatment, neutralization or stabilization of

industrial waste (as the term "industrial waste" is defined in section

17-0105 of the environmental conservation law) from a point immediately

preceding the point of such treatment, neutralization or stabilization

to the point of disposal, including the necessary pumping and

transmitting facilities, but excluding such facilities installed for the

primary purpose of salvaging materials which are usable in the

manufacturing process or are marketable.