§ 19-0301 Powers and duties
§ 19-0302 Permits and certificates
§ 19-0303 Codes, rules and regulations
§ 19-0304 Burning of hazardous wastes
§ 19-0305 Commissioner; enforcement power
§ 19-0306 Municipal solid and regulated medical waste incineration facilities
§ 19-0306-A Personal watercraft emissions regulations
§ 19-0306-B Zero-emissions cars and trucks
§ 19-0307 Certificates of compliance for purposes of the Real Property Tax Law
§ 19-0309 Certificates of compliance for purposes of the Tax Law
§ 19-0311 Operating permit program for sources subject to federal Clean Air Act
§ 19-0312 Power plant emissions and performance standards
§ 19-0313 Small business stationary source technical and environmental compliance assistance program
§ 19-0315 Small business stationary source compliance advisory panel
§ 19-0317 Air program evaluation
§ 19-0319 Centrally fueled fleet program
§ 19-0320 Emissions inspections of heavy duty vehicles
§ 19-0321 Permits to construct and operate certain municipally sponsored major facilities
§ 19-0323 Use of ultra low sulfur diesel fuel and best available technology by the state
§ 19-0325 Sulfur reduction requirements
§ 19-0327 Bioheating fuel requirements
§ 19-0329 Certain fuel oil; prohibited
§ 19-0331 Moratorium on air permit issuance and renewal

Terms Used In New York Laws > Environmental Conservation > Article 19 > Title 3 - Powers and Duties

  • Act: means the Federal Clean Air Act, 42 U. See N.Y. Environmental Conservation Law 19-0107
  • Administrator: means the administrator of the United States environmental protection agency. See N.Y. Environmental Conservation Law 19-0107
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Air contaminant: means a dust, fume, gas, mist, odor, smoke, vapor, pollen, noise or any combination thereof. See N.Y. Environmental Conservation Law 19-0107
  • Air contamination: means the presence in the outdoor atmosphere of one or more air contaminants which contribute or which are likely to contribute to a condition of air pollution. See N.Y. Environmental Conservation Law 19-0107
  • Air contamination source: means any source at, from or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located or the facility, equipment or other property by which the emission is caused or from which the emission comes. See N.Y. Environmental Conservation Law 19-0107
  • Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristics and of a duration which are injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout the state or throughout such areas of the state as shall be affected thereby; excluding however all conditions subject to the requirements of the Labor Law and Industrial Code. See N.Y. Environmental Conservation Law 19-0107
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area of the state: means any county, city, town, village, or other geographical area of the state as may be designated by the department. See N.Y. Environmental Conservation Law 19-0107
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
  • Clean alternative fuels: means fuels, for use in motor vehicles which meet the requirements of section 7511a(c)(4) of the Act. See N.Y. Environmental Conservation Law 19-0107
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Covered fleet: means ten or more motor vehicles which are owned or operated by a single person in an area designated as being a severe ozone non-attainment area by the administrator pursuant to Title I of the Act. See N.Y. Environmental Conservation Law 19-0107
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • emission reduction credit: means the actual decrease in emissions of a regulated air contaminant in tons per year. See N.Y. Environmental Conservation Law 19-0107
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Minority leader: See Floor Leaders
  • offset: means emission reductions or emission reduction credits which are required to be obtained by an air contamination source in order to obtain approval for a permit to construct a new air contamination source, or modify an existing air contamination source, in a non-attainment area pursuant to Title I of the Act. See N.Y. Environmental Conservation Law 19-0107
  • Operating permit: means a permit issued pursuant to section 19-0311 of this article. See N.Y. Environmental Conservation Law 19-0107
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See N.Y. Environmental Conservation Law 19-0107
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. Environmental Conservation Law 19-0107
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Stationary source: means any building, structure, facility or installation that emits or may emit any regulated air contaminant. See N.Y. Environmental Conservation Law 19-0107
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.