§ 19-0705. Persons other than the state shall not acquire actionable

Terms Used In N.Y. Environmental Conservation Law 19-0705

  • 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 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
  • 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

rights.

The basis for proceedings or other actions that shall result from violations of any code, rule or regulation which shall be promulgated by the department pursuant to this article shall inure solely to and shall be for the benefit of the people of the state generally and it is not intended to create in any way new or enlarged rights or to enlarge existing rights. A determination by the commissioner that air pollution or air contamination exists or that any code, rule or regulation has been disregarded or violated, whether or not a proceeding or action may be brought by the state, shall not create by reason thereof any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the state.

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