Section 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.