Section 71-2720. Exemption  


Latest version.
  • 1.  For  activities  requiring  a  New  York state or federal license,
      permit  or  certificate  or  which  are  subject  to  an  order  of  the
      commissioner   or   the   administrator  of  the  federal  environmental
      protection agency, the provisions of sections 71-2707 through 71-2714 of
      this chapter shall not apply to persons who possess and whose conduct is
      subject to  and  in  compliance  with  such  a  valid  license,  permit,
      certificate  or  order  or  to  persons  whose  conduct has been granted
      interim status pursuant to the  federal  solid  waste  disposal  act  as
      amended by the resource conservation and recovery act of 1976 (42 U.S.C.
      sec.  6901  et  seq.)  or  pursuant to article 27 of this chapter or the
      rules and regulations promulgated thereunder.
        2. In addition, no person who meets the requirements for an  exemption
      from  a  New York state or federal license, permit, certificate or order
      shall be deemed in violation of sections  71-2707  through  71-2714  for
      engaging  in  conduct  which  would  otherwise  require  such a license,
      permit, certificate or order.
        3. No officer or employee of a municipal corporation shall  be  deemed
      in  violation of sections 71-2707 through 71-2714 of this chapter if the
      possession or release was caused by such officer or employee pursuant to
      the reasonable exercise  of  his  or  her  official  powers,  duties  or
      functions on behalf of such corporation.