Section 477. Tax exemption for industrial waste treatment facilities  


Latest version.
  • 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 state board and shall contain such information as  the  state  board
      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.