N.Y. Environmental Conservation Law § 37-0211
Violations
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2024
As of January 1, 2015
§ 37-0211. Reports.\n The department shall include a report on the effectiveness of this\ntitle as part of its annual solid waste management plan as required by\nsection 27-0103 of this chapter. The report shall contain a review of\nother toxic substances contained in packaging and recommend additions to\nthe list of hazardous ingredients set forth in this title in order to\nfurther reduce the toxicity of packaging waste, and shall contain a\nrecommendation whether to continue the recycling exemption as it is\nprovided for in subdivision three of section 37-0207 of this title, and\na description of the nature of the substitutes used in lieu of the lead,\nmercury, cadmium, or hexavalent chromium. The department may include\nrecommendations of the source reduction council of the conference of\nNorth-Eastern governors in the report. Recommendations made by the\ndepartment to eliminate toxic substances contained in packaging shall\ninclude a determination of whether the ingredient presents or will\npresent an unreasonable risk to health or the environment, based upon a\nrecognized risk assessment protocol and taking into account the\nmagnitude and severity of the harm against the benefits of the substance\nor mixture to society as well as the availability of substitutes for the\nsubstance or mixture and other adverse effects which such proposed\naction to eliminate such ingredient may have on society.\n
§ 37-0211. Violations.\n 1. A violation of any of the provisions of this title or any rule or\nregulation promulgated pursuant thereto shall be punishable in the case\nof a first violation, by a civil penalty not to exceed ten thousand\ndollars. In the case of a second and any further violation, the\nliability shall be for a civil penalty not to exceed twenty-five\nthousand dollars for each violation.\n 2. No manufacturer or distributor of a product shall be held in\nviolation of this title who can show that, in the purchase of a package\nor packaging component, he or she relied in good faith on the written\nassurance of the manufacturer of such packaging or packaging component\nthat such packaging or packaging component met the requirements of this\ntitle. Such written assurance shall take the form of a certificate of\ncompliance stating that a package or packaging component is in\ncompliance with the requirements of this title, provided however, where\ncompliance is achieved under an exemption provided in subdivision two or\nthree of section 37-0207 of this title, the certificate shall state the\nspecific basis upon which the exemption is claimed. The certificate of\ncompliance shall be signed by an authorized official of the\nmanufacturing or distributing company.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.