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of section 72-0601 of such law, as added by laws of nineteen hundred eighty-three, is amended

§ 13. Subdivision one chapter fifteen of the to read as follows:

1. "Facility" means any establishment for which a general permit has been issued pursuant to subdivision six of section 70-0117 of this chapter or any industrial, municipal or private/commercial/institutional (P/C/I) establishment, or any vessel for which a permit is required der titles seven and eight of article seventeen of this chapter.

un

§ 14. Subdivision n of section 72-0602 of such law, as added by chapter fifteen of the laws of nineteen hundred eighty-three, is amended read as follows:

to

n. $15,000.00 for municipal facilities discharging at an average daily rate of 40,000,000 gallons or more[.]; § 15. Section 72-0602 of such law is amended by adding two new subdivisions o and p to read as follows:

o.

$100.00 for any facility having a permit to discharge or discharging ballast no more than 1,000,000 gallons in any twenty-four hour period;

P. $500.00 for any facility having a permit to discharge or discharging ballast in excess of 1,000,000 gallons in any twenty-four hour period.

§ 16. Article seventy-two of such law is amended by adding a new title seven to read as follows:

TITLE 7

WATER TRANSPORT PERMIT PROGRAM FEE

Section 72-0701. Definitions.

72-0702. Water transport permit program fee.

§ 72-0701. Definitions.

When used in this title:

1. "Facility" means any stationary or movable intake mechanism for the withdrawal of fresh water. For the purposes of this title multiple intake mechanism on shoreline facilities or vessels shall be considered as part of one facility.

2. "Water transport permit" means a permit required by section 15-1506 of this chapter.

§ 72-0702. Water transport permit program fee.

All persons and public corporations required to obtain a water transport permit pursuant to section 15-1506 of this chapter shall submit to the department a fee for each facility equal to one hundred dollars per million gallons of fresh water withdrawn or transported pursuant to such permit.

§ 17. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of this act, and the application of such provisions to other persons or circumstances shall not be affected thereby.

§ 18. This act shall take effect eighty-five.

August first, nineteen hundred

CHAPTER 357

AN ACT to amend the agriculture and markets law, in relation to the sale of kosher meat and food products

Became a law July 19, 1985, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision one of section two hundred one-a of the agriculture and markets law, as amended by chapter three hundred eighty-two EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

of the laws of nineteen hundred seventy-seven, is amended to read as follows:

raw or

to

1. A person who, with intent to defraud, sells or exposes for sale any meat or meat preparations, article of food or food products, and falsely represents the same to be kosher or kosher for Passover, whether such meat or meat preparations, article of food or food products, be prepared for human consumption, or as having been prepared under, and of a product or products sanctioned by, the orthodox Hebrew religious requirements, either by direct statement orally, or in writing, which might reasonably be calculated to deceive or lead a reasonable man believe that a representation is being made that such food is kosher or prepared in accordance with the orthodox Hebrew religious requirements, or falsely represents any food products or the contents of any package or container to be so constituted and prepared by having or permitting to be inscribed thereon the word "kosher" or "kosher-style" in any language; or sells or exposes for sale a non-kosher meat or meat preparation, or food or food product, which is labeled or advertised with the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression, unless the word "nonkosher" is displayed in English letters, of at least the same size as the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression; or sells or exposes for sale in the same place of business both kosher and non-kosher meat or meat preparations, or both kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to indicate on his window signs and all display advertising, in block letters at least four inches in height, "kosher and non-kosher meat sold here", or "kosher and non-kosher food sold here"; or who exposes for sale in any show window or place of business both kosher and non-kosher meat or meat preparations, or kosher and non-kosher food or food products either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least four inches in height reading "kosher meat" or "nonkosher meat", as the case may be, or kosher food" or "non-kosher food", as the case may be, or who displays on his window, door, or in his place of business, or in hand-bills or other printed matter distributed in outside of his place of business, words or letters in Hebraic characters other than the word "kosher", or any sign, emblem, insignia, six-pointed star, symbol, or mark in simulation of same, without displaying in conjunction therewith in English letters of at least the same size as such characters, signs, emblems insignia, symbols, or marks, the words "we sell kosher meat and food only" or "we sell non-kosher meat and food only", or "we sell both kosher and non-kosher meat and food", as the case may be, is guilty of a class A misdemeanor, except that a person who with intent to defraud sells or exposes for sale on premises any meat or meat preparations and falsely represents the same to be kosher or kosher for Passover, provided said meat or meat preparations in violation has a retail value in excess of five thousand dollars, whether such meat or meat preparations be raw or prepared for human consumption, is guilty of a class E felony. Possession of non-kosher meat and food, in any place of business advertising the sale of kosher meat and food only, is presumptive evidence that the person in possession exposes same for sale with intent to defraud, in violation of the provisions of this section.

or

the

§ 2. Subdivision one of section two hundred one-b of such law, as amended by chapter forty-eight of the laws of nineteen hundred seventysix and as designated by chapter one hundred thirty-nine of the laws of nineteen hundred eighty-four, is amended to read as follows:

1. A person who, with intent to defraud, sells or exposes for sale in any hotel, restaurant, or other place where food products are sold for consumption on or off the premises any meat or meat preparations, article of food or food products, and falsely represents the same to be kosher or kosher for Passover, whether such meat or meat preparations, article of food or food products be raw or prepared for human consumption, or as having been prepared under, and of a product or products sanctioned by, the orthodox Hebrew religious requirements, either by direct statement orally, or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that

representation is being made that such food is kosher or prepared in accordance

with the orthodox Hebrew religious requirements, or falsely represents any food product or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed thereon the word "kosher" or "kosher-style" in any language; or sells or exposes for sale a non-kosher meat or meat preparation, or food or food product which is labeled or advertised with the words "Jewish" or Hebrew", either alone or in conjunction with the words "style" or "type" ότι any similar expression, unless the word "non-kosher" is displayed in English letters, of at least the same size as the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression; or sells or exposes for sale in the same place of business both kosher and non-kosher meat or meat preparations, or both kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to indicate on his window signs and all display advertising, in block letters at least four inches in height, "kosher and non-kosher food sold here", or who exposes for sale in any show window or place of business both kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to display over each kind of food or food preparation so exposed a sign in block letters at least four inches in height reading "kosher food" or "non-kosher food" as the case may be, or who displays on his window, door, or in his place of business, or in handbills or other printed matter distributed in or outside of his place of business, words or letters in Hebraic characters other than the word "kosher", or any sign, emblem, insignia, six-pointed star, symbol, mark in simulation of same, without displaying in conjunction therewith in English letters of at least the same size as such characters, signs emblems, insignia, symbols, or marks the words "We sell kosher food only," or "We sell non-kosher food only," or "We sell both kosher and non-kosher food", as the case may be, is guilty of a misdemeanor, except that a person who with intent to defraud sells or exposes for sale on premises any meat or meat preparations and falsely represents the same to be kosher or kosher for Passover, provided said meat or meat preparations in violation has a retail value in excess of five thousand dollars, whether such meat or meat preparations be raw or prepared for human consumption, is guilty of a class E felony. Possession of nonkosher food, in any place of business advertising the sale of kosher food only, is presumptive evidence that the person in possession exposes the same for sale with intent to defraud, in violation of the provisions

of this section.

or

§ 3. Section two hundred one-d of such law, as amended by chapter five hundred ninety-six of the laws of nineteen hundred eighty-four, is amended to read as follows:

§201-d. Violations and penalties. Any violation of any of the provisions of section two hundred one-a, two hundred one-b, [or] two hundred one-c or two hundred one-e of this chapter shall to a class A misdemeanor [punishable by imprisonment in a penitentiary, or county jail, for not more than one year, or by a fine of not more than one thousand dollars, or by both], except that a person who with intent to defraud sells or exposes for sale on premises any meat or meat preparations and falsely represents the same to be kosher or kosher for Passover, provided said meat or meat preparations in violation has a retail value in excess of five thousand dollars, whether such meat or meat preparations be raw or prepared for human consumption, is guilty of a class E felony. Where any person has previously been convicted of a violation of section two hundred one-a, two hundred one-b, or two hundred one-c of this chapter within the preceding ten years, upon conviction for a second or subsequent violation such person may be fined up to ten thousand dollars in addition to any other penalties provided by law.

§ 4. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

CHAPTER 358

AN ACT establishing the Long Island regional ashfill board and making an appropriation to the New York state environmental facilities corporation to assist such board in selecting a regional ashfill and performing related activities

Became a law July 19, 1985, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Legislative findings. The legislature finds that the disposal of solid waste, both raw and treated, is a responsibility facing all towns and cities in the counties of Nassau and Suffolk. Chapter two hundred ninety-nine of the laws of nineteen hundred eighty-three mandates a phasing out of the practice of landfilling raw garbage as the principal method for the disposal of municipal solid waste on Long Island and prohibits the establishment of new landfills in areas located above certain hydrogeologic zones determined to be critical to the recharge of the primary aquifer which supplies water to the residents of Nassau and Suffolk counties. Such chapter designates resource recovery as the preferred alternative to landfilling for Long Island.

As the transition toward resource recovery progresses, a regional ash disposal site is necessary in order to facilitate this orderly

transition.

Consistent with the declared policy of the state to protect the safety and adequacy of the drinking water supply of Long Island from the environmental threats posed by the disposal of untreated solid waste in landfills, the legislature finds that state action is necessary to sist in establishing a process to designate a site for a regional ash disposal facility.

as

The legislature finds that the disposal or disposition of the ash residue is an appropriate role of private firms regulated by the state and that such firms can undertake such activity with private capital.

It is, therefore, the intention of the legislature through this act to initiate a process that will assure local decision-makers the primary role in the designation of an environmentally acceptable site, that such site shall be acquired or condemned pursuant to the provisions of law, that the legislature shall review and recommend any appropriation as may be necessary for such acquisition or condemnation in the nineteen hundred eighty-six-eighty-seven budget, and that the legislature shall not consider an appropriation to acquire or condemn a site other than that site designated by this process.

§ 2. The Long Island regional ashfill board or the New York state environmental facilities corporation shall designate a site, pursuant to section three of this act, for a Long Island regional ashfill, hereinafter referred to as the "ashfill", which shall be a landfill in the counties of Nassau or Suffolk which may accept ash or other residue from resource recovery, incineration or other approved treatment processes and other wastes consistent with the provisions of section 27-0704 of the environmental conservation law.

The design, construction, maintenance, operation and closure of the ashfill authorized by this act shall be in accordance with the criteria and restrictions established pursuant to title seven of article twentyseven of the environmental conservation law and any other conditions the commissioner of environmental conservation may determine to be necessary to mitigate any adverse environmental impacts to the maximum extent practicable. The ashfill authorized by this act shall continue in operation after full implementation of resource recovery systems by persons affected by section 27-0704 of the environmental conservation law according to schedules approved or imposed by the commissioner of environmental conservation and shall not otherwise be required to cease operation or un; dergo closure by virtue of any time limitations, any provisions of such section to the contrary notwithstanding.

§ 3. Long Island regional ashfill board. 1. a. A Long Island regional ashfill board is hereby established, hereinafter referred to as the board. The board shall consist of thirteen members, including the commissioners of environmental conservation, health and commerce or their

designees, and ten ad hoc members of whom two shall be appointed_by_the governor, three each by the Nassau county executive and the Suffolk county executive, one by the minority members of the Nassau county board of supervisors, and one by the minority leader of the Suffolk county legislature. Of the three members appointed by the Nassau county executive, one shall be an elected official or employee of the county, one shall be an elected official or employee of a town or city within the county, and one shall be a person who is registered to vote at an address within the county. Of the three members appointed by the Suffolk county executive, one shall be an elected official or employee of the county, one shall be an elected official or employee of a town within the county, and one shall be a person who is registered to vote at an address within the county.

b. All ad hoc members of the board shall be residents of the counties of Nassau or Suffolk and each shall be, by professional training or experience and attainment, qualified to analyze and interpret matters pertaining to solid waste management.

C. Appointments to the board shall be made within thirty days of the effective date of this act.

d. No later than January first, nineteen hundred eighty-six, the board shall make recommendations to the environmental facilities corporation concerning the operation of the ashfill, including:

(i) potential intermunicipal arrangements for the management of downtime and untreatable waste;

(ii) the process for selection of a facility operator;

(iii) the establishment of tipping fees for use of the ashfill; and (iv) potential incentives that could be provided to the municipality that hosts the ashfill.

e.

After January thirty-first, nineteen hundred eighty-six, the board shall continue to exist, until such time as a permit to construct has been issued for the ashfill, to serve in an advisory capacity to the department of environmental conservation and the operator of such site; except that the commissioners of the departments of environmental conservation, health and commerce or their designees shall no longer be members of such board, and further, that an additional member shall be appointed to such board by the chief executive officer of:

(i) the municipality in which the designated ashfill is located; (ii) any municipality in the counties of Nassau or Suffolk in which a permit to construct a resource recovery facility has been issued; and (iii) any municipality in the counties of Nassau or Suffolk that has issued a formal request for proposal for a resource recovery facility pursuant to section one hundred twenty-w of the general municipal law. f. The members of the board shall designate one of the ad hoc members to serve as chairperson.

g. For the purposes of this act, the ad hoc members of the board shall be considered officers or employees of public entities and shall be afforded such defense and indemnification as provided pursuant to section seventeen of the public officers law.

en

h. The members of the board shall serve without compensation for their services as members of the board, except that each of them shall be titled to receive those actual and necessary expenses incurred in the discharge of their duties under this section.

i. Prior to January thirty-first, nineteen hundred eighty-six, nine members of the board shall constitute a quorum for the transaction of any business of the board, and the decision of seven members of the board shall constitute action of the board.

2. a. Within sixty days of the effective date of this act, the environmental facilities corporation shall, pursuant to section four of this act, submit to the board a list of potential sites for the regional ashfill which may accept solid waste pursuant to section 27-0704 of the environmental conservation law, together with any supporting memoranda, technical reports and recommendations that the corporation deems appropriate. The board shall provide notice to the chief executive officer of each municipality in which a potential site is located.

b. On or before November first, nineteen hundred eighty-five, the board shall hold one or more hearings in each of the counties of Nassau and Suffolk to receive public comment on the list enumerated in paragraph a of this subdivision. Such hearings shall be preceded by public notice, published not less than thirty days prior to such hearings. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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