New York Laws
Article 40 - Hazardous Substances Bulk Storage Act
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.