N.Y. ENV Law § 27-2509

§ 27-2509. Powers and duties of the commissioner.\n 1. The commissioner shall have the power and the duty to adopt such\nrules and regulations as he or she deems necessary for the\nimplementation of this title.\n 2. The commissioner may, at his or her discretion, grant an emergency\nwaiver to the provisions of section 27-2503 of this title on a case by\ncase basis to persons or entities involving acts of God, war, strike,\nriot or other catastrophe as to which the negligence or willful\nmisconduct on the part of such person or entity was not the proximate\ncause. The commissioner may adopt guidelines for applying for and\ngranting such waivers but in no case shall a waiver be deemed in effect\nfor any person or entity for more than one year without proper renewal.\n 3. The commissioner shall also have the authority to temporarily waive\nthe provisions of section 27-2503 of this title if he or she determines\nsuch waiver to be necessary to meet the construction or reconstruction\nneeds as a result of a declared state of emergency.\n