N.Y. ENV Law § 71-2720

§ 71-2720. Exemption.\n 1. For activities requiring a New York state or federal license,\npermit or certificate or which are subject to an order of the\ncommissioner or the administrator of the federal environmental\nprotection agency, the provisions of sections 71-2707 through 71-2714 of\nthis chapter shall not apply to persons who possess and whose conduct is\nsubject to and in compliance with such a valid license, permit,\ncertificate or order or to persons whose conduct has been granted\ninterim status pursuant to the federal solid waste disposal act as\namended by the resource conservation and recovery act of 1976 (42 U.S.C.\nsec. 6901 et seq.) or pursuant to article 27 of this chapter or the\nrules and regulations promulgated thereunder.\n 2. In addition, no person who meets the requirements for an exemption\nfrom a New York state or federal license, permit, certificate or order\nshall be deemed in violation of sections 71-2707 through 71-2714 for\nengaging in conduct which would otherwise require such a license,\npermit, certificate or order.\n 3. No officer or employee of a municipal corporation shall be deemed\nin violation of sections 71-2707 through 71-2714 of this chapter if the\npossession or release was caused by such officer or employee pursuant to\nthe reasonable exercise of his or her official powers, duties or\nfunctions on behalf of such corporation.\n