New York Consolidated Laws, Environmental Conservation Law - ENV § 27-2509. Powers and duties of the commissioner

1. The commissioner shall have the power and the duty to adopt such rules and regulations as he or she deems necessary for the implementation of this title.

2. The commissioner may, at his or her discretion, grant an emergency waiver to the provisions of section 27-2503 of this title on a case by case basis to persons or entities involving acts of God, war, strike, riot or other catastrophe as to which the negligence or willful misconduct on the part of such person or entity was not the proximate cause.  The commissioner may adopt guidelines for applying for and granting such waivers but in no case shall a waiver be deemed in effect for any person or entity for more than one year without proper renewal.

3. The commissioner shall also have the authority to temporarily waive the provisions of section 27-2503 of this title if he or she determines such waiver to be necessary to meet the construction or reconstruction needs as a result of a declared state of emergency.