§ 17-1017. Preemption of local law.

1. Except as provided in subdivision two of this section, any local
law or ordinance which is inconsistent with any provision of this title
or any rule and regulation promulgated hereunder shall be preempted.

2. a. Any local law or ordinance of any county, or of any city of a
population of one million or more, which is inconsistent with the
provisions of this title or any rules or regulations promulgated
hereunder shall not be preempted if such local law or ordinance provides
environmental protection equal to or greater than the provisions of this
title or any rules or regulations promulgated hereunder, and such county
or city files with the department a written declaration of its intent to
administer and enforce such local law or ordinance which is approved by
the commissioner in written findings which set forth the terms of such
approval.

b. When any county, or city of a population of one million or more,
files with the department a written declaration of its intent to
administer and enforce such local law or ordinance which is approved by
the commissioner in written findings which set forth the terms of such
approval, the department shall continue to administer and enforce any
provision of this title with respect to any public authority created
under the public authorities law and the public authority shall notify
in writing any such county, or city of a population of one million or
more when the public authority registers or reregisters a facility with
the department.