§ 71-2720. Exemption.

1. For activities requiring a New York state or federal license,
permit or certificate or which are subject to an order of the
commissioner or the administrator of the federal environmental
protection agency, the provisions of sections 71-2707 through 71-2714 of
this chapter shall not apply to persons who possess and whose conduct is
subject to and in compliance with such a valid license, permit,
certificate or order or to persons whose conduct has been granted
interim status pursuant to the federal solid waste disposal act as
amended by the resource conservation and recovery act of 1976 (42 U.S.C.
sec. 6901 et seq.) or pursuant to article 27 of this chapter or the
rules and regulations promulgated thereunder.

2. In addition, no person who meets the requirements for an exemption
from a New York state or federal license, permit, certificate or order
shall be deemed in violation of sections 71-2707 through 71-2714 for
engaging in conduct which would otherwise require such a license,
permit, certificate or order.

3. No officer or employee of a municipal corporation shall be deemed
in violation of sections 71-2707 through 71-2714 of this chapter if the
possession or release was caused by such officer or employee pursuant to
the reasonable exercise of his or her official powers, duties or
functions on behalf of such corporation.