477 - Tax exemption for industrial waste treatment facilities.

§  477.  Tax  exemption  for industrial waste treatment facilities. 1.  Industrial  waste  treatment  facilities  which  were   constructed   or  reconstructed   in   order   to   comply  with  the  provisions  of  the  environmental conservation law and codes, rules, regulations, permits or  orders issued pursuant thereto shall be  exempt  from  taxation  to  the  extent  of  any increase in value thereof by reason of such construction  or reconstruction.    2. Such industrial waste treatment facilities shall not be entitled to  any exemption from taxation unless such facilities have  been  certified  by  the  state  commissioner of environmental conservation or his or her  designated  representative,  pursuant  to   section   17-0705   of   the  environmental  conservation law, as complying with applicable provisions  of the environmental conservation law,  public  health  law,  the  state  sanitary  code  and  regulations,  permits  or  orders  issued  by  such  commissioner pursuant to law.    3. Such  exemption  shall  be  applicable  only  to  industrial  waste  treatment  facilities which were constructed or reconstructed subsequent  to May twelfth, nineteen hundred sixty-five.    4. Such  exemption  from  taxation  shall  be  granted  only  upon  an  application  made  by the owner of such property on a form prescribed by  the state board and shall contain such information as  the  state  board  shall  require. Such application shall be filed with the assessor of the  city, town, village or county having the power to  assess  property  for  taxation  on or before the appropriate taxable status date of such city,  town, village or county. If the assessor is satisfied that the applicant  is entitled to an exemption pursuant to this section, he  or  she  shall  approve  the  application and such industrial waste treatment facilities  shall be exempt from taxation and special ad valorem  levies  as  herein  provided.    5.  Such  exempion  from  taxation  shall be effective as of the first  taxable  status  date  occurring  subsequent  to  the  approval  of  the  application for exemption by the assessor of the appropriate city, town,  village, or county.    6.  The  assessed  value  of  any  exemption  granted  pursuant to the  authority of this section shall  be  entered  by  the  assessor  on  the  assessment  roll  with  the  taxable  property,  with  the amount of the  exemption shown in a separate column.    7.  The  term  "industrial  waste  treatment  facilities"  shall  mean  facilities   for  the  treatment,  neutralization  or  stabilization  of  industrial waste (as the term "industrial waste" is defined  in  section  17-0105  of the environmental conservation law) from a point immediately  preceding the point of such treatment, neutralization  or  stabilization  to   the   point  of  disposal,  including  the  necessary  pumping  and  transmitting facilities, but excluding such facilities installed for the  primary  purpose  of  salvaging  materials  which  are  usable  in   the  manufacturing process or are marketable.