Bill Text: NY A00471 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 471 (Prior Session Legislation)

Introduced

Bill Title: Restricts the disposal of yard waste through burial in a landfill or by incinerator; exempts certain minor amounts; provides for penalties for violations; directs the department of environmental conservation to promulgate regulations to implement this provision; permits local laws not inconsistent therewith.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A00471 Detail]

Download: New_York-2015-A00471-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          471
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         restrictions on the disposal of yard waste
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 27-0721 to read as follows:
    3  S 27-0721. RESTRICTIONS ON THE DISPOSAL OF YARD WASTE.
    4    1.  ON  OR  AFTER  SEPTEMBER  FIRST, TWO THOUSAND SEVENTEEN, NO PERSON
    5  SHALL KNOWINGLY DELIVER YARD WASTE TO A LANDFILL FOR  PURPOSES  OF  LAND
    6  BURIAL,  OR  TO AN INCINERATOR FOR PURPOSES OF COMBUSTION, OR DISPOSE OF
    7  YARD WASTE AT A LANDFILL OR INCINERATOR. FOR PURPOSES OF  THIS  SECTION,
    8  "YARD  WASTE" SHALL MEAN LEAVES, GRASS CLIPPINGS, GARDEN DEBRIS AND WOOD
    9  DEBRIS INCLUDING TREE TRUNKS AND SMALL OR CHIPPED BRANCHES. UPON  APPLI-
   10  CATION,  THE COMMISSIONER MAY, WHEN DEMONSTRATED TO HIS OR HER SATISFAC-
   11  TION, GRANT A VARIANCE EXTENDING UNTIL  SEPTEMBER  FIRST,  TWO  THOUSAND
   12  NINETEEN.  GRANTING  OF SUCH VARIANCE SHALL ONLY BE MADE IF BASED UPON A
   13  DEMONSTRATION BY THE APPLICANT THAT A GOOD FAITH EFFORT IS BEING MADE TO
   14  MEET THE REQUIREMENTS OF THIS SECTION AND UPON A SHOWING OF HARDSHIP DUE
   15  TO REASONS BEYOND THE CONTROL OF THE APPLICANT.
   16    2. EXCLUDED FROM THE PROVISIONS OF THIS SECTION ARE MINOR  AMOUNTS  OF
   17  MATERIALS  AS  IDENTIFIED  IN SUBDIVISION ONE OF THIS SECTION, AS MAY BE
   18  PRESENT IN THE SOLID WASTE COLLECTED.
   19    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN  FURTHERANCE  OF
   20  THE  PURPOSES  OF  THIS SECTION, ANY LOCAL LAW ADOPTED BY A MUNICIPALITY
   21  PURSUANT TO SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL  MUNICIPAL  LAW
   22  SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   23    4.  THE  DEPARTMENT  SHALL ADOPT REGULATIONS FOR THE IMPLEMENTATION OF
   24  THIS SECTION AND SHALL CONSIDER THE PURPOSES OF THIS SECTION WITH REGARD
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06089-01-5
       A. 471                              2
    1  TO ANY APPROVAL OR PERMIT REQUIRED FOR THE COLLECTION, TRANSPORTATION OR
    2  DISPOSAL OF SOLID WASTE. SUCH REGULATIONS SHALL FURTHER PROVIDE FOR  THE
    3  CLEAR  DELINEATION OF RESPECTIVE RESPONSIBILITIES OF OWNERS OR OPERATORS
    4  OF  SOLID  WASTE  FACILITIES, TRANSPORTERS AND PLANNING UNITS UNDER THIS
    5  SECTION.
    6    5. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO  LIMIT  THE
    7  AUTHORITY  OF  A  MUNICIPALITY  TO  ENACT LOCAL LAWS OR REGULATIONS, NOT
    8  INCONSISTENT WITH THE RULES AND REGULATIONS OF THE DEPARTMENT,  IMPOSING
    9  MORE  STRINGENT  RESTRICTIONS ON THE DISPOSAL OF REUSABLE, RECYCLABLE OR
   10  COMPOSTABLE MATERIALS.
   11    S 2. Section 71-2703 of the environmental conservation law is  amended
   12  by adding a new subdivision 6 to read as follows:
   13    6.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
   14  RY, THE SANCTIONS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS  SECTION
   15  SHALL  NOT  APPLY  TO  A  VIOLATION  OF  SECTION 27-0721 OF THIS CHAPTER
   16  COMMITTED BY AN INDIVIDUAL RESIDENTIAL GENERATOR OF YARD WASTE. AN INDI-
   17  VIDUAL RESIDENTIAL GENERATOR OF YARD WASTE WHO KNOWINGLY  VIOLATES  SUCH
   18  SECTION  27-0721,  OR ANY REGULATION PROMULGATED PURSUANT THERETO, SHALL
   19  BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
   20  SUCH VIOLATION, TO BE ASSESSED BY THE COMMISSIONER AFTER AN  OPPORTUNITY
   21  TO  BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS ARTI-
   22  CLE, OR BY THE COURT IN ANY ACTION OR  PROCEEDING  PURSUANT  TO  SECTION
   23  71-2727  OF  THIS  TITLE,  AND,  IN ADDITION THERETO, SUCH PERSON MAY BY
   24  SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
   25    S 3. This act shall take effect immediately.