Bill Text: NY A04823 | 2013-2014 | General Assembly | Introduced
Bill Title: Prohibits the establishment or conversion of medical waste treatment, storage, transfer or disposal facilities in any area of the state not zoned for such uses; prohibits the issuance of permits to such facilities; provides for the annual review of permits issued to previously-existing medical waste treatment, storage, transfer or disposal facilities located in areas not zoned for such use.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A04823 Detail]
Download: New_York-2013-A04823-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4823
2013-2014 Regular Sessions
I N A S S E M B L Y
February 11, 2013
___________
Introduced by M. of A. PERRY, JAFFEE, COLTON -- Multi-Sponsored by -- M.
of A. ROBINSON, SCARBOROUGH, SCHIMEL -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the establishment or conversion of medical waste treat-
ment, storage, transfer or disposal facilities within one-half mile of
any residential area, prohibiting the issuance of permits to such
facilities, and providing for the annual review of permits issued to
previously-existing medical waste treatment, storage, transfer or
disposal facilities located within one mile of any residential area
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 27-1517 of the environmental conservation law is
2 amended by adding a new subdivision 4 to read as follows:
3 4. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: (I) NO
4 FACILITY PROVIDING FOR THE STORAGE, TRANSPORTATION, TREATMENT OR
5 DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE CONSTRUCTED WITHIN ANY AREA
6 WITHIN THE STATE WHERE LOCAL ZONING LAWS PROHIBIT THE OPERATION OF SUCH
7 FACILITY OR IN ANY AREA WHICH IS WITHIN ONE-HALF MILE OF A RESIDENTIAL
8 AREA LOCATED WITHIN THE STATE; AND
9 (II) NO EXISTING FACILITY LOCATED WITHIN THE STATE SHALL BE CONVERTED
10 TO A FACILITY PROVIDING FOR THE STORAGE, TRANSPORTATION, TREATMENT OR
11 DISPOSAL OF REGULATED MEDICAL WASTE UNLESS THE FACILITY IS LOCATED IN AN
12 AREA WHERE LOCAL ZONING LAWS PERMIT THE OPERATION OF SUCH FACILITY AND
13 SUCH AREA IS NOT WITHIN ONE-HALF MILE OF A RESIDENTIAL AREA LOCATED
14 WITHIN THE STATE.
15 B. NO PERMIT AUTHORIZING THE STORAGE, TRANSPORTATION, TREATMENT OR
16 DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE ISSUED TO ANY FACILITY
17 DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION BY THE DEPARTMENT OR BY ANY
18 REGIONAL, DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF HEALTH,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00052-01-3
A. 4823 2
1 OR LOCAL HEALTH DEPARTMENT TO WHICH THE DEPARTMENT HAS DELEGATED RESPON-
2 SIBILITY TO ISSUE OR REVIEW PERMITS.
3 C. (I) ALL PERMITS FOR WHICH CONDITIONAL OR FINAL APPROVAL HAS BEEN
4 GRANTED OR WHICH HAVE BEEN ISSUED TO FACILITIES PROVIDING FOR THE STOR-
5 AGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE
6 AND LOCATED WITHIN AREAS OF THE STATE NOT ZONED FOR USE BY SUCH FACILITY
7 PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO ANNUAL
8 REVIEW BY THE DEPARTMENT OR BY ANY REGIONAL, DISTRICT OR COUNTY OFFICES
9 OF THE STATE DEPARTMENT OF HEALTH, OR LOCAL HEALTH DEPARTMENT TO WHICH
10 THE DEPARTMENT HAS DELEGATED RESPONSIBILITY TO ISSUE OR REVIEW PERMITS.
11 ANY PERMIT, RENEWAL PERMIT OR MODIFIED PERMIT ISSUED FOLLOWING SUCH
12 REVIEW SHALL BE VALID FOR A PERIOD NOT TO EXCEED ONE YEAR.
13 (II) THE COMMISSIONER MAY, CONSISTENT WITH ARTICLES TWENTY-THREE AND
14 TWENTY-THREE-A OF THE CORRECTION LAW, AND THE PROVISIONS OF SECTION
15 70-0115 OF THIS CHAPTER, DENY, SUSPEND, REVOKE OR MODIFY ANY PERMIT,
16 RENEWAL OR MODIFICATION THERETO FOR THE STORAGE, TRANSPORTATION, TREAT-
17 MENT OR DISPOSAL OF REGULATED MEDICAL WASTE, UPON A WRITTEN DETERMI-
18 NATION THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC HEALTH AND
19 SAFETY AND THAT ANY OF THE PROVISIONS OF PARAGRAPH A, B, C OR D OF
20 SUBDIVISION ONE OF THIS SECTION APPLY.
21 D. ANY ACTION INVOLVING THE CONSTRUCTION OR EXPANSION OF A SOLID WASTE
22 TRANSFER STATION WITHIN ONE-HALF MILE OF A RESIDENTIAL ZONED AREA SHALL
23 BE DEEMED TO HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT REQUIRING THE
24 PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SECTION
25 8-0109 OF THIS CHAPTER. SUCH STATEMENT SHALL MEET THE REQUIREMENTS OF
26 THE MOST DETAILED ENVIRONMENTAL IMPACT STATEMENT REQUIRED BY SUCH
27 SECTION 8-0109 OR BY ANY SUCH RULE OR REGULATION PROMULGATED PURSUANT TO
28 SUCH SECTION AND SHALL INCLUDE THE HOLDING OF A PUBLIC HEARING OR HEAR-
29 INGS.
30 E. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO HOSPITALS AND
31 OTHER FACILITIES WHICH PROVIDE MEDICAL SERVICES AND GENERATE MEDICAL
32 WASTE FROM THEIR OPERATIONS AND WHICH PROVIDE ON-SITE STORAGE OF OR
33 PERFORM ON-SITE TREATMENT AND DISPOSAL OF REGULATED MEDICAL WASTE.
34 F. AS USED IN THIS SUBDIVISION, "RESIDENTIAL AREA" MEANS ANY AREA
35 ZONED FOR RESIDENTIAL USE, REGARDLESS OF WHETHER SUCH AREA IS ALSO ZONED
36 FOR OTHER USE.
37 G. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
38 AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
39 SECTION.
40 S 2. This act shall take effect immediately.
