Bill Text: NY A07942 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that every written contract for the collection and transportation of commercial waste from a place at which such waste is generated shall specify the recyclable, reusable or other components of such waste that are required to be separated in accordance with local law or ordinance; provides for up to a $1000 civil fine for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A07942 Detail]

Download: New_York-2009-A07942-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7942
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2009
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Local Governments
       AN  ACT  to amend the general business law, in relation to contracts for
         the collection and transportation of commercial waste
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  399-zz to read as follows:
    3    S  399-ZZ.  CONTRACTS FOR THE COLLECTION AND TRANSPORTATION OF COMMER-
    4  CIAL WASTE. 1. DEFINITIONS.
    5    A. "COMMERCIAL WASTE" SHALL MEAN WASTE GENERATED BY  STORES,  OFFICES,
    6  INSTITUTIONS,  RESTAURANTS,  WAREHOUSES, AND NONMANUFACTURING ACTIVITIES
    7  AT INDUSTRIAL FACILITIES.
    8    B. "PERSON" SHALL MEAN ANY NATURAL PERSON, FIRM,  ORGANIZATION,  PART-
    9  NERSHIP, ASSOCIATION OR CORPORATION.
   10    C.  "SOLID  WASTE"  SHALL  HAVE THE SAME MEANING AS DEFINED IN SECTION
   11  27-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
   12    2. EVERY WRITTEN CONTRACT FOR THE  COLLECTION  AND  TRANSPORTATION  OF
   13  COMMERCIAL  WASTE  FROM  A PLACE AT WHICH SUCH WASTE IS GENERATED, SHALL
   14  SPECIFY THE RECYCLABLE, REUSABLE OR OTHER COMPONENTS OF SUCH WASTE  THAT
   15  ARE REQUIRED TO BE SEPARATED IN ACCORDANCE WITH A LOCAL LAW OR ORDINANCE
   16  ADOPTED PURSUANT TO SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICI-
   17  PAL LAW AND ANY PENALTIES IMPOSED BY SUCH LAW OR ORDINANCE FOR THE FAIL-
   18  URE TO SEPARATE SUCH WASTE.
   19    3.  A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL
   20  FINE NOT TO EXCEED ONE THOUSAND DOLLARS.
   21    S 2. This act shall take effect on the thirtieth day  after  it  shall
   22  have  become a law and shall apply to all contracts executed on or after
   23  such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09189-01-9