Bill Text: NY S03213 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to water quality testing for land clearing debris and compost facilities in Nassau and Suffolk counties.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2017-11-29 - SIGNED CHAP.449 [S03213 Detail]

Download: New_York-2017-S03213-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3213                                                  A. 2623
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 20, 2017
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation
        IN  ASSEMBLY  -- Introduced by M. of A. ENGLEBRIGHT, MURRAY -- read once
          and referred to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          avoiding water quality impairment from the management of land clearing
          debris and compost in Nassau and Suffolk counties
          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 15-0517 to read as follows:
     3  § 15-0517. Water  quality  testing requirements for land clearing debris
     4               and compost facilities in Nassau and Suffolk counties.
     5    1. In Nassau and Suffolk counties,  the  department  shall  promulgate
     6  rules  and  regulations to prevent water quality and other environmental
     7  impairments resulting from land clearing debris facilities or composting
     8  facilities. Such regulations shall at a minimum require:
     9    (a) quarterly up gradient and down gradient water quality testing;
    10    (b) setbacks from  drinking  water  supply  wells  and  surface  water
    11  bodies; and
    12    (c) dust and odor suppression and fire risk minimization.
    13    2.  The  department  shall in the case of a primary recharge area, and
    14  may for other recharge areas, promulgate rules  and  regulations  to  be
    15  implemented twenty-four months after the effective date of this section,
    16  to  prevent  water quality and other environmental impairments resulting
    17  from land clearing debris facilities or composting facilities by requir-
    18  ing the use of an impermeable liner, in addition to the requirements  of
    19  subdivision  one  of  this  section.    The department may exempt a land
    20  clearing debris facility or a composting facility  from  the  regulatory
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08021-01-7
        S. 3213                             2                            A. 2623
     1  requirements  of  this  subdivision following a review of the facility's
     2  water quality testing results and a determination by the department that
     3  such facility does not pose a risk of impairment to the primary recharge
     4  area or, if applicable, other recharge area.
     5    3. For the purposes of this section:
     6    (a) "land clearing debris" shall mean vegetative matter, soil and rock
     7  resulting  from  activities  such as land clearing and grubbing, utility
     8  line maintenance or seasonal or storm related  cleanup  such  as  trees,
     9  stumps,  brush  and leaves and including wood chips generated from these
    10  materials.
    11    (b) "composting facilities" shall mean  facilities  that  accept  more
    12  than  three  thousand  cubic yards of waste, either processed or unproc-
    13  essed, per year.
    14    § 2. This act shall take effect January 1, 2018.