Bill Text: NY S07495 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "well water and water supply education act".

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2014-05-15 - REFERRED TO HEALTH [S07495 Detail]

Download: New_York-2013-S07495-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7495
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to enacting the "well
         water and water supply education act"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the "well water
    2  and water supply education act".
    3    S  2.  Paragraph  (b)  of  subdivision 2 of section 1102 of the public
    4  health law is amended and a new  subdivision  4  is  added  to  read  as
    5  follows:
    6    (b)  If  the  local board of health of the health district wherein the
    7  violation or noncompliance occurs, fails to enforce  the  order  of  the
    8  commissioner within ten days after its receipt, the corporation furnish-
    9  ing  such  water  supply or the municipality, state, or United States or
   10  state or United States institution, park, reservation or  post  deriving
   11  its  water  supply  from  the  waters  to  which such rule or regulation
   12  relates, or the commissioner, or the local board of health of the health
   13  district wherein the water supply protected by these rules is  used,  or
   14  any  person  interested  in  the  protection  of the purity of the water
   15  supply, may maintain an action in a court of record which shall be tried
   16  in the county where the cause of action arose against such  person,  for
   17  the recovery of the penalties AND CONSEQUENTIAL DAMAGES incurred by such
   18  violation,  and  for an injunction restraining the person violating such
   19  rule or regulation from the continued violation thereof.
   20    4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY ACTION TO
   21  RECOVER DAMAGES BROUGHT BY THE PERSON,  OFFICER,  BOARD,  OR  COMMISSION
   22  HAVING THE MANAGEMENT AND CONTROL OF THE POTABLE WATER SUPPLY OF A MUNI-
   23  CIPALITY, STATE OR UNITED STATES INSTITUTION, PARK, RESERVATION OR POST,
   24  OR   IN  THE  CITY  OF  NEW  YORK,  THE  COMMISSIONER  OF  ENVIRONMENTAL
   25  PROTECTION, OR THE BOARD OF WATER SUPPLY OF THE CITY OF NEW YORK, OR ANY
   26  ENTITY FURNISHING SUCH POTABLE WATER SUPPLY  PURSUANT  TO  THIS  CHAPTER
   27  SHALL  BE  COMMENCED  NO  LATER  THAN TEN YEARS AFTER THE DETECTION OF A
   28  CONTAMINANT AT LEVELS EXCEEDING  ONE  HALF  OF  THE  APPLICABLE  MAXIMUM
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15189-01-4
       S. 7495                             2
    1  CONTAMINANT LEVEL, OR WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF THE
    2  CHAPTER  OF  THE LAWS OF 2014 WHICH ADDED THIS SUBDIVISION, WHICHEVER IS
    3  LATER.
    4    S  3.  This  act  shall take effect immediately and shall be deemed to
    5  have been in full force and effect on and after January 1, 2014.