Assembly Bill A4341

Signed By Governor
2009-2010 Legislative Session

Relates to permit application requirements for regulated medical waste treatment, storage or disposal facilities

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-A4341 - Details

2009-A4341 - Summary

Relates to permit application requirements for medical waste treatment, storage, or disposal facilities.

2009-A4341 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4341

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. PERRY -- 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 mile of  any
  residential  area, prohibiting the issuance of permits to such facili-
  ties, and providing for the annual review of permits issued to  previ-
  ously-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:

  Section  1.  Section  27-1517 of the environmental conservation law is
amended by adding a new subdivision 4 to read as follows:
  4. A. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  ON  OR
AFTER JANUARY FIRST, TWO THOUSAND TEN: (I) NO FACILITY PROVIDING FOR THE
STORAGE,  TRANSPORTATION,  TREATMENT  OR  DISPOSAL  OF REGULATED MEDICAL
WASTE SHALL BE CONSTRUCTED WITHIN ONE MILE OF A RESIDENTIAL AREA LOCATED
WITHIN THE STATE; AND
  (II) NO EXISTING FACILITY LOCATED WITHIN ONE  MILE  OF  A  RESIDENTIAL
AREA  SHALL BE CONVERTED TO A FACILITY PROVIDING FOR THE STORAGE, TRANS-
PORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE.
  B. NO PERMIT AUTHORIZING THE  STORAGE,  TRANSPORTATION,  TREATMENT  OR
DISPOSAL  OF  REGULATED  MEDICAL  WASTE  SHALL BE ISSUED TO ANY FACILITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION BY THE DEPARTMENT OR BY ANY
REGIONAL, DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF  HEALTH,
OR LOCAL HEALTH DEPARTMENT TO WHICH THE DEPARTMENT HAS DELEGATED RESPON-
SIBILITY TO ISSUE OR REVIEW PERMITS.
  C.  (I)  ALL  PERMITS FOR WHICH CONDITIONAL OR FINAL APPROVAL HAS BEEN
GRANTED OR WHICH HAVE BEEN ISSUED TO FACILITIES PROVIDING FOR THE  STOR-
AGE,  TRANSPORTATION,  TREATMENT  OR DISPOSAL OF REGULATED MEDICAL WASTE
AND LOCATED WITHIN ONE MILE OF A RESIDENTIAL AREA PRIOR TO THE EFFECTIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04988-02-9

2009-A4341A - Details

2009-A4341A - Summary

Relates to permit application requirements for medical waste treatment, storage, or disposal facilities.

2009-A4341A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4341--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

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 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  permit application requirements for medical waste treatment,  storage,
  transfer or disposal facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section  27-1517  of  the  environ-
mental  conservation  law are renumbered subdivisions 3 and 4, and a new
subdivision 2 is added to read as follows:
  2. NO APPLICATION FOR A PERMIT, RENEWAL OR  MODIFICATION  THERETO  FOR
THE  STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL
WASTE SHALL BE CONSIDERED COMPLETE UNLESS EXISTING ZONING CLASSIFICATION
AND LAND USE LAWS OR ORDINANCES AUTHORIZE SUCH PROPOSED USE AND USES.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04988-03-9

2009-A4341B (ACTIVE) - Details

2009-A4341B (ACTIVE) - Summary

Relates to permit application requirements for medical waste treatment, storage, or disposal facilities.

2009-A4341B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4341--B
                                                             R. R. 6

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of  A.  PERRY, JAFFEE, COLTON, HEASTIE, ENGLEBRIGHT,
  JEFFRIES, GREENE, BARRON -- Multi-Sponsored by --  M.  of  A.  LENTOL,
  ROBINSON, SCARBOROUGH, SCHIMEL, TOWNS -- read once and referred to the
  Committee  on Environmental Conservation -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  permit application requirements for regulated medical waste treatment,
  storage or disposal facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5  of  section  27-1513  of  the  environmental
conservation  law,  as  amended  by  chapter 180 of the laws of 1989, is
amended to read as follows:
  5. As a condition of approval for such permit, any person who operates
a facility for the treatment, storage and disposal of regulated  medical
waste shall provide:
  (A)  proof  of liability insurance or other form of financial security
deemed sufficient by the commissioner to meet  all  responsibilities  in
case of release of such waste causing damage; AND
  (B)  CERTIFICATION  THAT  SUCH  ACTIVITIES CONFORM WITH EXISTING LOCAL
ZONING LAWS OR ORDINANCES.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04988-08-9

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