Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 03, 2010 |
print number 9855a |
Mar 03, 2010 |
amend and recommit to environmental conservation |
Feb 03, 2010 |
referred to environmental conservation |
Assembly Bill A9855
2009-2010 Legislative Session
Sponsored By
THIELE
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
Bill Amendments
2009-A9855 - Details
- Current Committee:
- Assembly Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §27-1310, En Con L
2009-A9855 - Sponsor Memo
BILL NUMBER:A9855 TITLE OF BILL: An act to amend the environmental conservation law, in relation to notification of hazardous substance releases PURPOSE OR GENERAL IDEA OF BILL: This legislation provides that notifi- cation must be given when there is a release of a hazardous substance. SUMMARY OF PROVISIONS: The Environmental Conservation Law is amended by adding a new Section 27-1310 relating to notification of release of a hazardous substance by the Department of Environmental Conservation JUSTIFICATION:Inactive hazardous waste disposal sites affect nearly every community throughout the State of New York. In many cases the contamination is not contained to one particular site and/or property but travels off-site and places larger portions of the unknowing commu- nity at risk. State agencies, while performing the initial stages of their investigations, are currently not mandated to notify residents and business owners living or operating over (toxic) contaminated sites, nor are these sites posted on a public registry. In order to protect the public and significantly increase awareness about potentially hazardous conditions, it is necessary to amend the New York State Environmental Conservation Law to mandate notification at the onset of initial investigations of inactive hazardous waste disposal sites. Proposed sites in the preliminary phases of investigation should
2009-A9855 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9855 I N A S S E M B L Y February 3, 2010 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to notification of hazardous substance releases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 27-1310 to read as follows: S 27-1310. NOTIFICATION. 1. THE DEPARTMENT SHALL GIVE NOTICE WITHIN SIXTY DAYS TO ALL PROPERTY OWNERS WITHIN TWO THOUSAND FIVE HUNDRED FEET OF AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE AFFECTED BY ANY OF THE FOLLOWING CIRCUMSTANCES: (A) WHENEVER THE DEPARTMENT FIRST BECOMES AWARE OF THE RELEASE OR THE THREAT OF THE RELEASE OF A HAZARDOUS SUBSTANCE FOR WHICH THE DEPARTMENT MAY ASSESS REMOVAL OR REMEDIATION COSTS; (B) WHENEVER THE DEPARTMENT BECOMES AWARE OF EVIDENCE OF THE RELEASE OF A HAZARDOUS SUBSTANCE THAT MAY DIRECTLY AND FORESEEABLY IMPACT GROUND WATER OR THAT MAY DIRECTLY AND FORESEEABLY PRESENT A RISK OF EXPOSURE TO HUMANS; (C) WHENEVER THE DEPARTMENT CONSIDERS IT APPROPRIATE TO EMPLOY A COMMUNITY RELATIONS SPECIALIST IN ANY CAPACITY WITH RESPECT TO A RELEASE OR THREAT OF RELEASE OF A HAZARDOUS SUBSTANCE; OR (D) WHENEVER THE DEPARTMENT SERVES NOTICE ON A RESPONSIBLE PARTY AS A RESULT OF ANY SIGNIFICANT SPILLING, LEAKING, PUMPING, POURING, EMITTING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR DISPOSING INTO THE ENVIRONMENT ANY WASTE, SPECIAL WASTE, POTENTIALLY INFECTIOUS MEDICAL WASTE, POLLUTION CONTROL WASTE, INDUSTRIAL PROCESS WASTE, HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, OR CONTAMINANTS, THAT MAY CONSTITUTE AN IMMINENT OR SUBSTANTIAL ENDANGERMENT TO HUMANS. 2. AT A MINIMUM, NOTICE SHALL BE GIVEN BY DIRECT MAIL, WHETHER BY LETTER OR POSTCARD, AND MUST CONTAIN THE FOLLOWING INFORMATION: (A) THE ADDRESS AND PHYSICAL DESCRIPTION OF EACH SITE; (B) A BRIEF DESCRIPTION OF THE EVENTS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Aileen Gunther
Brian Kavanagh
2009-A9855A (ACTIVE) - Details
- Current Committee:
- Assembly Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add §27-1310, En Con L
2009-A9855A (ACTIVE) - Sponsor Memo
BILL NUMBER:A9855A TITLE OF BILL: An act to amend the environmental conservation law, in relation to notification of hazardous substance releases PURPOSE OR GENERAL IDEA OF BILL: This legislation provides that notifi- cation must be given when there is a release of a hazardous substance. SUMMARY OF PROVISIONS: The Environmental Conservation Law is amended by adding a new Section 27-1310 relating to notification of release of a hazardous substance by the Department of Environmental Conservation JUSTIFICATION:Inactive hazardous waste disposal sites affect nearly every community throughout the State of New York. In many cases the contamination is not contained to one particular site and/or property but travels off-site and places larger portions of the unknowing commu- nity at risk. State agencies, while performing the initial stages of their investigations, are currently not mandated to notify residents and business owners living or operating over (toxic) contaminated sites, not are these sites posted on a public registry. In order to protect the public and significantly increase awareness about potentially hazardous conditions, it is necessary to amend the New York State Environmental Conservation Law to mandate notification at the onset of initial investigations of inactive hazardous waste disposal sites. Proposed sites in the preliminary phases of investigation should
2009-A9855A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9855--A I N A S S E M B L Y February 3, 2010 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to notification of hazardous substance releases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 27-1310 to read as follows: S 27-1310. NOTIFICATION. 1. THE DEPARTMENT SHALL GIVE NOTICE WITHIN SIXTY DAYS TO ALL PROPERTY OWNERS AND MUNICIPALITIES WITHIN TWO THOUSAND FIVE HUNDRED FEET OF AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE AFFECTED BY ANY OF THE FOLLOWING CIRCUMSTANCES: (A) WHENEVER THE DEPARTMENT FIRST BECOMES AWARE OF THE RELEASE OR THE THREAT OF THE RELEASE OF A HAZARDOUS SUBSTANCE FOR WHICH THE DEPARTMENT MAY ASSESS REMOVAL OR REMEDIATION COSTS; (B) WHENEVER THE DEPARTMENT BECOMES AWARE OF EVIDENCE OF THE RELEASE OF A HAZARDOUS SUBSTANCE THAT MAY DIRECTLY AND FORESEEABLY IMPACT GROUND WATER OR THAT MAY DIRECTLY AND FORESEEABLY PRESENT A RISK OF EXPOSURE TO HUMANS; (C) WHENEVER THE DEPARTMENT CONSIDERS IT APPROPRIATE TO EMPLOY A COMMUNITY RELATIONS SPECIALIST IN ANY CAPACITY WITH RESPECT TO A RELEASE OR THREAT OF RELEASE OF A HAZARDOUS SUBSTANCE; OR (D) WHENEVER THE DEPARTMENT SERVES NOTICE ON A RESPONSIBLE PARTY AS A RESULT OF ANY SIGNIFICANT SPILLING, LEAKING, PUMPING, POURING, EMITTING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR DISPOSING INTO THE ENVIRONMENT ANY WASTE, SPECIAL WASTE, POTENTIALLY INFECTIOUS MEDICAL WASTE, POLLUTION CONTROL WASTE, INDUSTRIAL PROCESS WASTE, HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, OR CONTAMINANTS, THAT MAY CONSTITUTE AN IMMINENT OR SUBSTANTIAL ENDANGERMENT TO HUMANS. 2. AT A MINIMUM, NOTICE SHALL BE GIVEN BY DIRECT MAIL, WHETHER BY LETTER OR POSTCARD, AND MUST CONTAIN THE FOLLOWING INFORMATION: (A) THE ADDRESS AND PHYSICAL DESCRIPTION OF EACH SITE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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