BILL NUMBER:  S2581A

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
permit application requirements for regulated medical waste treatment,
storage or disposal facilities


 PURPOSE OR GENERAL IDEA OF BILL :
To preclude the Department of Environmental Conservation from issuing
permits for the construction and operation of medical waste transfer
stations in areas where the local land use and zoning laws or
regulations prohibit siting and or operation of such a facility in
that area.

 SUMMARY OF SPECIFIC PROVISIONS :
The legislation amends subdivision 5 section 27-1513 as amended by
chapter 180 of the laws of 1989 is amended to read as follows: 5. As a
condition of approval for such a permit, any person who operates a
facility for 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.

              

 JUSTIFICATION :
There are facilities that collect and process regulated medical waste
throughout the State of New York. Although these facilities are needed
to manage this potentially hazardous type of waste, it is our
responsibility to ensure that they are not operating in areas that
pose a health risk to the neighborhood residents. To minimize this
risk to their citizens, many facilities have implemented zoning
regulations meant to ensure that these facilities do not operate in
densely populated areas. However, the Department of Environmental
Conversation lacks the jurisdiction to consider local zoning
restriction in their permit application review process. As such their
practice currently is to accept, review and approve permit
applications without regard to whether or not they are in compliance
with local zoning requirements. In many instances, the DEC issues
permit for the construction and operation of such facilities in
instances where their operation will clearly violate local city zoning
laws. Once the DEC issues permits to these facilities, these companies
must then seek variances to the city's zoning requirements in order to
operate. However, many of these companies do not bother to expand the
time and money necessary to seek a variance. For this reason, many of
these facilities operate in areas where the city zoning prohibit the
use of the area for such a facility. In such instances, the city bears
the burden of enforcing the local zoning laws.

In an effort to ensure that city zoning laws are not violated, this
legislation will ensure that DEC does not consider applications for
permits where the operators of these facilities are not in compliance
with local zoning laws. It provides that applications for permits to
operate medical waste transfer stations are deemed incomplete until
the applicant is in compliance with local zoning regulations.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.