Senate Bill S6751

2009-2010 Legislative Session

Provides that notification must be given when there is a release of a hazardous substance

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Archive: Last Bill Status - In Senate Committee Finance 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

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Bill Amendments

2009-S6751 - Details

See Assembly Version of this Bill:
A9855
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-1310, En Con L

2009-S6751 - Summary

Provides that notification must be given when there is a release of a hazardous substance to property owners and municipalities within 2500 feet of an inactive hazardous waste disposal site.

2009-S6751 - Sponsor Memo

2009-S6751 - Bill Text download pdf

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

                                  6751

                            I N  S E N A T E

                            February 3, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed 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.
              

2009-S6751A (ACTIVE) - Details

See Assembly Version of this Bill:
A9855
Current Committee:
Senate Finance
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-1310, En Con L

2009-S6751A (ACTIVE) - Summary

Provides that notification must be given when there is a release of a hazardous substance to property owners and municipalities within 2500 feet of an inactive hazardous waste disposal site.

2009-S6751A (ACTIVE) - Sponsor Memo

2009-S6751A (ACTIVE) - Bill Text download pdf

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

                                 6751--A

                            I N  S E N A T E

                            February 3, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed 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:

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

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