S T A T E O F N E W Y O R K
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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.
LBD15072-04-0
S. 6751--A 2
(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:
(I) THE PRESENCE AND TYPE OF HAZARDOUS SUBSTANCE OR CHEMICALS RELEASED
OR THREATENED TO BE RELEASED;
(II) A BRIEF DESCRIPTION OF THE NATURE AND HEALTH RISKS, OR POTENTIAL
HEALTH RISKS, OF THE HAZARDOUS SUBSTANCE OR A LINK TO THE DEPARTMENT
WEBSITE, THAT IS FREQUENTLY UPDATED AND CONTAINS DESCRIPTIONS OF THE
CHEMICALS' NATURE AND HEALTH RISKS; AND
(III) WHETHER THERE WAS ANY SPILLING, LEAKING, PUMPING, POURING, EMIT-
TING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR
DISPOSING OF ANY HAZARDOUS SUBSTANCE INTO OR ONTO THE LAND, WATER, OR
AIR; AND
(C) THE CASE NUMBER OF THE ENFORCEMENT ACTION FOR WHICH NOTICE HAS
BEEN GIVEN.
3. THE DEPARTMENT SHALL PROVIDE NOTICE BY NEWSPAPER AND ON THE DEPART-
MENT WEBSITE UNDER THE STANDARDS ESTABLISHED IN SUBDIVISION FOUR OF THIS
SECTION WHENEVER ANY OF THE FOLLOWING EVENTS OCCUR:
(A) WHENEVER THE DEPARTMENT FIRST BECOMES AWARE OF A SITE UNDERGOING
REMEDIAL ACTION;
(B) WHENEVER THE DEPARTMENT FIRST BECOMES AWARE OF THE EXISTENCE OF
THE PRESENCE OF A CONTAMINANT OR HAZARDOUS SUBSTANCE VIA A NOTIFICATION
REQUIREMENT UNDER ANY OF THE FOLLOWING ACTS OR REGULATIONS:
(I) PURSUANT TO NOTIFICATION REQUIRED BY THE FEDERAL COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (CERCLA), 42
U.S.C. SECTIONS 9603 (A) AND 9603 (C);
(II) PURSUANT TO ACTIONS TAKEN UNDER CERCLA SECTION 9604(A);
(III) ANY LISTING PURSUANT TO THE NATIONAL CONTINGENCY PLAN; OR
(IV) PURSUANT TO ANY ACTION FOR JUDICIAL RELIEF UNDERTAKEN PURSUANT TO
THE FEDERAL SOLID WASTE ACT, 42 U.S.C. SECTIONS 6973 OR 6972 (A);
(C) WHENEVER THE DEPARTMENT HAS CONFIRMED, THROUGH SOUND SCIENTIFIC
METHODS, THE PRESENCE OF AN ENVIRONMENTAL CONTAMINANT THAT EXCEEDS THE
APPLICABLE FEDERAL OR STATE HEALTH AND SAFETY STANDARDS; OR
(D) WHENEVER THE DEPARTMENT IS AWARE OF THE PRESENCE OF A LEAKING
UNDERGROUND STORAGE TANK.
4. NOTICE OF THE EVENTS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION
MUST BE PLACED ON A QUARTERLY BASIS IN A NEWSPAPER WIDELY CIRCULATED IN
THE AREAS WHERE THE CONDITION DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION OCCURS FOR A MINIMUM PERIOD OF TWO YEARS. THE NEWSPAPER NOTICE
MUST CONTAIN THE FOLLOWING INFORMATION IN NO LESS THAN ELEVEN-POINT
FONT:
(A) A GENERAL DESCRIPTION OF THE EVENTS LEADING UP TO THE EVENTS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION:
(I) WHETHER THERE WAS ANY SPILLING, LEAKING, PUMPING, POURING, EMIT-
TING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR
DISPOSING OF ANY OF THE ITEMS LISTED IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH INTO OR ONTO THE LAND, WATER, OR AIR; AND
(II) THE PRESENCE OF ANY WASTE, SPECIAL WASTE, POTENTIALLY INFECTIOUS
MEDICAL WASTE, POLLUTION CONTROL WASTE, INDUSTRIAL PROCESS WASTE,
HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, OR CONTAMINANT;
(B) A DESCRIPTION OF THE PHYSICAL LOCATION OF EACH SITE, INCLUDING THE
LEGAL DESCRIPTION OF THE PROPERTY AND THE STREET NAMES BORDERING EACH
SITE;
(C) INFORMATION RELATING TO THE NATURE AND HEALTH RISKS OF THE HAZARD-
OUS SUBSTANCES OR THE ADDRESS OF THE DEPARTMENT WEBSITE WHERE ADDITIONAL
S. 6751--A 3
INFORMATION MAY BE GATHERED ABOUT THE NATURE AND HEALTH RISKS ASSOCIATED
WITH THE POLLUTANTS; AND
(D) IN THE CIRCUMSTANCE WHEN NOTICE IS TO BE GIVEN REGARDING THE PRES-
ENCE OF A LEAKING UNDERGROUND STORAGE TANK, IT IS SUFFICIENT THAT THE
NEWSPAPER NOTICE IDENTIFY THE GENERAL AREA WHERE EACH LEAKING UNDER-
GROUND STORAGE TANK IS LOCATED AND SPECIFICALLY PROVIDE INSTRUCTIONS TO
DETERMINE THE EXACT LOCATIONS OF THE LEAKING UNDERGROUND STORAGE TANKS
THROUGH A WEBSITE OR OTHER SEARCHABLE DATA BASE MAINTAINED BY THE
DEPARTMENT.
5. THE DEPARTMENT IS NOT LIABLE FOR THE ACCURACY, AVAILABILITY, OR USE
OF ANY INFORMATION PROVIDED UNDER THIS SECTION UNLESS THE DEPARTMENT'S
ACT OR OMISSION CONSTITUTES WILLFUL AND WANTON MISCONDUCT.
6. AT A MINIMUM, THE DEPARTMENT SHALL PROVIDE AN ANNUAL UPDATE ON
INACTIVE HAZARDOUS WASTE DISPOSAL SITES ON THE DEPARTMENT WEBSITE.
S 2. This act shall take effect immediately.