BILL NUMBER:S521

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to notification
of the release of hazardous substances

PURPOSE:
This bill makes it a crime to fail to notify the Department of
Environmental Conservation of a release of a reportable quantity of a
hazardous substance.

SUMMARY OF PROVISIONS:
The bill adds a new section 71-3704 to the Environmental Conservation
Law to require notification to the Department of Environmental
Conservation of a release of a reportable quantity of a hazardous
substance. A first violation of this new section is a class A
misdemeanor, and each subsequent violation is a class E felony.

JUSTIFICATION:
In order to establish a criminal violation of the Environmental
Conservation Law, it is often necessary to prove the amount of
hazardous substances released into the environment. Unfortunately, by
the time the Department of Environmental Conservation (DEC) discovers
that the release occurred, it is difficult -- if not impossible -- to
determine the specific amount of hazardous substance released.
              

This statutory scheme creates a great disincentive for individuals to
report releases of hazardous substances. If an individual reports
such a release quickly, DEC is better able to determine the amount
of the release, which makes it easier to prove a felony violation,
while individuals who conceal releases frequently can only be charged
with a misdemeanor.

This bill addresses this problem by following the approach used in
federal law (42 V.S.C. § 9603) by criminalizing the failure to report
the release of a hazardous substance. This will provide an incentive
for individuals to report such releases, and punish those who
continue to conceal their wrongdoing. In addition, early reporting of
releases will allow DEC to become involved in clean-up efforts more
quickly, thereby helping to protect the environment and the health
and safety of New York residents.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2009-2010:  S.3596/A.5654
2007-2008:  S.4753/A.7435

EFFECTIVE DATE:
The bill takes effect on the first of November following enactment.