BILL NUMBER:S2555

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 notified: Ion 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 or 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.

EFFECTIVE DATE:

On the first of December next succeeding the date on which it shall
have become a law.