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

                                 7771--A

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen. LAVALLE -- 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
  avoiding water quality impairment from the management of land clearing
  debris and compost in Nassau and Suffolk counties

  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 15-0517 to read as follows:
S 15-0517. WATER QUALITY TESTING REQUIREMENTS FOR LAND  CLEARING  DEBRIS
             AND COMPOST FACILITIES IN NASSAU AND SUFFOLK COUNTIES.
  1.  IN  NASSAU  AND  SUFFOLK COUNTIES, THE DEPARTMENT SHALL PROMULGATE
RULES AND REGULATIONS TO PREVENT WATER QUALITY AND  OTHER  ENVIRONMENTAL
IMPAIRMENTS RESULTING FROM LAND CLEARING DEBRIS FACILITIES OR COMPOSTING
FACILITIES. SUCH REGULATIONS SHALL AT A MINIMUM REQUIRE:
  (A) QUARTERLY UP GRADIENT AND DOWN GRADIENT WATER QUALITY TESTING;
  (B)  SETBACKS  FROM  DRINKING  WATER  SUPPLY  WELLS  AND SURFACE WATER
BODIES; AND
  (C) DUST AND ODOR SUPPRESSION AND FIRE RISK MINIMIZATION.
  2. THE DEPARTMENT SHALL IN THE CASE OF A PRIMARY  RECHARGE  AREA,  AND
MAY  FOR  OTHER  RECHARGE  AREAS, PROMULGATE RULES AND REGULATIONS TO BE
IMPLEMENTED TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION,
TO PREVENT WATER QUALITY AND OTHER ENVIRONMENTAL  IMPAIRMENTS  RESULTING
FROM LAND CLEARING DEBRIS FACILITIES OR COMPOSTING FACILITIES BY REQUIR-
ING  THE USE OF AN IMPERMEABLE LINER, IN ADDITION TO THE REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION.   THE  DEPARTMENT  MAY  EXEMPT  A  LAND
CLEARING  DEBRIS  FACILITY  OR A COMPOSTING FACILITY FROM THE REGULATORY
REQUIREMENTS OF THIS SUBDIVISION FOLLOWING A REVIEW  OF  THE  FACILITY'S
WATER QUALITY TESTING RESULTS AND A DETERMINATION BY THE DEPARTMENT THAT
SUCH FACILITY DOES NOT POSE A RISK OF IMPAIRMENT TO THE PRIMARY RECHARGE
AREA OR, IF APPLICABLE, OTHER RECHARGE AREA.
  3. FOR THE PURPOSES OF THIS SECTION:

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

                                                           LBD11353-04-6

S. 7771--A                          2

  (A) "LAND CLEARING DEBRIS" SHALL MEAN VEGETATIVE MATTER, SOIL AND ROCK
RESULTING  FROM  ACTIVITIES  SUCH AS LAND CLEARING AND GRUBBING, UTILITY
LINE MAINTENANCE OR SEASONAL OR STORM RELATED  CLEANUP  SUCH  AS  TREES,
STUMPS,  BRUSH  AND LEAVES AND INCLUDING WOOD CHIPS GENERATED FROM THESE
MATERIALS.
  (B)  "COMPOSTING  FACILITIES"  SHALL  MEAN FACILITIES THAT ACCEPT MORE
THAN THREE THOUSAND CUBIC YARDS OF WASTE, EITHER  PROCESSED  OR  UNPROC-
ESSED, PER YEAR.
  S 2. This act shall take effect January 1, 2017.