S T A T E   O F   N E W   Y O R K
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     S. 3213                                                  A. 2623
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- Introduced by M. of A. ENGLEBRIGHT, MURRAY -- read once
   and referred to the Committee on Environmental Conservation

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

                                                            LBD08021-01-7

 S. 3213                             2                            A. 2623
 
 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:
   (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.
   § 2. This act shall take effect January 1, 2018.