senate Bill S1979

Relates to notification of discharge by the department of environmental conservation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Summary

Relates to notification of discharge by the department of environmental conservation; requires costs to provide the community notification shall be borne by the party responsible for the discharge or spill.

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Bill Details

See Assembly Version of this Bill:
A8287
Versions:
S1979
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Navigation Law
Laws Affected:
Amd §175, Nav L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4678, S4678
2009-2010: S4511, S4511

Sponsor Memo

BILL NUMBER:S1979

TITLE OF BILL: An act to amend the navigation law, in relation to
notification of discharge by the department of environmental conserva-
tion

SUMMARY OF PROVISIONS:

Section 1 amends § 175 of the Navigation Law to require the Department
of Environmental Conservation, after a petroleum discharge or spill, to
notify the surrounding landowners and tenants. Section 2 enumerates the
effective date.

JUSTIFICATION: Despite major and minor underground spills or discharges
of petroleum in New York, there is no statutory requirement that the
Department of Environmental Conservation ("DEC") notify surrounding
property owners or tenants. New York State has approximately 52,000
storage facilities which involve an estimated 125,000 bulk storage
tanks. Leaks and spills occur as a result of poor housekeeping, over-
filling of tanks, loading and unloading mistakes, and poor maintenance
and inspection. According to the DEC, each year it receives approximate-
ly 16,000 reports of confirmed and suspected releases to the environment
- roughly 90%. of the spills reported involve petroleum products.

In 2001, for example, the U.S. Environmental Protection Agency ("EPA")
inspected 33 mid-Hudson Valley gasoline service stations. With addi-
tional information provided by the owner of the stations, the EPA deter-
mined that 60 gas stations were operating tanks in violation of federal
law. The stations serve twenty New York counties. In 1993, in Flanders,
gasoline fumes in a residential basement helped DEC to determine that
anywhere between 100 and 1,000 gallons of petroleum had leaked from an
underground storage tank for a nearby gasoline service station, Private
wells were tested and determined to be contaminated. Private drinking
water wells are the primary source of potable water for businesses and
residences near the station. Additional statewide examples, large and
small, exist including the Gowanus Canal in Brooklyn, Newtown Creek in
Queens, New Windsor and Liberty in Orange County. Underground storage
tanks range in capacity from a few hundred to 50,000 or more gallons,
and are used to store gasoline, heating oil and other fuels, waste oil
and hazardous substances at gas stations, marinas, government facilities
and large industrial sites. Leaks from tanks often contaminate the soil
around the tanks, and can cause unhealthy gasoline vapors to settle into
the basements of private homes and apartment buildings.

Underground storage tanks have historically been the nation's number one
source of ground water contamination, with over 500,000 confirmed
releases and spills reported nationwide as of 2011. EPA and states'
underground storage tank regulations were put in place to prevent
releases of petroleum, and, if a release does occur, to insure that it
is addressed immediately. Surrounding homeowners and tenants should know
when that is happening.

LEGISLATIVE HISTORY: 2005-06: Senate Environmental Conservation Cmte.
2007-08: Senate Environmental Conservation Cmte. 2009: Environmental
Conservation Cmte. 2010: S.4511 - Environmental Conservation Cmte;
Notice of Committee Consideration - Requested; Reported and Committed to
Finance; Reported and Committed to Rules 2012: S.4678 Environmental
Conservation Cmte.

FISCAL IMPLICATIONS: None to the state. Costs to be borne by violators.

EFFECTIVE DATE: This act shall take effect thirty days after it shall
have become a law.

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

                                  1979

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the navigation  law,  in  relation  to  notification  of
  discharge by the department of environmental conservation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 175 of the navigation  law
is  designated subdivision 1 and a new subdivision 2 is added to read as
follows:
  2. UPON NOTIFICATION OF A DISCHARGE PURSUANT  TO  SUBDIVISION  ONE  OF
THIS  SECTION  OR  SUBDIVISION  EIGHT OF SECTION 17-0303 OF THE ENVIRON-
MENTAL CONSERVATION LAW, THE DEPARTMENT SHALL NOTIFY BY REGISTERED  MAIL
WITHIN  FIVE  DAYS: (A) THE CHIEF EXECUTIVE OFFICER OF ANY COUNTY, CITY,
TOWN OR VILLAGE IMPACTED BY THE SPILL, AND (B) ALL LANDOWNERS OR TENANTS
ADJACENT TO AND NEARBY THE SITE WHOSE PROPERTY OR DRINKING WATER  SUPPLY
MAY  BE  POTENTIALLY  ADVERSELY  IMPACTED  BY  SUCH  DISCHARGE.  FOR THE
PURPOSES OF THIS SECTION, ADJACENT AND  NEARBY  LANDOWNERS  AND  TENANTS
SHALL MEAN THOSE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE SPILL
OR  DISCHARGE.  THE  COST  TO  THE  DEPARTMENT  TO PROVIDE THE COMMUNITY
NOTIFICATION UNDER THIS SUBDIVISION SHALL BE BORNE BY THE PARTY  RESPON-
SIBLE FOR THE DISCHARGE OR SPILL.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06240-01-3

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