S T A T E   O F   N E W   Y O R K
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                                  1319

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. COLTON, ENGLEBRIGHT -- Multi-Sponsored by -- M.
  of A. BOYLAND, CLARK, DINOWITZ, GALEF, MAGNARELLI, McENENY,  WEINSTEIN
  --  read once and referred to the Committee on Environmental Conserva-
  tion

AN ACT to amend the  environmental  conservation  law  and  the  general
  municipal  law,  in  relation  to  disposal  and  source separation of
  recyclable materials

  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 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A. "INCINERATOR" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  B.  "LANDFILL"  SHALL  HAVE  THE  SAME  MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA  OF  THE  GENERAL
MUNICIPAL LAW.
  D.  "RECYCLABLE  MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
WHICH HAVE BEEN SEPARATED FROM OTHER SOLID WASTE  PURSUANT  TO  A  LOCAL
RECYCLING LAW.
  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED  OR  OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
BLES  HANDLING  AND  RECOVERY  FACILITY,  USED  OIL   FACILITY,   OR   A
CONSTRUCTION  AND  DEMOLITION  DEBRIS  PROCESSING  FACILITY, WHERE SOLID
WASTE IS RECEIVED FOR THE PURPOSE  OF  SUBSEQUENT  TRANSFER  TO  ANOTHER
SOLID  WASTE  MANAGEMENT  FACILITY  FOR  PROCESSING, TREATING, DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.

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

                                                           LBD01347-01-9

A. 1319                             2

  F. "TRANSPORTER" MEANS ANY PERSON OR ENTITY ENGAGED  IN  THE  OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
  2.  A.  NO TRANSPORTER SHALL COMMINGLE RECYCLABLE MATERIALS WITH OTHER
SOLID WASTE, OR CAUSE RECYCLABLE MATERIALS TO BE COMMINGLED  WITH  OTHER
SOLID WASTE.
  B.  NO  TRANSPORTER  SHALL  DELIVER  RECYCLABLE MATERIALS TO, OR CAUSE
RECYCLABLE MATERIALS TO BE DELIVERED TO:  (I)  AN  INCINERATOR;  (II)  A
LANDFILL; (III) A TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS ARE
KEPT  SEPARATED FROM OTHER SOLID WASTE; OR (IV) ANYONE WHO THE TRANSPOR-
TER KNOWS OR SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS
WITH OTHER SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCIN-
ERATOR OR A LANDFILL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL ACCEPT RECYCLABLE
MATERIALS FOR DISPOSAL.
  D. NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE RECYCLABLE  MATE-
RIALS  WITH OTHER SOLID WASTE, OR TRANSFER RECYCLABLE MATERIALS OR CAUSE
RECYCLABLE MATERIALS TO BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR
DISPOSAL.
  S 2. Paragraphs a, b and c of subdivision 2 of section 120-aa  of  the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  a.  Pursuant to the authority of this section, no later than September
first, nineteen hundred ninety-two, a municipality shall  adopt  such  a
local law or ordinance to require that RECYCLABLE MATERIALS BE SEPARATED
FROM  OTHER  solid  waste which has been left for collection or which is
delivered by the generator of such waste to  a  solid  waste  management
facility[, shall be separated into].
  B.  FOR  PURPOSES  OF  THIS  SECTION, "RECYCLABLE MATERIALS" MEANS AND
INCLUDES: (I) NEWSPRINT, GLASS CONTAINERS, METAL  CONTAINERS,  POLYETHY-
LENE TERAPHTHALATE (#1 CODE) PLASTICS, AND HIGH DENSITY POLYETHYLENE (#2
CODE)  PLASTICS;  (II)  CORRUGATED CARDBOARD CONTAINERS, PAPER BOARD AND
MIXED PAPER GENERATED BY  NON-RESIDENTIAL  ENTITIES  OR  BY  RESIDENTIAL
BUILDINGS  CONSISTING  OF  MORE THAN FOUR DWELLINGS; AND (III) ANY OTHER
recyclable, reuseable or other  [components]  MATERIALS  for  which  THE
MUNICIPALITY  DETERMINES THAT economic markets for alternate uses exist,
OR WHICH THE MUNICIPALITY DETERMINES  SHOULD  BE  SEPARATED  FROM  OTHER
SOLID  WASTE  FOR  RECYCLING.    For  purposes of this section, the term
"economic markets" refers to instances in which the full  avoided  costs
of  proper  collection,  transportation and disposal of source separated
materials are equal to or greater than the cost of collection, transpor-
tation and sale of said material less the amount received from the  sale
of said material.
  [b.  For  purposes  of this section, "components" shall include paper,
glass, metals, plastics, garden and yard waste, and  may  include  other
elements of solid waste.]
  c.  Prior to [exercising the authority of this section to enact such a
local law or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH  (III)
OF  PARAGRAPH  B  OF  THIS  SUBDIVISION AFTER THE EFFECTIVE DATE OF SUCH
SUBPARAGRAPH, the municipality shall hold a public hearing  relating  to
its  proposed  provisions  and  shall give due consideration to existing
source separation, recycling and [other resource recovery]  SOLID  WASTE
DISPOSAL  activities  in  the area, to the adequacy of markets for sepa-
rated materials, and to any additional effort and expense to be incurred
by residents  in  meeting  the  proposed  separation  requirements.  The
authority  provided  in this section shall be in addition to and without

A. 1319                             3

limitation upon the authority vested in municipalities under  any  other
statute.
  S  3.  Severability.    If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the  remainder  thereof,  but  shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof  directly  involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.