S T A T E O F N E W Y O R K
________________________________________________________________________
4445--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. PERRY, JAFFEE, COLTON -- Multi-Sponsored by -- M.
of A. ROBINSON, SCARBOROUGH, SCHIMEL -- read once and referred to the
Committee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the establishment or conversion of medical waste treat-
ment, storage, transfer or disposal facilities within one-half mile of
any residential area, prohibiting the issuance of permits to such
facilities, and providing for the annual review of permits issued to
previously-existing medical waste treatment, storage, transfer or
disposal facilities located within one mile of any residential area
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-1517 of the environmental conservation law is
amended by adding a new subdivision 4 to read as follows:
4. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: (I) NO
FACILITY PROVIDING FOR THE STORAGE, TRANSPORTATION, TREATMENT OR
DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE CONSTRUCTED WITHIN ANY AREA
WITHIN THE STATE WHERE LOCAL ZONING LAWS PROHIBIT THE OPERATION OF SUCH
FACILITY OR IN ANY AREA WHICH IS WITHIN ONE-HALF MILE OF A RESIDENTIAL
AREA LOCATED WITHIN THE STATE; AND
(II) NO EXISTING FACILITY LOCATED WITHIN THE STATE SHALL BE CONVERTED
TO A FACILITY PROVIDING FOR THE STORAGE, TRANSPORTATION, TREATMENT OR
DISPOSAL OF REGULATED MEDICAL WASTE UNLESS THE FACILITY IS LOCATED IN AN
AREA WHERE LOCAL ZONING LAWS PERMIT THE OPERATION OF SUCH FACILITY AND
SUCH AREA IS NOT WITHIN ONE-HALF MILE OF A RESIDENTIAL AREA LOCATED
WITHIN THE STATE.
B. NO PERMIT AUTHORIZING THE STORAGE, TRANSPORTATION, TREATMENT OR
DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE ISSUED TO ANY FACILITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION BY THE DEPARTMENT OR BY ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07183-07-9
A. 4445--A 2
REGIONAL, DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF HEALTH,
OR LOCAL HEALTH DEPARTMENT TO WHICH THE DEPARTMENT HAS DELEGATED RESPON-
SIBILITY TO ISSUE OR REVIEW PERMITS.
C. (I) ALL PERMITS FOR WHICH CONDITIONAL OR FINAL APPROVAL HAS BEEN
GRANTED OR WHICH HAVE BEEN ISSUED TO FACILITIES PROVIDING FOR THE STOR-
AGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE
AND LOCATED WITHIN AREAS OF THE STATE NOT ZONED FOR USE BY SUCH FACILITY
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO ANNUAL
REVIEW BY THE DEPARTMENT OR BY ANY REGIONAL, DISTRICT OR COUNTY OFFICES
OF THE STATE DEPARTMENT OF HEALTH, OR LOCAL HEALTH DEPARTMENT TO WHICH
THE DEPARTMENT HAS DELEGATED RESPONSIBILITY TO ISSUE OR REVIEW PERMITS.
ANY PERMIT, RENEWAL PERMIT OR MODIFIED PERMIT ISSUED FOLLOWING SUCH
REVIEW SHALL BE VALID FOR A PERIOD NOT TO EXCEED ONE YEAR.
(II) THE COMMISSIONER MAY, CONSISTENT WITH ARTICLES TWENTY-THREE AND
TWENTY-THREE-A OF THE CORRECTION LAW, AND THE PROVISIONS OF SECTION
70-0115 OF THIS CHAPTER, DENY, SUSPEND, REVOKE OR MODIFY ANY PERMIT,
RENEWAL OR MODIFICATION THERETO FOR THE STORAGE, TRANSPORTATION, TREAT-
MENT OR DISPOSAL OF REGULATED MEDICAL WASTE, UPON A WRITTEN DETERMI-
NATION THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC HEALTH AND
SAFETY AND THAT ANY OF THE PROVISIONS OF PARAGRAPH A, B, C OR D OF
SUBDIVISION ONE OF THIS SECTION APPLY.
D. ANY ACTION INVOLVING THE CONSTRUCTION OR EXPANSION OF A SOLID WASTE
TRANSFER STATION WITHIN A HALF MILE OF A RESIDENTIAL ZONED AREA SHALL BE
DEEMED TO HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT REQUIRING THE
PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SECTION
8-0109 OF THIS CHAPTER. SUCH STATEMENT SHALL MEET THE REQUIREMENTS OF
THE MOST DETAILED ENVIRONMENTAL IMPACT STATEMENT REQUIRED BY SUCH
SECTION 8-0109 OR BY ANY SUCH RULE OR REGULATION PROMULGATED PURSUANT TO
SUCH SECTION AND SHALL INCLUDE THE HOLDING OF A PUBLIC HEARING OR HEAR-
INGS.
E. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO HOSPITALS AND
OTHER FACILITIES WHICH PROVIDE MEDICAL SERVICES AND GENERATE MEDICAL
WASTE FROM THEIR OPERATIONS AND WHICH PROVIDE ON-SITE STORAGE OF OR
PERFORM ON-SITE TREATMENT AND DISPOSAL OF REGULATED MEDICAL WASTE.
F. AS USED IN THIS SUBDIVISION, "RESIDENTIAL AREA" MEANS ANY AREA
ZONED FOR RESIDENTIAL USE, REGARDLESS OF WHETHER SUCH AREA IS ALSO ZONED
FOR OTHER USE.
G. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION.
S 2. This act shall take effect immediately.