S T A T E O F N E W Y O R K
________________________________________________________________________
5184
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. TITONE, TOBACCO -- Multi-Sponsored by -- M. of A.
HYER-SPENCER -- read once and referred to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting transloading of certain waste at facilities in Richmond
county
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 27-0309 to read as follows:
S 27-0309. PROHIBITIONS ON SOLID WASTE, TOXIC WASTES AND HAZARDOUS
WASTES; RICHMOND COUNTY.
1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND EXCEPT AS PROVIDED
IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, NEITHER THE CITY OF NEW
YORK NOR ANYONE AFFILIATED WITH SUCH CITY, SHALL ENGAGE IN THE TRANS-
LOADING OF MUNICIPAL SOLID WASTES, TOXIC WASTES OR HAZARDOUS WASTES AT
ANY FACILITY IN RICHMOND COUNTY, UNLESS SUCH WASTES ORIGINATE IN RICH-
MOND COUNTY.
2. THE CITY OF NEW YORK OR OTHER AUTHORIZED ENTITY MAY ENGAGE IN THE
TRANSLOADING OF MUNICIPAL SOLID WASTES, TOXIC WASTES AND HAZARDOUS
WASTES ONLY AFTER AN ENVIRONMENTAL IMPACT STUDY IS CONDUCTED IN ACCORD-
ANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THIS CHAPTER. A PUBLIC
HEARING SHALL BE HELD NOT LATER THAN THIRTY DAYS FOLLOWING THE
COMPLETION OF SUCH STUDY.
3. THIS SECTION SHALL NOT APPLY TO MUNICIPAL SOLID WASTES, TOXIC
WASTES OR HAZARDOUS WASTES WHICH ARE RECEIVED AT A FACILITY IN RICHMOND
COUNTY IN A CONTAINER WHICH IS SUBSEQUENTLY SHIPPED OUT OF RICHMOND
COUNTY WITHOUT THE CONTAINER HAVING BEEN OPENED.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02998-01-9