S T A T E   O F   N E W   Y O R K
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                                 9855--A

                          I N  A S S E M B L Y

                            February 3, 2010
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on  Environmental  Conservation -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  notification of hazardous substance releases

  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 27-1310 to read as follows:
S 27-1310. NOTIFICATION.
  1.  THE DEPARTMENT SHALL GIVE NOTICE WITHIN SIXTY DAYS TO ALL PROPERTY
OWNERS AND MUNICIPALITIES WITHIN TWO THOUSAND FIVE HUNDRED  FEET  OF  AN
INACTIVE  HAZARDOUS WASTE DISPOSAL SITE AFFECTED BY ANY OF THE FOLLOWING
CIRCUMSTANCES:
  (A) WHENEVER THE DEPARTMENT FIRST BECOMES AWARE OF THE RELEASE OR  THE
THREAT  OF THE RELEASE OF A HAZARDOUS SUBSTANCE FOR WHICH THE DEPARTMENT
MAY ASSESS REMOVAL OR REMEDIATION COSTS;
  (B) WHENEVER THE DEPARTMENT BECOMES AWARE OF EVIDENCE OF  THE  RELEASE
OF A HAZARDOUS SUBSTANCE THAT MAY DIRECTLY AND FORESEEABLY IMPACT GROUND
WATER OR THAT MAY DIRECTLY AND FORESEEABLY PRESENT A RISK OF EXPOSURE TO
HUMANS;
  (C)  WHENEVER  THE  DEPARTMENT  CONSIDERS  IT  APPROPRIATE TO EMPLOY A
COMMUNITY RELATIONS SPECIALIST IN ANY CAPACITY WITH RESPECT TO A RELEASE
OR THREAT OF RELEASE OF A HAZARDOUS SUBSTANCE; OR
  (D) WHENEVER THE DEPARTMENT SERVES NOTICE ON A RESPONSIBLE PARTY AS  A
RESULT OF ANY SIGNIFICANT SPILLING, LEAKING, PUMPING, POURING, EMITTING,
EMPTYING,   DISCHARGING,  INJECTING,  ESCAPING,  LEACHING,  DUMPING,  OR
DISPOSING INTO THE ENVIRONMENT ANY  WASTE,  SPECIAL  WASTE,  POTENTIALLY
INFECTIOUS  MEDICAL  WASTE,  POLLUTION CONTROL WASTE, INDUSTRIAL PROCESS
WASTE, HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, OR CONTAMINANTS,  THAT  MAY
CONSTITUTE AN IMMINENT OR SUBSTANTIAL ENDANGERMENT TO HUMANS.
  2.  AT  A  MINIMUM,  NOTICE  SHALL BE GIVEN BY DIRECT MAIL, WHETHER BY
LETTER OR POSTCARD, AND MUST CONTAIN THE FOLLOWING INFORMATION:
  (A) THE ADDRESS AND PHYSICAL DESCRIPTION OF EACH SITE;

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

                                                           LBD15072-05-0

A. 9855--A                          2

  (B) A BRIEF DESCRIPTION OF THE EVENTS SPECIFIED IN SUBDIVISION ONE  OF
THIS SECTION, INCLUDING, BUT NOT LIMITED TO:
  (I) THE PRESENCE AND TYPE OF HAZARDOUS SUBSTANCE OR CHEMICALS RELEASED
OR THREATENED TO BE RELEASED;
  (II)  A BRIEF DESCRIPTION OF THE NATURE AND HEALTH RISKS, OR POTENTIAL
HEALTH RISKS, OF THE HAZARDOUS SUBSTANCE OR A  LINK  TO  THE  DEPARTMENT
WEBSITE,  THAT  IS  FREQUENTLY  UPDATED AND CONTAINS DESCRIPTIONS OF THE
CHEMICALS' NATURE AND HEALTH RISKS; AND
  (III) WHETHER THERE WAS ANY SPILLING, LEAKING, PUMPING, POURING, EMIT-
TING, EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING,  OR
DISPOSING  OF  ANY  HAZARDOUS SUBSTANCE INTO OR ONTO THE LAND, WATER, OR
AIR; AND
  (C) THE CASE NUMBER OF THE ENFORCEMENT ACTION  FOR  WHICH  NOTICE  HAS
BEEN GIVEN.
  3. THE DEPARTMENT SHALL PROVIDE NOTICE BY NEWSPAPER AND ON THE DEPART-
MENT WEBSITE UNDER THE STANDARDS ESTABLISHED IN SUBDIVISION FOUR OF THIS
SECTION WHENEVER ANY OF THE FOLLOWING EVENTS OCCUR:
  (A)  WHENEVER  THE DEPARTMENT FIRST BECOMES AWARE OF A SITE UNDERGOING
REMEDIAL ACTION;
  (B) WHENEVER THE DEPARTMENT FIRST BECOMES AWARE OF  THE  EXISTENCE  OF
THE  PRESENCE OF A CONTAMINANT OR HAZARDOUS SUBSTANCE VIA A NOTIFICATION
REQUIREMENT UNDER ANY OF THE FOLLOWING ACTS OR REGULATIONS:
  (I) PURSUANT TO NOTIFICATION REQUIRED  BY  THE  FEDERAL  COMPREHENSIVE
ENVIRONMENTAL  RESPONSE  COMPENSATION  AND  LIABILITY  ACT  (CERCLA), 42
U.S.C.  SECTIONS 9603 (A) AND 9603 (C);
  (II) PURSUANT TO ACTIONS TAKEN UNDER CERCLA SECTION 9604(A);
  (III) ANY LISTING PURSUANT TO THE NATIONAL CONTINGENCY PLAN; OR
  (IV) PURSUANT TO ANY ACTION FOR JUDICIAL RELIEF UNDERTAKEN PURSUANT TO
THE FEDERAL SOLID WASTE ACT, 42 U.S.C. SECTIONS 6973 OR 6972 (A);
  (C) WHENEVER THE DEPARTMENT HAS CONFIRMED,  THROUGH  SOUND  SCIENTIFIC
METHODS,  THE  PRESENCE OF AN ENVIRONMENTAL CONTAMINANT THAT EXCEEDS THE
APPLICABLE FEDERAL OR STATE HEALTH AND SAFETY STANDARDS; OR
  (D) WHENEVER THE DEPARTMENT IS AWARE OF  THE  PRESENCE  OF  A  LEAKING
UNDERGROUND STORAGE TANK.
  4. NOTICE OF THE EVENTS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION
MUST  BE PLACED ON A QUARTERLY BASIS IN A NEWSPAPER WIDELY CIRCULATED IN
THE AREAS WHERE THE CONDITION DESCRIBED IN  SUBDIVISION  THREE  OF  THIS
SECTION  OCCURS  FOR A MINIMUM PERIOD OF TWO YEARS. THE NEWSPAPER NOTICE
MUST CONTAIN THE FOLLOWING INFORMATION  IN  NO  LESS  THAN  ELEVEN-POINT
FONT:
  (A)  A  GENERAL  DESCRIPTION  OF  THE  EVENTS LEADING UP TO THE EVENTS
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION:
  (I) WHETHER THERE WAS ANY SPILLING, LEAKING, PUMPING,  POURING,  EMIT-
TING,  EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING, OR
DISPOSING OF ANY OF THE ITEMS LISTED IN SUBPARAGRAPH (II) OF THIS  PARA-
GRAPH INTO OR ONTO THE LAND, WATER, OR AIR; AND
  (II)  THE PRESENCE OF ANY WASTE, SPECIAL WASTE, POTENTIALLY INFECTIOUS
MEDICAL  WASTE,  POLLUTION  CONTROL  WASTE,  INDUSTRIAL  PROCESS  WASTE,
HAZARDOUS WASTE, HAZARDOUS SUBSTANCE, OR CONTAMINANT;
  (B) A DESCRIPTION OF THE PHYSICAL LOCATION OF EACH SITE, INCLUDING THE
LEGAL  DESCRIPTION  OF  THE PROPERTY AND THE STREET NAMES BORDERING EACH
SITE;
  (C) INFORMATION RELATING TO THE NATURE AND HEALTH RISKS OF THE HAZARD-
OUS SUBSTANCES OR THE ADDRESS OF THE DEPARTMENT WEBSITE WHERE ADDITIONAL
INFORMATION MAY BE GATHERED ABOUT THE NATURE AND HEALTH RISKS ASSOCIATED
WITH THE POLLUTANTS; AND

A. 9855--A                          3

  (D) IN THE CIRCUMSTANCE WHEN NOTICE IS TO BE GIVEN REGARDING THE PRES-
ENCE OF A LEAKING UNDERGROUND STORAGE TANK, IT IS  SUFFICIENT  THAT  THE
NEWSPAPER  NOTICE  IDENTIFY  THE  GENERAL AREA WHERE EACH LEAKING UNDER-
GROUND STORAGE TANK IS LOCATED AND SPECIFICALLY PROVIDE INSTRUCTIONS  TO
DETERMINE  THE  EXACT LOCATIONS OF THE LEAKING UNDERGROUND STORAGE TANKS
THROUGH A WEBSITE OR  OTHER  SEARCHABLE  DATA  BASE  MAINTAINED  BY  THE
DEPARTMENT.
  5. THE DEPARTMENT IS NOT LIABLE FOR THE ACCURACY, AVAILABILITY, OR USE
OF  ANY  INFORMATION PROVIDED UNDER THIS SECTION UNLESS THE DEPARTMENT'S
ACT OR OMISSION CONSTITUTES WILLFUL AND WANTON MISCONDUCT.
  6. AT A MINIMUM, THE DEPARTMENT SHALL  PROVIDE  AN  ANNUAL  UPDATE  ON
INACTIVE HAZARDOUS WASTE DISPOSAL SITES ON THE DEPARTMENT WEBSITE.
  S 2. This act shall take effect immediately.