Senate Bill S7130

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

                                  7130

                            I N  S E N A T E

                             March 15, 2010
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

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.
  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.

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

                                                           LBD01347-01-9

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  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
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

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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.