BILL NUMBER:A10820
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to reimbursement to municipal corporations for costs associated
with the release or threatened release of any putrescible or non-putres-
cible waste by any person engaged in the transportation of such waste by
rail
PURPOSE: The purpose of this bill is to require a transporter of
putrescible or non-putrescible waste that is responsible for a spill of
waste that resulted in the need for emergency response to reimburse the
municipality for the costs associated with the emergency response.
SUMMARY OF PROVISIONS: This bill amends the environmental conservation
law by adding a new section 27-0709.
JUSTIFICATION: There are documented incidents in which waste haulers
have caused putrescible and/or non putrescible waste to be spilled that
has resulted in the need to evacuate neighboring residential areas in
response to the presence or threat of fire from these spills. Properly
transported, these emergencies could be avoided. This legislation
requires a hauler of putrescible or non-putrescible waste that causes
the need for emergency response to be called to an incident or threat of
an incident to reimburse the municipality for the costs associated with
the emergency response.
S T A T E O F N E W Y O R K
________________________________________________________________________
10820
I N A S S E M B L Y
April 23, 2010
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
reimbursement to municipal corporations for costs associated with the
release or threatened release of any putrescible or non-putrescible
waste by any person engaged in the transportation of such waste by
rail
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. REIMBURSEMENT FOR CLEANUP RESPONSE.
1. ANY MUNICIPAL CORPORATION SHALL BE ENTITLED TO REIMBURSEMENT FOR
COSTS ASSOCIATED WITH THE RESPONSE TO ANY INCIDENT INVOLVING THE RELEASE
OR THREATENED RELEASE OF ANY PUTRESCIBLE WASTE OR NON-PUTRESCIBLE WASTE
BY ANY PERSON ENGAGED IN THE TRANSPORTATION OF SUCH WASTE BY RAIL.
2. "COSTS" AS USED IN THIS SECTION, INCLUDE, BUT ARE NOT LIMITED TO
ANY COSTS:
(A) INCURRED DURING THE CLEANUP OF ANY UNLAWFUL DISPOSAL OF PUTRESCI-
BLE OR NON-PUTRESCIBLE WASTE;
(B) EXPENDED FOR EMERGENCY RESPONSE OR INCURRED BY EMERGENCY RESPON-
DERS; AND
(C) THE COMMISSIONER DEEMS APPROPRIATE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16951-01-0
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