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Assembly Bill A287

2009-2010 Legislative Session

Prohibits the storage or disposal of toxic waste near residential property

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Archive: Last Bill Status - In Assembly Committee

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2009-A287 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0111, En Con L

2009-A287 (ACTIVE) - Summary

Prohibits the storage or disposal of toxic waste, including asbestos-containing material, at a site abutting residential property.

2009-A287 (ACTIVE) - Sponsor Memo

2009-A287 (ACTIVE) - Bill Text download pdf 

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

                                   287

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  disposal  or storage of toxic waste near residential
  property

  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 27-0111 to read as follows:
S 27-0111. DISPOSAL OR STORAGE OF TOXIC WASTE NEAR RESIDENTIAL PROPERTY.
  1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE  CONTRARY,  NO
PERSON  SHALL DISPOSE OF OR STORE TOXIC WASTE, INCLUDING BUT NOT LIMITED
TO, ASBESTOS-CONTAINING MATERIAL, AT A SITE THAT ABUTS OR ADJOINS  RESI-
DENTIAL PROPERTY.
  2.  FOR PURPOSES OF THIS SECTION "ASBESTOS-CONTAINING MATERIALS" SHALL
MEAN ANY MATERIAL COMPOSED OF ANY TYPE OF ASBESTOS IN QUANTITIES GREATER
THAN ONE PERCENT BY WEIGHT, EITHER ALONE OR MIXED WITH OTHER FIBROUS  OR
NON-FIBROUS MATERIAL.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law. Provided, however, that the commissioner of  environ-
mental  conservation  is  authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date on or before such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01190-01-9

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