S T A T E O F N E W Y O R K
________________________________________________________________________
4722
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. MORELLE, SCHIMMINGER, CLARK, GREENE -- Multi-
Sponsored by -- M. of A. GALEF, KOON, V. LOPEZ, WRIGHT -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing a small quantity generator education and compliance
program
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 27-0927 to read as follows:
S 27-0927. SMALL QUANTITY GENERATOR EDUCATION AND COMPLIANCE PROGRAM.
1. THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH AND
IMPLEMENT A SMALL QUANTITY GENERATOR EDUCATION AND COMPLIANCE PROGRAM.
THE PURPOSE OF SUCH PROGRAM SHALL BE TO PROVIDE INFORMATION TO PERSONS
WHO ARE LIKELY TO BE SMALL QUANTITY GENERATORS TO PROMOTE THEIR UNDER-
STANDING OF AND COMPLIANCE WITH THE STATE'S HAZARDOUS WASTE REGULATIONS.
FOR THE PURPOSES OF THIS SECTION, THE TERM "SMALL QUANTITY GENERATOR"
SHALL MEAN ANY PERSON WHO GENERATES HAZARDOUS WASTE IN QUANTITIES LESS
THAN ONE THOUSAND KILOGRAMS IN ANY CALENDAR MONTH PROVIDED, HOWEVER,
SUCH TERM SHALL NOT INCLUDE AN OWNER, OPERATOR, OR LESSEE OF RESIDENTIAL
PROPERTY FROM WHICH ALL OF SUCH PERSON'S MUNICIPAL SOLID WASTE WAS
GENERATED WITH RESPECT TO SUCH RESIDENTIAL PROPERTY; AND "SOLID WASTE"
SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 27-0701 OF THIS ARTI-
CLE.
2. IN DEVELOPING AND IMPLEMENTING THE SMALL QUANTITY GENERATOR EDUCA-
TION AND COMPLIANCE PROGRAM, THE DEPARTMENT SHALL, AT A MINIMUM, UNDER-
TAKE THE FOLLOWING ACTIVITIES:
A. DEVELOP A MASTER LIST OF POTENTIAL SMALL QUANTITY GENERATORS. THE
PURPOSE OF SUCH LIST, WHICH IS TO BE DEVELOPED FROM INFORMATION READILY
AVAILABLE TO THE DEPARTMENT, INCLUDING INFORMATION COLLECTED BY THE
STATE DEPARTMENTS OF LABOR AND ECONOMIC DEVELOPMENT, IS TO IDENTIFY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08417-01-9
A. 4722 2
PERSONS WHO, BY VIRTUE OF THE TYPE OF BUSINESS ACTIVITY THEY UNDERTAKE,
HAVE A HIGH PROBABILITY OF BEING SMALL QUANTITY GENERATORS.
B. DEVELOP A SMALL QUANTITY GENERATOR EDUCATIONAL MANUAL. SUCH MANUAL,
WHICH IS TO BE MADE AVAILABLE FOR A CHARGE NOT TO EXCEED TWENTY-FIVE
DOLLARS, SHALL, AT A MINIMUM, PROVIDE THE FOLLOWING INFORMATION:
(I) A SUMMARY OF THE STATE'S HAZARDOUS WASTE REGULATIONS AS THEY
PERTAIN TO SMALL QUANTITY GENERATORS.
(II) A SAMPLE COPY OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY'S NOTIFICATION FORM FOR OBTAINING A FEDERAL HAZARDOUS WASTE IDENTIFI-
CATION NUMBER, ALONG WITH INSTRUCTIONS ON HOW TO OBTAIN AND COMPLETE
THIS FORM.
(III) A SAMPLE COPY OF NEW YORK STATE'S HAZARDOUS WASTE MANIFEST FORM,
ALONG WITH INSTRUCTIONS ON HOW TO OBTAIN AND COMPLETE THIS FORM.
C. DEVELOP, WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
INDUSTRY SPECIFIC INSERTS TO COMPLEMENT THE INFORMATION PROVIDED IN THE
SMALL QUANTITY GENERATOR EDUCATIONAL MANUAL. SUCH INSERTS SHALL BE
DEVELOPED OR OBTAINED FOR EACH MAJOR INDUSTRY CATEGORY OF SMALL QUANTITY
GENERATORS IN THE STATE, INCLUDING, BUT NOT LIMITED TO, VEHICLE MAINTE-
NANCE SHOPS, METAL MANUFACTURERS, CONSTRUCTION OPERATIONS, PRINT SHOPS,
CERAMIC SHOPS, DRY CLEANERS, PHOTOGRAPHY OPERATIONS, PESTICIDE FORMULA-
TORS AND APPLICATORS, ANALYTICAL AND CLINICAL LABORATORIES, AND EDUCA-
TIONAL AND VOCATIONAL FACILITIES. SUCH INDUSTRY SPECIFIC INSERTS, WHICH
ARE TO BE MADE AVAILABLE FREE OF CHARGE, SHALL INCLUDE SPECIFIC INFORMA-
TION ON:
(I) A LISTING, BY CHEMICAL AND/OR COMMON NAME, OF THE HAZARDOUS WASTES
TYPICALLY GENERATED BY PERSONS IN EACH MAJOR INDUSTRY GROUP.
(II) AVAILABLE SOURCE REDUCTION AND RECYCLING TECHNOLOGIES AND PROC-
ESSES FOR MANAGING SUCH WASTES, ALONG WITH INFORMATION ON GENERAL STRAT-
EGIES FOR IDENTIFYING AND IMPLEMENTING THESE TECHNOLOGIES AND PROCESSES.
(III) PREFERRED STORAGE, TREATMENT AND DISPOSAL ALTERNATIVES FOR SUCH
WASTES.
(IV) A COMPREHENSIVE LISTING, BY GEOGRAPHICAL REGION, OF ANALYTICAL
LABORATORIES, TRANSPORTERS, RECYCLING FIRMS, AND HAZARDOUS WASTE TREAT-
MENT, STORAGE AND DISPOSAL FACILITIES OPERATING IN NEW YORK STATE WHICH
OFFER SERVICES TO SMALL QUANTITY GENERATORS.
(V) A DESCRIPTION OF THE TECHNICAL ASSISTANCE AND INFORMATION TRANSFER
PROGRAMS SPONSORED BY THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPO-
RATION PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-FIVE-G OF THE PUBLIC
AUTHORITIES LAW. SUCH DESCRIPTION SHALL STRESS THE NON-REGULATORY AND
CONFIDENTIAL STATUS OF THE ENVIRONMENTAL FACILITIES CORPORATION'S
PROGRAMS.
(VI) A LISTING OF ANY OTHER SOURCES OF INFORMATION AVAILABLE TO SMALL
QUANTITY GENERATORS, INCLUDING, BUT NOT LIMITED TO, SERVICES, PROGRAMS
OR PUBLICATIONS SUPPORTED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY, COUNTY AND MUNICIPAL GOVERNMENTS, OR PRIVATE ORGANIZATIONS,
WHICH THE DEPARTMENT DETERMINES TO BE USEFUL IN PROMOTING THE ABILITY OF
SMALL QUANTITY GENERATORS TO INTERPRET AND COMPLY WITH THE STATE'S
HAZARDOUS WASTE REGULATIONS.
D. MAINTAIN A TOLL-FREE SMALL QUANTITY GENERATOR TELEPHONE HOTLINE
SERVICE TO PROVIDE INFORMATION ON THE STATE'S HAZARDOUS WASTE REGU-
LATIONS AS THEY PERTAIN TO SMALL QUANTITY GENERATORS.
E. CONDUCT, AS APPROPRIATE, SMALL QUANTITY GENERATOR COMPLIANCE SEMI-
NARS TO PROVIDE POTENTIAL SMALL QUANTITY GENERATORS WITH SPECIFIC INFOR-
MATION ON THE STATE'S HAZARDOUS WASTE REGULATIONS. THE DEPARTMENT MAY
HOLD SUCH SEMINARS, WHICH ARE TO BE PROVIDED FOR A CHARGE NOT TO EXCEED
A. 4722 3
FIFTY DOLLARS AT APPROPRIATE LOCATIONS AROUND THE STATE, IN CONJUNCTION
WITH TRADE ASSOCIATIONS AND OTHER MANUFACTURING ORGANIZATIONS.
3. A. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT AN INFORMATION AND
OUTREACH PROGRAM DIRECTED AT POTENTIAL SMALL QUANTITY GENERATORS. THE
PURPOSE OF SUCH INFORMATION AND OUTREACH PROGRAM SHALL BE TO INFORM
POTENTIAL SMALL QUANTITY GENERATORS OF:
(I) THE AVAILABILITY OF INFORMATION THROUGH THE DEPARTMENT'S SMALL
QUANTITY GENERATOR EDUCATION AND COMPLIANCE PROGRAM, INCLUDING, BUT NOT
LIMITED TO, THE SMALL QUANTITY GENERATOR COMPLIANCE AND WASTE MINIMIZA-
TION MANUAL, INDUSTRY SPECIFIC INSERTS, THE SMALL QUANTITY GENERATOR
TELEPHONE HOTLINE, AND SMALL QUANTITY GENERATOR COMPLIANCE SEMINARS.
(II) TECHNICAL ASSISTANCE AND INFORMATION TRANSFER PROGRAMS OFFERED BY
THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION PURSUANT TO
SECTION TWELVE HUNDRED EIGHTY-FIVE-G OF THE PUBLIC AUTHORITIES LAW.
B. AS A PART OF THE INFORMATION AND OUTREACH PROGRAM, THE DEPARTMENT
SHALL, WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
CONTACT BY MAIL EACH PERSON INCLUDED IN THE MASTER LIST OF POTENTIAL
SMALL QUANTITY GENERATORS. THE PURPOSE OF SUCH MAILING SHALL BE TO:
(I) INFORM EACH PERSON CONTACTED THAT THEY HAVE BEEN IDENTIFIED ON THE
MASTER LIST OF POTENTIAL SMALL QUANTITY GENERATORS.
(II) PROVIDE SUCH PERSONS WITH A BRIEF SUMMARY OF THE STATE'S HAZARD-
OUS WASTE REGULATIONS PERTAINING TO SMALL QUANTITY GENERATORS.
(III) PROVIDE SUCH PERSONS WITH A SUMMARY OF THE INFORMATION AND TECH-
NICAL ASSISTANCE PROGRAMS AVAILABLE TO POTENTIAL SMALL QUANTITY GENERA-
TORS, AS IDENTIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
4. THE COMMISSIONER SHALL, WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE
OF THIS SECTION AND ANNUALLY THEREAFTER, PREPARE AND SUBMIT TO THE
GOVERNOR AND THE LEGISLATURE A REPORT ON THE STATUS OF THE SMALL QUANTI-
TY GENERATOR EDUCATION AND COMPLIANCE PROGRAM. SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO:
A. THE NUMBER OF SMALL QUANTITY GENERATORS IDENTIFIED THROUGH THE NEW
YORK STATE HAZARDOUS WASTE MANIFEST SYSTEM. SUCH INFORMATION SHALL INDI-
CATE THE NUMBER OF SMALL QUANTITY GENERATORS WHICH GENERATE GREATER THAN
ONE HUNDRED KILOGRAMS OF HAZARDOUS WASTE PER CALENDAR MONTH AND THE
NUMBER OF SMALL QUANTITY GENERATORS WHICH GENERATE LESS THAN ONE HUNDRED
KILOGRAMS OF HAZARDOUS WASTE PER CALENDAR MONTH.
B. THE AGGREGATE AMOUNT OF HAZARDOUS WASTE PRODUCED ANNUALLY BY SMALL
QUANTITY GENERATORS UTILIZING THE NEW YORK STATE HAZARDOUS WASTE MANI-
FEST SYSTEM, ALONG WITH A BREAKDOWN OF THE AGGREGATE AMOUNT OF HAZARDOUS
WASTE PRODUCED ANNUALLY BY EACH MAJOR INDUSTRY CATEGORY OF SMALL QUANTI-
TY GENERATORS.
C. THE NUMBER OF PERSONS INCLUDED IN THE MASTER LIST OF POTENTIAL
SMALL QUANTITY GENERATORS, AS WELL AS THE STATUS OF THE DEPARTMENT'S
EFFORTS TO CONTACT THESE PERSONS BY MAIL OR OTHERWISE. SUCH REPORT
SHALL INCLUDE AN ASSESSMENT OF THE EXTENT TO WHICH MAILINGS TO PERSONS
INCLUDED IN SUCH MASTER LIST HAVE ENHANCED COMPLIANCE WITH THE STATE'S
HAZARDOUS WASTE REGULATIONS.
D. THE NUMBER OF BUSINESSES IN NEW YORK STATE THAT HAVE RECEIVED THE
SMALL QUANTITY GENERATOR COMPLIANCE AND WASTE MINIMIZATION MANUAL.
E. THE NUMBER OF SMALL QUANTITY GENERATOR COMPLIANCE SEMINARS HELD IN
THE PREVIOUS YEAR, ALONG WITH THE NUMBER OF PERSONS ATTENDING THESE
SEMINARS.
F. A DESCRIPTION OF THE BUDGET AND PERSONNEL RESOURCES THAT THE
DEPARTMENT HAS COMMITTED TO THE SMALL QUANTITY GENERATOR EDUCATION AND
COMPLIANCE PROGRAM.
A. 4722 4
G. ANY OTHER INFORMATION THAT THE DEPARTMENT DEEMS RELEVANT TO THE
PROGRAM, INCLUDING RECOMMENDATIONS FOR INCREASING THE EFFECTIVENESS OF
THE PROGRAM.
S 2. This act shall take effect immediately.