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Assembly Bill A4952

2009-2010 Legislative Session

Authorizes department of environmental conservation to determine maximum number of permits for new solid waste management facilities

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Archive: Last Bill Status - In Assembly Committee

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2009-A4952 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง27-0707, En Con L

2009-A4952 (ACTIVE) - Summary

Directs the department of environmental conservation to determine the maximum number of permits and tonnage capacities for new solid waste management facilities within a given geographic area; sets maximum number for a geographic area of a community board at 15.

2009-A4952 (ACTIVE) - Bill Text download pdf 

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

                                  4952

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- Multi-Sponsored by -- M. of A. CLARK,
  GLICK  --  read  once  and  referred to the Committee on Environmental
  Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing  the department of environmental conservation to determine
  the maximum number of permits for new solid waste  management  facili-
  ties within a given geographic area

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 27-0707 of the environmental  conservation  law  is
amended by adding a new subdivision 8 to read as follows:
  8.  THE  DEPARTMENT SHALL DETERMINE A REASONABLE DENSITY AND NUMBER OF
SOLID WASTE  MANAGEMENT  FACILITIES  THAT  MAY  BE  LOCATED  WITHIN  ANY
DISCRETE  NEIGHBORHOOD,  HAMLET,  OR COMMUNITY BOARD JURISDICTION; THESE
GEOGRAPHIC AREAS WILL BE DESIGNATED BY ZIP CODES ASSIGNED BY THE  UNITED
STATES  POSTMASTER GENERAL.  IN REVIEWING THE DECISION TO ISSUE A PERMIT
IN RELATION TO THE NUMBER AND DENSITY OF SOLID WASTE MANAGEMENT  FACILI-
TIES  IN A PARTICULAR LOCATION, THE DEPARTMENT SHALL TAKE INTO CONSIDER-
ATION THE GROSS TONNAGE CAPACITY OF EACH FACILITY IN  RELATION  TO  SUCH
POPULATION  OF  THE AREA SERVED.  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE DEPARTMENT IS AUTHORIZED TO DENY ANY ADDITIONAL
PERMITS FOR THAT GEOGRAPHIC AREA ONCE THE MAXIMUM NUMBER  OF  FACILITIES
IS  REACHED.  IN THE CASE OF A GEOGRAPHIC AREA OF A COMMUNITY BOARD, THE
MAXIMUM NUMBER OF FACILITIES SHALL BE FIFTEEN.
  S 2. This act shall take effect immediately and shall apply to  appli-
cations submitted on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08545-01-9

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