S T A T E   O F   N E W   Y O R K
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                                   748

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

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

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.

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

                                                           LBD01770-01-9

A. 748                              2

  2. A. NO TRANSPORTER SHALL  COMMINGLE  RECYCLABLE  MATERIALS  OR  YARD
WASTE  WITH  OTHER  SOLID  WASTE,  OR CAUSE RECYCLABLE MATERIALS OR YARD
WASTE TO BE COMMINGLED WITH OTHER SOLID WASTE.
  B. NO TRANSPORTER SHALL DELIVER RECYCLABLE MATERIALS OR YARD WASTE TO,
OR  CAUSE  RECYCLABLE MATERIALS OR YARD WASTE TO BE DELIVERED TO: (I) AN
INCINERATOR; (II) A LANDFILL; (III)  A  TRANSFER  STATION,  UNLESS  SUCH
RECYCLABLE  MATERIALS  OR YARD WASTE ARE KEPT SEPARATED FROM OTHER SOLID
WASTE; OR (IV) ANYONE WHO THE TRANSPORTER  KNOWS  OR  SHOULD  KNOW  WILL
EITHER  COMMINGLE  SUCH  RECYCLABLE  MATERIALS  OR YARD WASTE WITH OTHER
SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS OR  YARD  WASTE  TO  AN
INCINERATOR OR A LANDFILL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL ACCEPT RECYCLABLE
MATERIALS OR YARD WASTE FOR DISPOSAL.
  D.  NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE RECYCLABLE MATE-
RIALS OR YARD WASTE WITH OTHER SOLID WASTE, OR TRANSFER RECYCLABLE MATE-
RIALS OR YARD WASTE OR CAUSE RECYCLABLE MATERIALS OR YARD  WASTE  TO  BE
TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
  S  2. Subdivision 2 of section 120-aa of the general municipal law, as
amended by chapter 70 of the  laws  of  1988,  is  amended  to  read  as
follows:
  2. a. Pursuant to the authority of this section, no later than Septem-
ber  first,  [nineteen  hundred ninety-two] TWO THOUSAND NINE, a munici-
pality shall [adopt] AMEND such a local law or ordinance to require that
RECYCLABLE MATERIALS AND YARD WASTE BE SEPARATED FROM OTHER solid  waste
which  has been left for collection or which is delivered by the genera-
tor of such waste to a solid waste management facility[, shall be  sepa-
rated into].
  B.  FOR  PURPOSES  OF  THIS  SECTION, "RECYCLABLE MATERIALS" MEANS AND
INCLUDES THE WASTE MATERIALS OF COMMERCIAL AND  RESIDENTIAL  GENERATORS,
AS FOLLOWS:
  (I) NEWSPRINT, WRITING PAPER, AND MIXED PAPER;
  (II) GREEN, CLEAR, AND BROWN GLASS CONTAINERS;
  (III) METAL CONTAINERS, ALUMINUM CONTAINERS, AND BI-METAL CONTAINERS;
  (IV)  POLYETHYLENE  TERAPHTHALATE (#1 CODE) PLASTICS, AND HIGH DENSITY
POLYETHYLENE (#2 CODE) PLASTICS;
  (V) CORRUGATED CARDBOARD, AND PAPER BOARD;
  (VI) YARD WASTE; AND
  (VII) ANY OTHER recyclable, reuseable or other [components]  MATERIALS
for  which  THE MUNICIPALITY DETERMINES THAT economic markets for alter-
nate uses exist, OR WHICH THE MUNICIPALITY DETERMINES  SHOULD  BE  SEPA-
RATED  FROM OTHER SOLID WASTE OR YARD 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,  transportation 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. FOR PURPOSES OF THIS SECTION, "YARD WASTE" SHALL MEAN LEAVES, GRASS
CLIPPINGS, GARDEN DEBRIS, AND WOOD  DEBRIS  INCLUDING  TREE  TRUNKS  AND
SMALL OR CHIPPED BRANCHES; BUT EXCLUDING MINOR AMOUNTS.
  D.  Prior to [exercising the authority of this section to enact such a
local law or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH  (VII)
OF  PARAGRAPH  B  OF  THIS  SUBDIVISION AFTER THE EFFECTIVE DATE OF SUCH
SUBPARAGRAPH, the municipality shall hold a public hearing  relating  to

A. 748                              3

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.
  [d.] E. In fulfillment of the provisions of  this  section  a  munici-
pality  may use public lands or buildings or private lands or buildings,
open to the public, upon written consent of the owner,  as  a  recycling
center  or depot for the storage of recyclable materials.  The office of
general services and any other agency, authority or  commission  holding
title to lands or buildings in the name of the people of the state shall
fully  cooperate  with  any  person  acting  under the authority of this
section to establish a recycling program, provided that such use is  not
inconsistent  with  the  principle  purpose  of such lands or buildings,
subject to local zoning restrictions.
  S 3. If any clause, sentence, paragraph, section or part of  this  act
shall  be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder ther-
eof, but shall be confined in its operation  to  the  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; provided that section 27-0709 of  the  envi-
ronmental  conservation  law, as added by section one of this act, shall
not be enforceable until September 1, 2013.