Senate Bill S1007

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

                                  1007

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general municipal law and the environmental  conser-
  vation  law,  in relation to the solid waste management plan in cities
  with a population of one million or more

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

  Section  1.  Paragraph  a  of  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:
  a.  Pursuant  to  the authority of this section, EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF SECTION 27-0107  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW, no later than September first, nineteen hundred ninety-two, a muni-
cipality shall adopt such a local law or ordinance to require that solid
waste  which  has  been left for collection or which is delivered by the
generator of such waste to a solid waste management facility,  shall  be
separated  into recyclable, [reuseable] REUSABLE or other components for
which economic markets for alternate uses exist.  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.
  S  2.  Subdivision 2 of section 27-0107 of the environmental conserva-
tion law is renumbered subdivision 3 and a new subdivision 2 is added to
read as follows:
  2. THE PLAN, OR ANY MODIFICATION THEREOF, SUBMITTED BY A PLANNING UNIT
COMPRISED OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, WILL  BE
IN  EFFECT  FOR  SUCH PLANNING UNIT IF THE DEPARTMENT FINDS IN APPROVING
THE PLAN OR MODIFICATION THEREOF THAT THE PLAN, OR THE PLAN AS MODIFIED,
CONTAINS THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION  ONE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06667-01-9
              

S. 1007                             2

THIS  SECTION  AND  EITHER CONFORMS TO REQUIREMENTS SET FORTH IN SECTION
ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW OR:
  (A)  DEMONSTRATES THE PLANNING UNIT'S EFFORTS TO ACHIEVE, TO THE MAXI-
MUM EXTENT PRACTICABLE, EITHER PRIOR TO  OR  FOLLOWING  COLLECTION,  THE
GOALS  OF  THE  STATE POLICY ON SOLID WASTE MANAGEMENT AS ARTICULATED IN
SECTION 27-0106 OF THIS TITLE AND AS  ESTABLISHED  IN  THE  STATE  SOLID
WASTE  MANAGEMENT  PLAN  PREPARED  PURSUANT  TO  SECTION 27-0103 OF THIS
TITLE; AND
  (B) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED FOR THE MANDATORY
SEPARATION, EITHER PRIOR TO OR FOLLOWING COLLECTION, BY SEPTEMBER FIRST,
TWO THOUSAND TEN, OF RECYCLABLE, REUSABLE OR OTHER COMPONENTS  OF  SOLID
WASTE  FOR  WHICH  ECONOMIC  MARKETS  FOR  ALTERNATE USES EXIST, AND FOR
CONTINUING MONITORING AND ENFORCEMENT TO ACHIEVE THE  RECOVERY  OF  SUCH
COMPONENTS; AND
  (C)  DEMONSTRATES  THAT  THE PLANNING UNIT HAS PROVIDED THAT THE SOLID
WASTE TO BE SEPARATED FOLLOWING  COLLECTION  IS  GENERATED  SOLELY  FROM
COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL SOURCES; AND
  (D)  PROVIDES, OR DEMONSTRATES THAT THE PLANNING UNIT HAS ESTABLISHED,
A SCHEDULE FOR THE ESTABLISHMENT BY SEPTEMBER FIRST, TWO THOUSAND EIGHT,
OF ENFORCEABLE MEASURES WHICH MINIMIZE CONTAMINATION AND MAXIMIZE  MARK-
ETABILITY  OF  RECYCLABLE,  REUSABLE  OR OTHER COMPONENTS OF SOLID WASTE
RECOVERED FOLLOWING COLLECTION; AND
  (E) PROVIDES, OR DEMONSTRATES THAT THE PLANNING UNIT HAS  ESTABLISHED,
A  SCHEDULE  FOR THE ESTABLISHMENT BY SEPTEMBER FIRST, TWO THOUSAND TEN,
OF ENFORCEABLE MEASURES FOR THE REPORTING OF THE  POST-COLLECTION  SEPA-
RATION  PROCESSES,  AND  THE SALE OR DISPOSITION OF THE SEPARATED COMPO-
NENTS AND RESIDUES; AND
  (F) DEMONSTRATES THAT THE PLANNING UNIT HAS PROVIDED OR  WILL  PROVIDE
BY SEPTEMBER FIRST, TWO THOUSAND TEN, FOR SEPARATION OF SOLID WASTE INTO
RECYCLABLE,  REUSABLE  OR  OTHER COMPONENTS FOLLOWING COLLECTION ONLY AT
SOLID WASTE MANAGEMENT FACILITIES OPERATING PURSUANT TO A  VALID  PERMIT
OR ORDER ISSUED BY THE DEPARTMENT OR OTHERWISE LAWFULLY OPERATING; AND
  (G)  ANNUALLY  DEMONSTRATES  FINANCIAL COMMITMENT, AS REFLECTED IN THE
RELEVANT PORTIONS OF  THE  PLANNING  UNIT'S  FOUR-YEAR  FINANCIAL  PLAN,
NECESSARY  TO  ACHIEVE THE MANDATORY SEPARATION, BY SEPTEMBER FIRST, TWO
THOUSAND TEN, OF COMPONENTS OF SOLID WASTE AS SET FORTH IN PARAGRAPH (B)
OF THIS SUBDIVISION.
  S 3.  This act shall take effect immediately.