senate Bill S183

2011-2012 Legislative Session

Permits counties, towns, cities and villages to dispose of drugs by incineration without first obtaining a variance

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 05, 2011 referred to environmental conservation

S183 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 27 ยง27-2705, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S4967

S183 - Bill Texts

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Permits counties, towns, cities and villages to dispose of drugs by incineration without first obtaining a variance.

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BILL NUMBER:S183

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the disposal
of drugs by incineration

PURPOSE: To permit counties, towns, cities and villages
(municipalities) to dispose of drugs by incineration without first
obtaining a variance.

SUMMARY OF PROVISIONS: Section 1 amends Title 27 of
Article 27 of the
environmental conservation law as added by chapter 625 of the laws of
2008 to create a new section 27-2705.

Section 27-2706 allows any county, town, city or village in the state
to apply to the department for a permit to incinerate unused,
unwanted or expired drugs at facilities owned and maintained, by such
municipalities with the manner and form to be determined by the
department. It will allow the municipality to get a permit without
also requiring a variance from the department. The department as part
of the application process will take sufficient steps to make
sufficient inspections of the incineration facilities for which such
permit is sought in order to ensure that the disposal of drugs by
incineration will comply with all environmental and health
requirements associated with incineration.

JUSTIFICATION: In order to address the emerging
environmental and
public health concerns associated with improper disposal of unused
and expired medication municipalities have been sponsoring "unwanted
pharmaceutical collection events". The requirement of continuously
applying for variances for each event puts an onerous burden on the
municipality. This bill would alleviate this burden by allowing
municipalities to apply for a permit which would let them hold events
without individual variances.

BILL HISTORY:
S4967 of 2009/2010; Referred to Environmental Conservation

FISCAL IMPLICATIONS:None

EFFECTIVE DATE: This act shall take effect on the
thirtieth day after
it shall become a law.

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

                                   183

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  disposal of drugs by incineration

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

  Section 1. Title 27 of article 27 of  the  environmental  conservation
law, as added by chapter 625 of the laws of 2008, is amended by adding a
new section 27-2705 to read as follows:
S 27-2705. DISPOSAL OF DRUGS BY INCINERATION.
  ANY  COUNTY,  TOWN,  CITY  OR  VILLAGE  IN THIS STATE MAY APPLY TO THE
DEPARTMENT FOR A PERMIT TO INCINERATE UNUSED, UNWANTED OR EXPIRED  DRUGS
AT  FACILITIES  OWNED  AND  MAINTAINED  BY  SUCH  COUNTY,  TOWN, CITY OR
VILLAGE. SUCH APPLICATION FOR SUCH PERMIT SHALL BE IN A MANNER AND  FORM
TO  BE  DETERMINED  BY  THE  DEPARTMENT. SUCH PERMIT, WHEN ISSUED, SHALL
PERMIT SUCH COUNTY, TOWN, CITY OR VILLAGE TO DISPOSE OF DRUGS BY  INCIN-
ERATION  WITHOUT FIRST OBTAINING A VARIANCE FROM THE DEPARTMENT. AS PART
OF THE APPLICATION PROCESS, THE DEPARTMENT SHALL TAKE  SUFFICIENT  STEPS
AND MAKE SUFFICIENT INSPECTIONS OF THE INCINERATION FACILITIES FOR WHICH
SUCH  PERMIT  IS SOUGHT IN ORDER TO INSURE THAT THE DISPOSAL OF DRUGS BY
INCINERATION SHALL BE HAD IN A MANNER TO COMPLY WITH  ALL  ENVIRONMENTAL
AND HEALTH REQUIREMENTS ASSOCIATED WITH SUCH INCINERATION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01039-01-1

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