S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
February 7, 2011
Introduced by Sen. GRISANTI -- 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 and the general
municipal law, in relation to disposal and source separation of
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
D. "RECYCLABLE MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
WHICH HAVE BEEN SEPARATED FROM OTHER SOLID WASTE PURSUANT TO A LOCAL
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.
S. 3029 2
2. A. NO TRANSPORTER SHALL COMMINGLE RECYCLABLE MATERIALS WITH OTHER
SOLID WASTE, OR CAUSE RECYCLABLE MATERIALS TO BE COMMINGLED WITH OTHER
B. NO TRANSPORTER SHALL DELIVER RECYCLABLE MATERIALS TO, OR CAUSE
RECYCLABLE MATERIALS TO BE DELIVERED TO: (I) AN INCINERATOR; (II) A
LANDFILL; (III) A TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS ARE
KEPT SEPARATED FROM OTHER SOLID WASTE; OR (IV) ANYONE WHO THE TRANSPOR-
TER KNOWS OR SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS
WITH OTHER SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCIN-
ERATOR OR A LANDFILL.
C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL ACCEPT RECYCLABLE
MATERIALS FOR DISPOSAL.
D. NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE RECYCLABLE MATE-
RIALS WITH OTHER SOLID WASTE, OR TRANSFER RECYCLABLE MATERIALS OR CAUSE
RECYCLABLE MATERIALS TO BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR
S 2. Paragraphs a, b and c of subdivision 2 of section 120-aa of the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
a. Pursuant to the authority of this section, no later than September
first, nineteen hundred ninety-two, a municipality shall adopt such a
local law or ordinance to require that RECYCLABLE MATERIALS BE SEPARATED
FROM OTHER 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].
B. FOR PURPOSES OF THIS SECTION, "RECYCLABLE MATERIALS" MEANS AND
INCLUDES: (I) NEWSPRINT, GLASS CONTAINERS, METAL CONTAINERS, POLYETHY-
LENE TERAPHTHALATE (#1 CODE) PLASTICS, AND HIGH DENSITY POLYETHYLENE (#2
CODE) PLASTICS; (II) CORRUGATED CARDBOARD CONTAINERS, PAPER BOARD AND
MIXED PAPER GENERATED BY NON-RESIDENTIAL ENTITIES OR BY RESIDENTIAL
BUILDINGS CONSISTING OF MORE THAN FOUR DWELLINGS; AND (III) ANY OTHER
recyclable, reuseable or other [components] MATERIALS for which THE
MUNICIPALITY DETERMINES THAT economic markets for alternate uses exist,
OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE SEPARATED FROM OTHER
SOLID 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, transpor-
tation 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. Prior to [exercising the authority of this section to enact such a
local law or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH (III)
OF PARAGRAPH B OF THIS SUBDIVISION AFTER THE EFFECTIVE DATE OF SUCH
SUBPARAGRAPH, the municipality shall hold a public hearing relating to
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
S. 3029 3
S 3. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, 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.