S T A T E O F N E W Y O R K
________________________________________________________________________
106
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CAHILL, ORTIZ, COLTON -- Multi-Sponsored by -- M.
of A. CLARK, COOK, ROBINSON -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
mining permits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 3 of section 23-2711 of the
environmental conservation law, as added by chapter 166 of the laws of
1991, is amended to read as follows:
(a) The chief administrative officer may make a determination, and
notify the department and applicant, in regard to:
(i) appropriate setbacks from property boundaries or public thorough-
fare rights-of-way,
(ii) manmade or natural barriers designed to restrict access if need-
ed, and, if affirmative, the type, length, height and location thereof,
(iii) the control of dust,
(iv) hours of operation, and
(v) whether mining is prohibited at that location.
Any determination made by a local government hereunder shall be accom-
panied by supporting documentation justifying the particular determi-
nations on an individual basis. The chief administrative officer must
provide any determinations, notices and supporting documents according
to the following schedule:
(i) within [thirty] NINETY days after receipt for a major project,
(ii) within [thirty] NINETY days after receipt for a minor project.
S 2. This act shall take effect immediately and shall apply to appli-
cations for permits received on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01036-01-1