S T A T E O F N E W Y O R K
________________________________________________________________________
5846
2011-2012 Regular Sessions
I N A S S E M B L Y
March 2, 2011
___________
Introduced by M. of A. KAVANAGH, MARKEY, STEVENSON -- Multi-Sponsored by
-- M. of A. PHEFFER, P. RIVERA -- read once and referred to the
Committee on Energy
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.
LBD09741-01-1
A. 5846 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 ELEVEN, 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. 5846 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, 2015.