senate Bill S189A

2013-2014 Legislative Session

Provides for the establishment of a small business and household pollution prevention program, including collection events and grants therefor

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 28, 2014 print number 189a
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S189 - Bill Details

See Assembly Version of this Bill:
A65A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 30 §§27-3001 - 27-3015, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2018, A5851
2009-2010: S2256, A348

S189 - Bill Texts

view summary

Provides for the establishment of a small business and household pollution prevention program, including collection events and grants therefor with matching funds required; offers pollution prevention assessments to small businesses; offers technical assistance to collection contractors; provides for educational materials.

view sponsor memo
BILL NUMBER:S189

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to creating a
small business and household pollution prevention program

PURPOSE:
Provides for the establishment of a small business and household
pollution prevention program, including collection events and grants.

SUMMARY OF PROVISIONS:
The bill amends Article 27 of the Environmental Conservation Law by
adding a new Title 29 establishing the Small Business and Household
pollution Prevention Program, the Small Business Hazardous Substance
Collection Program, and the Household Hazardous Substance Collection
Program.

EXISTING LAW:
Although there are major sources of state financial support for
recycling programs, there are currently no hazardous pollution
prevention programs established in New York State law. Expenditures
for the municipal household hazardous waste programs, recycling
education programs and infrastructure improvements for recycling are
not being reimbursed by the state because of budget constraints, and
in some cases these programs are threatened with ending, By
establishing the Small Business & Household Pollution Prevention
Program, these programs will be insured of continuance through the
law.

JUSTIFICATION:
Modeled after a highly successful program in Pennsylvania, this
legislation seeks to create a viable disposal alternative to
landfills and incineration and promote good environmental and
pesticide stewardship.

Each year, many pesticide products are phased out of operations,
leaving growers and applicators with quantities of dangerous and
toxic materials, In addition to these unregistered products, many
commercial establishments, farmers and homeowners have unwanted
and/or unusable pesticides. Due to the nature of these hazardous
materials, limited options are available for responsible management,
Due to the high cost of disposal, many users cannot afford to hire
professionals to handle these materials, often postponing such
disposal decisions until a more cost effective means becomes available
The waste pesticides may then become a safety hazard and
environmental liability through long-term storage, In addition, the
liability may also manifest itself as a high hidden
cost during the clean-up and removal of these pesticides during the
transfer or sale of the property, By participating in this program, a
user can legally dispose of waste pesticides.

LEGISLATIVE HISTORY:
2012: REFERRED TO ENVIRONMENTAL CONSERVATION
2011: REFERRED TO ENVIRONMENTAL CONSERVATION


2010: S.2256/A.348 (Schneiderman/Kavanaugh)
2008: S.1926/A.8421 (Schniederman/Kavanaugh)
Referred to Environmental Conservation
2007: S.1926/A.8421 (Schneiderman/Kavanaugh)
Referred to Environmental Conservation

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the Commissioner of
Environmental Conservation is authorized to promulgate any and all
rules and regulations and take any other measures necessary to
implement this act on its effective date on or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   189

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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
  creating a small business and household pollution prevention program

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                TITLE 29
                      SMALL BUSINESS AND HOUSEHOLD
                      POLLUTION PREVENTION PROGRAM
SECTION 27-2901. LEGISLATIVE FINDINGS.
        27-2903. DEFINITIONS.
        27-2905. SMALL  BUSINESS  AND  HOUSEHOLD  POLLUTION   PREVENTION
                   PROGRAM.
        27-2907. SMALL BUSINESS HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
        27-2909. HOUSEHOLD HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
        27-2911. REGULATIONS.
        27-2913. GRANTS  FOR  SMALL  BUSINESS  AND  HOUSEHOLD  POLLUTION
                   PREVENTION PROGRAMS.
        27-2915. GRANTS FOR COLLECTION EVENTS.
S 27-2901. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS AND DECLARES AS FOLLOWS:
  1. IT IS THE GOAL OF THE STATE TO ACHIEVE A GOAL OF ZERO DISCHARGE  OF
POLLUTANTS  INTO  OUR  AIR,  WATER,  AND  LAND.    THIS GOAL WILL NOT BE
ACHIEVED WITH TRADITIONAL METHODS OF REGULATING  POLLUTANTS  AFTER  THEY
ARE GENERATED THROUGH VOLUNTARY POLLUTION PREVENTION MEASURES, RECOGNIZ-
ING THIS GOAL MAY NOT BE COMPLETELY ACHIEVABLE BY SOME.
  2. EDUCATION, DEMONSTRATION PROJECT, AND TECHNICAL ASSISTANCE PROGRAMS
ON  POLLUTION  PREVENTION  ARE  ESSENTIAL TO HELP SMALL AND MEDIUM SIZED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00242-01-3

S. 189                              2

BUSINESSES ACHIEVE THE ZERO DISCHARGE GOAL AND HELP THE PUBLIC  CONSERVE
RESOURCES,  REDUCE  THE  VOLUME  AND  TOXICITY OF WASTES, AND RECYCLE OR
RECLAIM WASTES.
  3. HAZARDOUS SUBSTANCES AND OTHER WASTES GENERATED BY SMALL BUSINESSES
AND HOUSEHOLDS MAY PRESENT DANGERS TO THE PUBLIC HEALTH AND THE ENVIRON-
MENT  IF  MANAGED  IMPROPERLY.  THESE  DANGERS CAN BE GREATLY REDUCED BY
POLLUTION PREVENTION  TECHNIQUES,  INCLUDING  SOURCE  REDUCTION,  ENERGY
CONSERVATION,  WASTE  MINIMIZATION,  REDUCTION IN THE TOXICITY OF WASTES
GENERATED, BENEFICIAL USE, REUSE, RECYCLING, AND RECLAMATION.
  4. TRADITIONAL "END-OF-PIPE" POLLUTION CONTROL TECHNIQUES OFTEN RESULT
IN THE TRANSFER OF POLLUTANTS FROM ONE ENVIRONMENTAL MEDIUM TO  ANOTHER.
POLLUTION  PREVENTION  AND  SOURCE REDUCTION TECHNIQUES REDUCE POLLUTION
FORMING IN THE FIRST PLACE AND LESSEN TRANSFERS AMONG  AIR,  WATER,  AND
LAND.
S 27-2903. DEFINITIONS.
  THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS TITLE SHALL HAVE THE
MEANINGS  GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDI-
CATES OTHERWISE:
  1. "COLLECTION CONTRACTOR." A PERSON REGISTERED AND  APPROVED  BY  THE
DEPARTMENT AND RETAINED BY A SPONSOR TO OPERATE A WASTE COLLECTION EVENT
FOR ELIGIBLE ENTITIES UNDER THIS TITLE.
  2.  "COLLECTION  EVENT."  AN EVENT OR PROGRAM THAT INCLUDES COLLECTION
AND MANAGEMENT OF SOLID WASTES FROM ELIGIBLE ENTITIES UNDER THIS  TITLE.
THE TERM INCLUDES ONE-DAY WASTE COLLECTION PROGRAMS AND WASTE COLLECTION
PROGRAMS  THAT ARE DESIGNED FOR CONTINUOUS OR ONGOING OPERATION THROUGH-
OUT A DESIGNATED PERIOD OF TIME.
  3. "ELIGIBLE ENTITY." A HOUSEHOLD,  A  POLITICAL  SUBDIVISION  OF  THE
STATE, OR A SMALL BUSINESS.
  4.  "HAZARDOUS  SUBSTANCE."  HAZARDOUS WASTE AS DEFINED IN SUBDIVISION
ONE OF SECTION 27-1301 OF THIS ARTICLE.
  5. "MUNICIPALITY." A COUNTY, CITY, TOWN, OR VILLAGE.
  6. "POLLUTION PREVENTION ASSESSMENT." AN EVALUATION DESIGNED TO  IDEN-
TIFY  OPPORTUNITIES  TO  ELIMINATE  AND  REDUCE POLLUTION OR REUSE WASTE
MATERIALS.
  7. "PROGRAM." THE SMALL BUSINESS AND  HOUSEHOLD  POLLUTION  PREVENTION
PROGRAM CREATED BY SECTION 27-2905 OF THIS TITLE.
  8.  "SMALL  BUSINESS." A BUSINESS ENTITY THAT IS SO DEFINED IN SECTION
ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
  9. "SPONSOR." A MUNICIPALITY, CORPORATION, PUBLIC UTILITY, TRADE ASSO-
CIATION,  NOT-FOR-PROFIT  CORPORATION,  NOT-FOR-PROFIT  ASSOCIATION,  OR
OTHER  PERSON SPONSORING A COLLECTION EVENT OR SMALL BUSINESS AND HOUSE-
HOLD POLLUTION PREVENTION  PROGRAM  FOR  ELIGIBLE  ENTITIES  UNDER  THIS
TITLE.
  10.  "UNIVERSAL WASTE." HAS THE MEANING PROVIDED FOR IN PARAGRAPH F OF
SUBDIVISION ONE OF SECTION 27-0923 OF THIS ARTICLE.
S 27-2905. SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM.
  1. ESTABLISHMENT. THE DEPARTMENT SHALL ESTABLISH  THE  SMALL  BUSINESS
AND  HOUSEHOLD  POLLUTION PREVENTION PROGRAM FOR EDUCATING AND PROVIDING
ASSISTANCE TO SMALL BUSINESSES  AND  THE  GENERAL  PUBLIC  IN  POLLUTION
PREVENTION  AND  THE  PROPER  MANAGEMENT  OF  SOLID WASTES AND HAZARDOUS
SUBSTANCES GENERATED IN HOUSEHOLDS AND SMALL BUSINESSES.
  2. EDUCATIONAL MATERIALS. THE  DEPARTMENT  SHALL  DEVELOP  EDUCATIONAL
MATERIALS  FOR  THE  OPERATION OF THE PROGRAM IN CONSULTATION WITH SMALL
BUSINESSES, TRADE ASSOCIATIONS, EDUCATIONAL INSTITUTIONS, AND  APPROPRI-
ATE ADVISORY COMMITTEES.

S. 189                              3

  3. PROGRAM CONCERNS. THE PROGRAM SHALL INCLUDE EDUCATION, TRAINING AND
TECHNICAL ASSISTANCE CONCERNING:
  A.  SOURCE  REDUCTION  AND METHODS FOR CONDUCTING POLLUTION PREVENTION
ASSESSMENTS TO ELIMINATE OR REDUCE  THE  VOLUME  OR  TOXICITY  OF  SOLID
WASTES GENERATED.
  B. NATURAL RESOURCE AND ENERGY CONSERVATION.
  C.  OPPORTUNITIES TO REDUCE ENVIRONMENTAL CONTAMINATION FROM AIR EMIS-
SIONS AND WATER EFFLUENTS.
  D. OPPORTUNITIES TO BENEFICIALLY USE, REUSE, RECYCLE, OR RECLAIM SOLID
WASTE MATERIALS.
  E. OPPORTUNITIES TO COLLECT AND MANAGE UNIVERSAL WASTES RECEIVED  FROM
SMALL BUSINESS AND THE GENERAL PUBLIC.
  F.  OPPORTUNITIES TO DEVELOP AND APPLY ENVIRONMENTAL IMPROVEMENT TECH-
NOLOGIES AND METHODS.
  G. INFORMATION ON COMPLIANCE WITH APPLICABLE ENVIRONMENTAL  PROTECTION
LAWS, INCLUDING COMPLIANCE WITH SOLID WASTE MANAGEMENT REQUIREMENTS.
  4.  TECHNICAL  ASSISTANCE.  THE  DEPARTMENT  SHALL PROVIDE EDUCATIONAL
MATERIALS AND TECHNICAL ASSISTANCE TO SPONSORS AND  COLLECTION  CONTRAC-
TORS  FOR THE OPERATION OF THE PROGRAMS AND COLLECTION EVENTS TO ENCOUR-
AGE AND PROMOTE ALL ASPECTS OF POLLUTION PREVENTION.
  5. TECHNICAL  ASSISTANCE  FOR  IMPLEMENTATION.  THE  DEPARTMENT  SHALL
PROVIDE  TECHNICAL  ASSISTANCE TO SPONSORS AND COLLECTION CONTRACTORS TO
IMPLEMENT THE PURPOSES OF THIS TITLE AND TO FACILITATE THE  PROGRAM  AND
THE  PROPER  COLLECTION,  TREATMENT, RECYCLING, OR DISPOSAL OF HAZARDOUS
SUBSTANCES GENERATED BY ELIGIBLE ENTITIES.
  6. SITE VISIT. AT THE REQUEST OF A SMALL BUSINESS, THE DEPARTMENT  MAY
OFFER A POLLUTION PREVENTION ASSESSMENT SITE VISIT AT THE PLACE OF BUSI-
NESS  AND  MAY  PROVIDE  ASSISTANCE ON COMPLIANCE WITH THE ENVIRONMENTAL
PROTECTION LAWS ADMINISTERED BY THE DEPARTMENT AND  GUIDANCE  ISSUED  BY
THE DEPARTMENT ON POLLUTION PREVENTION.
  7.  PRIVATE  CONTRACT AUTHORIZATION. THE DEPARTMENT MAY COOPERATE WITH
AND MAY CONTRACT FOR SERVICES FROM PRIVATE AND  OTHER  ENTITIES  AND  IS
AUTHORIZED  TO  MAKE GRANTS TO PRIVATE, GOVERNMENTAL, AND OTHER ENTITIES
TO IMPLEMENT THIS TITLE.
S 27-2907. SMALL BUSINESS HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
  1. GENERAL RULE. A SPONSOR MAY ESTABLISH A COLLECTION PROGRAM FOR  THE
COLLECTION AND MANAGEMENT OF SOLID WASTES GENERATED BY ELIGIBLE ENTITIES
THROUGH  COLLECTION  EVENTS. EACH SPONSOR MUST REGISTER THE PROGRAM WITH
THE DEPARTMENT AND RECEIVE APPROVAL OF THE DEPARTMENT PRIOR TO  COMMENC-
ING OPERATION.
  2.  SITES. COLLECTION EVENTS MAY BE CONDUCTED ON SITES SELECTED BY THE
SPONSOR. SUCH SITES MAY BE ON PUBLIC OR PRIVATE PROPERTY, INCLUDING, BUT
NOT LIMITED TO, PROPERTY OWNED, LEASED OR CONTROLLED BY THE  STATE,  ITS
AGENCIES,  OR  ITS POLITICAL SUBDIVISIONS. WRITTEN PERMISSION TO USE THE
SITE FOR THE CONDUCT OF THE EVENT SHALL BE OBTAINED FROM THE OWNER PRIOR
TO THE EVENT.
  3. LIABILITY. AN OWNER WHO, WITHOUT CHARGE, PERMITS ANY PROPERTY TO BE
USED AS A SITE FOR A COLLECTION  EVENT  SHALL  NOT  BE  LIABLE  FOR  ANY
DAMAGE, HARM, OR INJURY TO ANY PERSON OR PROPERTY WHICH RESULTS FROM THE
USE  OF  THE  PROPERTY  AS A SITE FOR A COLLECTION EVENT. A SPONSOR OF A
COLLECTION EVENT SHALL NOT BE LIABLE FOR ANY DAMAGE, HARM, OR INJURY  TO
ANY  PERSON OR PROPERTY WHICH RESULTS FROM THE OPERATION OF A COLLECTION
EVENT.
  4. LIMITATION OF TYPE. THE SPONSOR MAY LIMIT THE TYPES OF SOLID WASTES
OR MATERIALS TO BE COLLECTED AT A COLLECTION EVENT  IN  ACCORDANCE  WITH
GUIDANCE  ISSUED BY THE DEPARTMENT AND FURTHER LIMITATIONS DETERMINED AT

S. 189                              4

THE DISCRETION OF THE SPONSOR. A SMALL BUSINESS ENTITY MAY BRING  UP  TO
BUT  NOT  MORE  THAN  ONE THOUSAND KILOGRAMS OF HAZARDOUS SUBSTANCE TO A
COLLECTION EVENT OR COLLECTION EVENTS IN ANY CALENDAR  MONTH  FOR  WASTE
RECYCLING, TREATMENT, OR DISPOSAL ARRANGED BY THE COLLECTION CONTRACTOR.
  5.  FEES.  THE  SPONSOR  MAY ESTABLISH AND ASSESS REASONABLE FEES FROM
ELIGIBLE  ENTITIES  FOR  SERVICES  PROVIDED  IN  CONNECTION   WITH   THE
COLLECTION EVENT.
  6.  REGISTRATION  AND  APPROVAL.  THE  SPONSOR MAY SELECT A COLLECTION
CONTRACTOR TO OPERATE THE COLLECTION EVENT OR MAY OPERATE THE COLLECTION
EVENT AS THE COLLECTION CONTRACTOR. EACH SPONSOR OR COLLECTION  CONTRAC-
TOR  WHICH  OPERATES  A  COLLECTION  EVENT  MUST FIRST BE REGISTERED AND
APPROVED BY THE DEPARTMENT TO OPERATE COLLECTION EVENTS. THE  DEPARTMENT
SHALL  ISSUE GUIDANCE FOR REGISTRATION REQUIREMENTS FOR THE OPERATION OF
COLLECTION EVENTS.
  7. QUALIFICATIONS. NO COLLECTION CONTRACTOR MAY BE SELECTED TO OPERATE
A COLLECTION EVENT UNLESS THE CONTRACTOR CAN DEMONSTRATE TO  THE  SATIS-
FACTION  OF  THE  DEPARTMENT ITS ABILITY TO COLLECT, PACKAGE, TRANSPORT,
AND DISPOSE OF SOLID WASTE COLLECTED UNDER THIS PROGRAM CONSISTENT  WITH
THE REQUIREMENTS OF THIS CHAPTER AND THE REGULATIONS OF THE DEPARTMENT.
  8.  INELIGIBILITY.  A  COLLECTION  CONTRACTOR SHALL NOT BE ELIGIBLE TO
OPERATE A COLLECTION EVENT IF THE DEPARTMENT FINDS THAT SUCH PERSON  HAS
SHOWN  A  LACK  OF ABILITY OR A LACK OF INTENT TO COMPLY WITH APPLICABLE
LAWS AND REGULATIONS OF THIS STATE, OTHER STATES, OR THE UNITED STATES.
  9. GENERATOR. A COLLECTION CONTRACTOR SHALL BE DEEMED TO BE THE GENER-
ATOR OF HAZARDOUS SUBSTANCES COLLECTED AT THE EVENT WHICH  IS  SENT  FOR
TREATMENT, STORAGE, OR DISPOSAL AT A PERMITTED HAZARDOUS WASTE FACILITY.
  10. POLLUTION PREVENTION. THE COLLECTION CONTRACTOR SHALL PRACTICE AND
ENCOURAGE  POLLUTION  PREVENTION  AND SHALL RECYCLE OR RECLAIM COLLECTED
SOLID WASTES TO THE GREATEST EXTENT PRACTICABLE.
  11. DOCUMENTATION. IN CONDUCTING A COLLECTION EVENT UNDER THIS  TITLE,
THE  COLLECTION  CONTRACTOR  SHALL  MANAGE  WASTES  AND  OTHER MATERIALS
RECEIVED AT A COLLECTION EVENT IN COMPLIANCE WITH  APPLICABLE  LAWS  AND
REGULATIONS  OF  THIS  STATE.  THE SPONSOR AND THE COLLECTION CONTRACTOR
SHALL PROVIDE DOCUMENTATION AND RECORDS OF AN EVENT AS REQUESTED BY  THE
DEPARTMENT.
  12.  OPTIONAL  PARTICIPATION. THIS SECTION SHALL NOT BE INTERPRETED AS
REQUIRING A SMALL BUSINESS TO PARTICIPATE IN A SMALL BUSINESS  HAZARDOUS
SUBSTANCE  COLLECTION  PROGRAM,  OR AS PROHIBITING A SMALL BUSINESS FROM
DISPOSING OF ITS HAZARDOUS SUBSTANCES UNDER OTHER APPLICABLE LAWS.
S 27-2909. HOUSEHOLD HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
  1. COLLECTION EVENTS. A SPONSOR MAY ESTABLISH A COLLECTION  EVENT  FOR
THE  PURPOSE  OF COLLECTING AND MANAGING HOUSEHOLD HAZARDOUS SUBSTANCES.
A COLLECTION EVENT DESIGNED FOR  HOUSEHOLD  HAZARDOUS  SUBSTANCES  SHALL
MEET  THE STANDARDS AND REQUIREMENTS OF SECTION 27-2907 OF THIS TITLE. A
SPONSOR MAY OPERATE A COLLECTION EVENT EXCLUSIVELY FOR HOUSEHOLD HAZARD-
OUS SUBSTANCES, EXCLUSIVELY FOR SMALL BUSINESS WASTE, OR  FOR  SPECIFIED
WASTES FROM ELIGIBLE ENTITIES.
  2.  HAZARDOUS  SUBSTANCES. A COLLECTION EVENT THAT INCLUDES COLLECTION
OF HOUSEHOLD HAZARDOUS SUBSTANCES SHALL  PROVIDE  EDUCATIONAL  MATERIALS
THAT EMPHASIZE HOME SAFETY, FIRE PREVENTION, AND POLLUTION PREVENTION IN
THE HOME, INCLUDING SOURCE REDUCTION THROUGH THE USE OF ALTERNATIVE LESS
TOXIC PRODUCTS, RECYCLING, AND PROPER DISPOSAL METHODS FOR WASTE MATERI-
ALS  THAT  CANNOT BE RECYCLED. WASTE MATERIALS COLLECTED FROM HOUSEHOLDS
SHALL BE APPROPRIATELY REUSED OR RECYCLED TO THE GREATEST EXTENT PRACTI-
CABLE. THE DEPARTMENT SHALL  ISSUE  GUIDANCE  ON  PROPER  MANAGEMENT  OF
HOUSEHOLD HAZARDOUS SUBSTANCES.

S. 189                              5

S 27-2911. REGULATIONS.
  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS AS NEEDED TO IMPLEMENT
THIS TITLE.
S 27-2913. GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION  PREVENTION
            PROGRAMS.
  1.  GENERAL  RULE.  THE  DEPARTMENT IS AUTHORIZED TO PROVIDE GRANTS TO
COUNTIES NOT WHOLLY CONTAINED WITHIN A CITY AND CITIES  CONTAINING  MORE
THAN  ONE COUNTY, TO REIMBURSE A COUNTY FOR ELIGIBLE COSTS FOR EDUCATION
PROGRAMS ON  POLLUTION  PREVENTION  OR  FOR  PROVIDING  OTHER  TECHNICAL
ASSISTANCE TO SMALL BUSINESS FOR THE PURPOSE OF THIS TITLE.
  2.  EDUCATION  PROGRAMS.  THE  GRANTS TO COUNTIES NOT WHOLLY CONTAINED
WITHIN A CITY AND CITIES CONTAINING MORE  THAN  ONE  COUNTY  UNDER  THIS
SECTION MAY REIMBURSE THE COUNTY OR CITY FOR UP TO EIGHTY PERCENT OF THE
APPROVED  COST  OF  EDUCATION  PROGRAMS  ON  POLLUTION PREVENTION OR FOR
PROVIDING TECHNICAL ASSISTANCE TO SMALL BUSINESS  FOR  THE  PURPOSES  OF
THIS TITLE.
  3. ELIGIBLE COSTS. ELIGIBLE COSTS UNDER THIS SECTION MAY INCLUDE COSTS
INCURRED  BY  COUNTIES  NOT  WHOLLY  CONTAINED  WITHIN A CITY AND CITIES
CONTAINING MORE THAN ONE COUNTY BY  CONTRACT  WITH  ANOTHER  SPONSOR  OR
OTHER PERSON SELECTED BY THE COUNTY OR CITY TO OPERATE THE PROGRAM UNDER
THIS  TITLE. THE DEPARTMENT SHALL ISSUE GUIDANCE FOR COUNTIES NOT WHOLLY
CONTAINED WITHIN A CITY AND CITIES CONTAINING MORE THAN  ONE  COUNTY  IN
THE OPERATION OF THE PROGRAM AND FOR ELIGIBILITY REQUIREMENTS FOR GRANTS
ADMINISTERED UNDER THIS SECTION.
S 27-2915. GRANTS FOR COLLECTION EVENTS.
  1.  FUNDS.  THE  DEPARTMENT  IS  AUTHORIZED TO ADMINISTER APPROPRIATED
FUNDS FOR THE ADMINISTRATION OF THESE PROGRAMS.
  2. GRANT ELIGIBILITY. GRANTS APPROVED UNDER THIS TITLE MAY BE PAID  TO
A  REGISTERED  SPONSOR  OF  A COLLECTION EVENT, INCLUDING SPONSORS OTHER
THAN MUNICIPALITIES. THE DEPARTMENT IS AUTHORIZED TO REIMBURSE  SPONSORS
FOR  ELIGIBLE  COSTS INCURRED AFTER THE EFFECTIVE DATE OF THIS TITLE FOR
THE OPERATION OF COLLECTION EVENTS  FOR  ELIGIBLE  ENTITIES  UNDER  THIS
TITLE.
  3.  MATCHING  REQUIREMENT.  THE  FUNDS  ADMINISTERED BY THE DEPARTMENT
UNDER THIS TITLE MAY BE EXPENDED BY THE DEPARTMENT ONLY  TO  THE  EXTENT
THAT  THE  GRANT  AMOUNT HAS BEEN MATCHED, AT LEAST DOLLAR FOR DOLLAR IN
VALUE, BY THE GRANT APPLICANT. SPONSORS OF A COLLECTION EVENT ARE HEREBY
AUTHORIZED TO RECEIVE ALL OR PART OF THE REQUIRED  MATCHING  FUNDS  FROM
MANUFACTURERS OR OTHER PERSONS.
  4.  OTHER  LIMITATIONS.  NO MORE THAN ONE HUNDRED THOUSAND DOLLARS PER
FISCAL YEAR MAY BE EXPENDED BY THE DEPARTMENT FOR COLLECTION  EVENTS  IN
ANY ONE COUNTY NOT WHOLLY CONTAINED WITHIN A CITY, AND NO MORE THAN FIVE
HUNDRED   THOUSAND  DOLLARS  MAY  BE  EXPENDED  BY  THE  DEPARTMENT  FOR
COLLECTION EVENTS IN ANY CITY CONTAINING MORE THAN ONE COUNTY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the commissioner  of  environ-
mental  conservation  is  authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this  act
on its effective date on or before such date.

S189A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A65A
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 27 Title 30 §§27-3001 - 27-3015, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2018, A5851
2009-2010: S2256, A348

S189A (ACTIVE) - Bill Texts

view summary

Provides for the establishment of a small business and household pollution prevention program, including collection events and grants therefor with matching funds required; offers pollution prevention assessments to small businesses; offers technical assistance to collection contractors; provides for educational materials.

view sponsor memo
BILL NUMBER:S189A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to creating a small business and household pollution
prevention program

PURPOSE:

Provides for the establishment of a small business and household
pollution prevention program, including collection events and grants.

SUMMARY OF PROVISIONS:

The bill amends Article 27 of the Environmental Conservation Law by
adding a new Title 30 establishing the Small Business and Household
pollution Prevention Program, the Small Business Hazardous Substance
Collection Program, and the Household Hazardous Substance Collection
Program.

EXISTING LAW:

Although there are major sources of state financial support for
recycling programs, there are currently no hazardous pollution
prevention programs established in New York State law. Expenditures
for the municipal household hazardous waste programs, recycling
education programs and infrastructure improvements for recycling are
not being reimbursed by the state because of budget constraints, and
in some cases these programs are threatened with ending, By
establishing the Small Business & Household Pollution Prevention
Program, these programs will be insured of continuance through the
law.

JUSTIFICATION:

Modeled after a highly successful program in Pennsylvania, this
legislation seeks to create a viable disposal alternative to landfills
and incineration and promote good environmental and pesticide
stewardship.

Each year, many pesticide products are phased out of operations,
leaving growers and applicators with quantities of dangerous and toxic
materials, In addition to these unregistered products, many commercial
establishments, farmers and homeowners have unwanted and/or unusable
pesticides. Due to the nature of these hazardous materials, limited
options are available for responsible management, Due to the high cost
of disposal, many users cannot afford to hire professionals to handle
these materials, often postponing such disposal decisions until a more
cost effective means becomes available The waste pesticides may then
become a safety hazard and environmental liability through long-term
storage, In addition, the liability may also manifest itself as a high
hidden cost during the clean-up and removal of these pesticides during
the transfer or sale of the property, By participating in this
program, a user can legally dispose of waste pesticides.

LEGISLATIVE HISTORY:

2012: REFERRED TO ENVIRONMENTAL CONSERVATION


2011: REFERRED TO ENVIRONMENTAL CONSERVATION
2010: S.2256/A.348 (Schneiderman/Kavanaugh)
2008: S.1926/A.8421 (Schniederman/Kavanaugh) Referred to Environmental
Conservation
2007: S.1926/A.8421 (Schneiderman/Kavanaugh) Referred to Environmental
Conservation

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the Commissioner of
Environmental Conservation is authorized to promulgate any and all
rules and regulations and take any other measures necessary to
implement this act on its effective date on or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 189--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  creating a small business and household pollution prevention program

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

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 30 to read as follows:
                                TITLE 30
                      SMALL BUSINESS AND HOUSEHOLD
                      POLLUTION PREVENTION PROGRAM
SECTION 27-3001. LEGISLATIVE FINDINGS.
        27-3003. DEFINITIONS.
        27-3005. SMALL   BUSINESS  AND  HOUSEHOLD  POLLUTION  PREVENTION
                   PROGRAM.
        27-3007. SMALL BUSINESS HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
        27-3009. HOUSEHOLD HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
        27-3011. REGULATIONS.
        27-3013. GRANTS  FOR  SMALL  BUSINESS  AND  HOUSEHOLD  POLLUTION
                   PREVENTION PROGRAMS.
        27-3015. GRANTS FOR COLLECTION EVENTS.
S 27-3001. LEGISLATIVE FINDINGS.
  THE LEGISLATURE FINDS AND DECLARES AS FOLLOWS:
  1.  IT IS THE GOAL OF THE STATE TO ACHIEVE A GOAL OF ZERO DISCHARGE OF
POLLUTANTS INTO OUR AIR, WATER,  AND  LAND.    THIS  GOAL  WILL  NOT  BE
ACHIEVED  WITH  TRADITIONAL  METHODS OF REGULATING POLLUTANTS AFTER THEY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00242-02-4

S. 189--A                           2

ARE GENERATED THROUGH VOLUNTARY POLLUTION PREVENTION MEASURES, RECOGNIZ-
ING THIS GOAL MAY NOT BE COMPLETELY ACHIEVABLE BY SOME.
  2. EDUCATION, DEMONSTRATION PROJECT, AND TECHNICAL ASSISTANCE PROGRAMS
ON  POLLUTION  PREVENTION  ARE  ESSENTIAL TO HELP SMALL AND MEDIUM SIZED
BUSINESSES ACHIEVE THE ZERO DISCHARGE GOAL AND HELP THE PUBLIC  CONSERVE
RESOURCES,  REDUCE  THE  VOLUME  AND  TOXICITY OF WASTES, AND RECYCLE OR
RECLAIM WASTES.
  3. HAZARDOUS SUBSTANCES AND OTHER WASTES GENERATED BY SMALL BUSINESSES
AND HOUSEHOLDS MAY PRESENT DANGERS TO THE PUBLIC HEALTH AND THE ENVIRON-
MENT IF MANAGED IMPROPERLY. THESE DANGERS  CAN  BE  GREATLY  REDUCED  BY
POLLUTION  PREVENTION  TECHNIQUES,  INCLUDING  SOURCE  REDUCTION, ENERGY
CONSERVATION, WASTE MINIMIZATION, REDUCTION IN THE  TOXICITY  OF  WASTES
GENERATED, BENEFICIAL USE, REUSE, RECYCLING, AND RECLAMATION.
  4. TRADITIONAL "END-OF-PIPE" POLLUTION CONTROL TECHNIQUES OFTEN RESULT
IN  THE TRANSFER OF POLLUTANTS FROM ONE ENVIRONMENTAL MEDIUM TO ANOTHER.
POLLUTION PREVENTION AND SOURCE REDUCTION  TECHNIQUES  REDUCE  POLLUTION
FORMING  IN  THE  FIRST PLACE AND LESSEN TRANSFERS AMONG AIR, WATER, AND
LAND.
S 27-3003. DEFINITIONS.
  THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS TITLE SHALL HAVE THE
MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY  INDI-
CATES OTHERWISE:
  1.  "COLLECTION  CONTRACTOR."  A PERSON REGISTERED AND APPROVED BY THE
DEPARTMENT AND RETAINED BY A SPONSOR TO OPERATE A WASTE COLLECTION EVENT
FOR ELIGIBLE ENTITIES UNDER THIS TITLE.
  2. "COLLECTION EVENT." AN EVENT OR PROGRAM  THAT  INCLUDES  COLLECTION
AND  MANAGEMENT OF SOLID WASTES FROM ELIGIBLE ENTITIES UNDER THIS TITLE.
THE TERM INCLUDES ONE-DAY WASTE COLLECTION PROGRAMS AND WASTE COLLECTION
PROGRAMS THAT ARE DESIGNED FOR CONTINUOUS OR ONGOING OPERATION  THROUGH-
OUT A DESIGNATED PERIOD OF TIME.
  3.  "ELIGIBLE  ENTITY."  A  HOUSEHOLD,  A POLITICAL SUBDIVISION OF THE
STATE, OR A SMALL BUSINESS.
  4. "HAZARDOUS SUBSTANCE." HAZARDOUS WASTE AS  DEFINED  IN  SUBDIVISION
ONE OF SECTION 27-1301 OF THIS ARTICLE.
  5. "MUNICIPALITY." A COUNTY, CITY, TOWN, OR VILLAGE.
  6.  "POLLUTION PREVENTION ASSESSMENT." AN EVALUATION DESIGNED TO IDEN-
TIFY OPPORTUNITIES TO ELIMINATE AND  REDUCE  POLLUTION  OR  REUSE  WASTE
MATERIALS.
  7.  "PROGRAM."  THE  SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION
PROGRAM CREATED BY SECTION 27-3005 OF THIS TITLE.
  8. "SMALL BUSINESS." A BUSINESS ENTITY THAT IS SO DEFINED  IN  SECTION
ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
  9. "SPONSOR." A MUNICIPALITY, CORPORATION, PUBLIC UTILITY, TRADE ASSO-
CIATION,  NOT-FOR-PROFIT  CORPORATION,  NOT-FOR-PROFIT  ASSOCIATION,  OR
OTHER PERSON SPONSORING A COLLECTION EVENT OR SMALL BUSINESS AND  HOUSE-
HOLD  POLLUTION  PREVENTION  PROGRAM  FOR  ELIGIBLE  ENTITIES UNDER THIS
TITLE.
  10. "UNIVERSAL WASTE." HAS THE MEANING PROVIDED FOR IN PARAGRAPH F  OF
SUBDIVISION ONE OF SECTION 27-0923 OF THIS ARTICLE.
S 27-3005. SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM.
  1.  ESTABLISHMENT.  THE  DEPARTMENT SHALL ESTABLISH THE SMALL BUSINESS
AND HOUSEHOLD POLLUTION PREVENTION PROGRAM FOR EDUCATING  AND  PROVIDING
ASSISTANCE  TO  SMALL  BUSINESSES  AND  THE  GENERAL PUBLIC IN POLLUTION
PREVENTION AND THE PROPER  MANAGEMENT  OF  SOLID  WASTES  AND  HAZARDOUS
SUBSTANCES GENERATED IN HOUSEHOLDS AND SMALL BUSINESSES.

S. 189--A                           3

  2.  EDUCATIONAL  MATERIALS.  THE  DEPARTMENT SHALL DEVELOP EDUCATIONAL
MATERIALS FOR THE OPERATION OF THE PROGRAM IN  CONSULTATION  WITH  SMALL
BUSINESSES,  TRADE ASSOCIATIONS, EDUCATIONAL INSTITUTIONS, AND APPROPRI-
ATE ADVISORY COMMITTEES.
  3. PROGRAM CONCERNS. THE PROGRAM SHALL INCLUDE EDUCATION, TRAINING AND
TECHNICAL ASSISTANCE CONCERNING:
  A.  SOURCE  REDUCTION  AND METHODS FOR CONDUCTING POLLUTION PREVENTION
ASSESSMENTS TO ELIMINATE OR REDUCE  THE  VOLUME  OR  TOXICITY  OF  SOLID
WASTES GENERATED.
  B. NATURAL RESOURCE AND ENERGY CONSERVATION.
  C.  OPPORTUNITIES TO REDUCE ENVIRONMENTAL CONTAMINATION FROM AIR EMIS-
SIONS AND WATER EFFLUENTS.
  D. OPPORTUNITIES TO BENEFICIALLY USE, REUSE, RECYCLE, OR RECLAIM SOLID
WASTE MATERIALS.
  E. OPPORTUNITIES TO COLLECT AND MANAGE UNIVERSAL WASTES RECEIVED  FROM
SMALL BUSINESS AND THE GENERAL PUBLIC.
  F.  OPPORTUNITIES TO DEVELOP AND APPLY ENVIRONMENTAL IMPROVEMENT TECH-
NOLOGIES AND METHODS.
  G. INFORMATION ON COMPLIANCE WITH APPLICABLE ENVIRONMENTAL  PROTECTION
LAWS, INCLUDING COMPLIANCE WITH SOLID WASTE MANAGEMENT REQUIREMENTS.
  4.  TECHNICAL  ASSISTANCE.  THE  DEPARTMENT  SHALL PROVIDE EDUCATIONAL
MATERIALS AND TECHNICAL ASSISTANCE TO SPONSORS AND  COLLECTION  CONTRAC-
TORS  FOR THE OPERATION OF THE PROGRAMS AND COLLECTION EVENTS TO ENCOUR-
AGE AND PROMOTE ALL ASPECTS OF POLLUTION PREVENTION.
  5. TECHNICAL  ASSISTANCE  FOR  IMPLEMENTATION.  THE  DEPARTMENT  SHALL
PROVIDE  TECHNICAL  ASSISTANCE TO SPONSORS AND COLLECTION CONTRACTORS TO
IMPLEMENT THE PURPOSES OF THIS TITLE AND TO FACILITATE THE  PROGRAM  AND
THE  PROPER  COLLECTION,  TREATMENT, RECYCLING, OR DISPOSAL OF HAZARDOUS
SUBSTANCES GENERATED BY ELIGIBLE ENTITIES.
  6. SITE VISIT. AT THE REQUEST OF A SMALL BUSINESS, THE DEPARTMENT  MAY
OFFER A POLLUTION PREVENTION ASSESSMENT SITE VISIT AT THE PLACE OF BUSI-
NESS  AND  MAY  PROVIDE  ASSISTANCE ON COMPLIANCE WITH THE ENVIRONMENTAL
PROTECTION LAWS ADMINISTERED BY THE DEPARTMENT AND  GUIDANCE  ISSUED  BY
THE DEPARTMENT ON POLLUTION PREVENTION.
  7.  PRIVATE  CONTRACT AUTHORIZATION. THE DEPARTMENT MAY COOPERATE WITH
AND MAY CONTRACT FOR SERVICES FROM PRIVATE AND  OTHER  ENTITIES  AND  IS
AUTHORIZED  TO  MAKE GRANTS TO PRIVATE, GOVERNMENTAL, AND OTHER ENTITIES
TO IMPLEMENT THIS TITLE.
S 27-3007. SMALL BUSINESS HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
  1. GENERAL RULE. A SPONSOR MAY ESTABLISH A COLLECTION PROGRAM FOR  THE
COLLECTION AND MANAGEMENT OF SOLID WASTES GENERATED BY ELIGIBLE ENTITIES
THROUGH  COLLECTION  EVENTS. EACH SPONSOR MUST REGISTER THE PROGRAM WITH
THE DEPARTMENT AND RECEIVE APPROVAL OF THE DEPARTMENT PRIOR TO  COMMENC-
ING OPERATION.
  2.  SITES. COLLECTION EVENTS MAY BE CONDUCTED ON SITES SELECTED BY THE
SPONSOR. SUCH SITES MAY BE ON PUBLIC OR PRIVATE PROPERTY, INCLUDING, BUT
NOT LIMITED TO, PROPERTY OWNED, LEASED OR CONTROLLED BY THE  STATE,  ITS
AGENCIES,  OR  ITS POLITICAL SUBDIVISIONS. WRITTEN PERMISSION TO USE THE
SITE FOR THE CONDUCT OF THE EVENT SHALL BE OBTAINED FROM THE OWNER PRIOR
TO THE EVENT.
  3. LIABILITY. AN OWNER WHO, WITHOUT CHARGE, PERMITS ANY PROPERTY TO BE
USED AS A SITE FOR A COLLECTION  EVENT  SHALL  NOT  BE  LIABLE  FOR  ANY
DAMAGE, HARM, OR INJURY TO ANY PERSON OR PROPERTY WHICH RESULTS FROM THE
USE  OF  THE  PROPERTY  AS A SITE FOR A COLLECTION EVENT. A SPONSOR OF A
COLLECTION EVENT SHALL NOT BE LIABLE FOR ANY DAMAGE, HARM, OR INJURY  TO

S. 189--A                           4

ANY  PERSON OR PROPERTY WHICH RESULTS FROM THE OPERATION OF A COLLECTION
EVENT.
  4. LIMITATION OF TYPE. THE SPONSOR MAY LIMIT THE TYPES OF SOLID WASTES
OR  MATERIALS  TO  BE COLLECTED AT A COLLECTION EVENT IN ACCORDANCE WITH
GUIDANCE ISSUED BY THE DEPARTMENT AND FURTHER LIMITATIONS DETERMINED  AT
THE  DISCRETION  OF THE SPONSOR. A SMALL BUSINESS ENTITY MAY BRING UP TO
BUT NOT MORE THAN ONE THOUSAND KILOGRAMS OF  HAZARDOUS  SUBSTANCE  TO  A
COLLECTION  EVENT  OR  COLLECTION EVENTS IN ANY CALENDAR MONTH FOR WASTE
RECYCLING, TREATMENT, OR DISPOSAL ARRANGED BY THE COLLECTION CONTRACTOR.
  5. FEES. THE SPONSOR MAY ESTABLISH AND  ASSESS  REASONABLE  FEES  FROM
ELIGIBLE   ENTITIES   FOR  SERVICES  PROVIDED  IN  CONNECTION  WITH  THE
COLLECTION EVENT.
  6. REGISTRATION AND APPROVAL. THE  SPONSOR  MAY  SELECT  A  COLLECTION
CONTRACTOR TO OPERATE THE COLLECTION EVENT OR MAY OPERATE THE COLLECTION
EVENT  AS THE COLLECTION CONTRACTOR. EACH SPONSOR OR COLLECTION CONTRAC-
TOR WHICH OPERATES A COLLECTION  EVENT  MUST  FIRST  BE  REGISTERED  AND
APPROVED  BY THE DEPARTMENT TO OPERATE COLLECTION EVENTS. THE DEPARTMENT
SHALL ISSUE GUIDANCE FOR REGISTRATION REQUIREMENTS FOR THE OPERATION  OF
COLLECTION EVENTS.
  7. QUALIFICATIONS. NO COLLECTION CONTRACTOR MAY BE SELECTED TO OPERATE
A  COLLECTION  EVENT UNLESS THE CONTRACTOR CAN DEMONSTRATE TO THE SATIS-
FACTION OF THE DEPARTMENT ITS ABILITY TO  COLLECT,  PACKAGE,  TRANSPORT,
AND  DISPOSE OF SOLID WASTE COLLECTED UNDER THIS PROGRAM CONSISTENT WITH
THE REQUIREMENTS OF THIS CHAPTER AND THE REGULATIONS OF THE DEPARTMENT.
  8. INELIGIBILITY. A COLLECTION CONTRACTOR SHALL  NOT  BE  ELIGIBLE  TO
OPERATE  A COLLECTION EVENT IF THE DEPARTMENT FINDS THAT SUCH PERSON HAS
SHOWN A LACK OF ABILITY OR A LACK OF INTENT TO  COMPLY  WITH  APPLICABLE
LAWS AND REGULATIONS OF THIS STATE, OTHER STATES, OR THE UNITED STATES.
  9. GENERATOR. A COLLECTION CONTRACTOR SHALL BE DEEMED TO BE THE GENER-
ATOR  OF  HAZARDOUS  SUBSTANCES COLLECTED AT THE EVENT WHICH IS SENT FOR
TREATMENT, STORAGE, OR DISPOSAL AT A PERMITTED HAZARDOUS WASTE FACILITY.
  10. POLLUTION PREVENTION. THE COLLECTION CONTRACTOR SHALL PRACTICE AND
ENCOURAGE POLLUTION PREVENTION AND SHALL RECYCLE  OR  RECLAIM  COLLECTED
SOLID WASTES TO THE GREATEST EXTENT PRACTICABLE.
  11.  DOCUMENTATION. IN CONDUCTING A COLLECTION EVENT UNDER THIS TITLE,
THE COLLECTION  CONTRACTOR  SHALL  MANAGE  WASTES  AND  OTHER  MATERIALS
RECEIVED  AT  A  COLLECTION EVENT IN COMPLIANCE WITH APPLICABLE LAWS AND
REGULATIONS OF THIS STATE. THE SPONSOR  AND  THE  COLLECTION  CONTRACTOR
SHALL  PROVIDE DOCUMENTATION AND RECORDS OF AN EVENT AS REQUESTED BY THE
DEPARTMENT.
  12. OPTIONAL PARTICIPATION. THIS SECTION SHALL NOT BE  INTERPRETED  AS
REQUIRING  A SMALL BUSINESS TO PARTICIPATE IN A SMALL BUSINESS HAZARDOUS
SUBSTANCE COLLECTION PROGRAM, OR AS PROHIBITING A  SMALL  BUSINESS  FROM
DISPOSING OF ITS HAZARDOUS SUBSTANCES UNDER OTHER APPLICABLE LAWS.
S 27-3009. HOUSEHOLD HAZARDOUS SUBSTANCE COLLECTION PROGRAM.
  1.  COLLECTION  EVENTS. A SPONSOR MAY ESTABLISH A COLLECTION EVENT FOR
THE PURPOSE OF COLLECTING AND MANAGING HOUSEHOLD  HAZARDOUS  SUBSTANCES.
A  COLLECTION  EVENT  DESIGNED  FOR HOUSEHOLD HAZARDOUS SUBSTANCES SHALL
MEET THE STANDARDS AND REQUIREMENTS OF SECTION 27-3007 OF THIS TITLE.  A
SPONSOR MAY OPERATE A COLLECTION EVENT EXCLUSIVELY FOR HOUSEHOLD HAZARD-
OUS  SUBSTANCES,  EXCLUSIVELY FOR SMALL BUSINESS WASTE, OR FOR SPECIFIED
WASTES FROM ELIGIBLE ENTITIES.
  2. HAZARDOUS SUBSTANCES. A COLLECTION EVENT THAT  INCLUDES  COLLECTION
OF  HOUSEHOLD  HAZARDOUS  SUBSTANCES SHALL PROVIDE EDUCATIONAL MATERIALS
THAT EMPHASIZE HOME SAFETY, FIRE PREVENTION, AND POLLUTION PREVENTION IN
THE HOME, INCLUDING SOURCE REDUCTION THROUGH THE USE OF ALTERNATIVE LESS

S. 189--A                           5

TOXIC PRODUCTS, RECYCLING, AND PROPER DISPOSAL METHODS FOR WASTE MATERI-
ALS THAT CANNOT BE RECYCLED. WASTE MATERIALS COLLECTED  FROM  HOUSEHOLDS
SHALL BE APPROPRIATELY REUSED OR RECYCLED TO THE GREATEST EXTENT PRACTI-
CABLE.  THE  DEPARTMENT  SHALL  ISSUE  GUIDANCE  ON PROPER MANAGEMENT OF
HOUSEHOLD HAZARDOUS SUBSTANCES.
S 27-3011. REGULATIONS.
  THE DEPARTMENT SHALL PROMULGATE REGULATIONS  AS  NEEDED  TO  IMPLEMENT
THIS TITLE.
S  27-3013. GRANTS FOR SMALL BUSINESS AND HOUSEHOLD POLLUTION PREVENTION
            PROGRAMS.
  1. GENERAL RULE. THE DEPARTMENT IS AUTHORIZED  TO  PROVIDE  GRANTS  TO
COUNTIES  NOT  WHOLLY CONTAINED WITHIN A CITY AND CITIES CONTAINING MORE
THAN ONE COUNTY, TO REIMBURSE A COUNTY FOR ELIGIBLE COSTS FOR  EDUCATION
PROGRAMS  ON  POLLUTION  PREVENTION  OR  FOR  PROVIDING  OTHER TECHNICAL
ASSISTANCE TO SMALL BUSINESS FOR THE PURPOSE OF THIS TITLE.
  2. EDUCATION PROGRAMS. THE GRANTS TO  COUNTIES  NOT  WHOLLY  CONTAINED
WITHIN  A  CITY  AND  CITIES  CONTAINING MORE THAN ONE COUNTY UNDER THIS
SECTION MAY REIMBURSE THE COUNTY OR CITY FOR UP TO EIGHTY PERCENT OF THE
APPROVED COST OF EDUCATION  PROGRAMS  ON  POLLUTION  PREVENTION  OR  FOR
PROVIDING  TECHNICAL  ASSISTANCE  TO  SMALL BUSINESS FOR THE PURPOSES OF
THIS TITLE.
  3. ELIGIBLE COSTS. ELIGIBLE COSTS UNDER THIS SECTION MAY INCLUDE COSTS
INCURRED BY COUNTIES NOT WHOLLY  CONTAINED  WITHIN  A  CITY  AND  CITIES
CONTAINING  MORE  THAN  ONE  COUNTY  BY CONTRACT WITH ANOTHER SPONSOR OR
OTHER PERSON SELECTED BY THE COUNTY OR CITY TO OPERATE THE PROGRAM UNDER
THIS TITLE. THE DEPARTMENT SHALL ISSUE GUIDANCE FOR COUNTIES NOT  WHOLLY
CONTAINED  WITHIN  A  CITY AND CITIES CONTAINING MORE THAN ONE COUNTY IN
THE OPERATION OF THE PROGRAM AND FOR ELIGIBILITY REQUIREMENTS FOR GRANTS
ADMINISTERED UNDER THIS SECTION.
S 27-3015. GRANTS FOR COLLECTION EVENTS.
  1. FUNDS. THE DEPARTMENT  IS  AUTHORIZED  TO  ADMINISTER  APPROPRIATED
FUNDS FOR THE ADMINISTRATION OF THESE PROGRAMS.
  2.  GRANT ELIGIBILITY. GRANTS APPROVED UNDER THIS TITLE MAY BE PAID TO
A REGISTERED SPONSOR OF A COLLECTION  EVENT,  INCLUDING  SPONSORS  OTHER
THAN  MUNICIPALITIES. THE DEPARTMENT IS AUTHORIZED TO REIMBURSE SPONSORS
FOR ELIGIBLE COSTS INCURRED AFTER THE EFFECTIVE DATE OF THIS  TITLE  FOR
THE  OPERATION  OF  COLLECTION  EVENTS  FOR ELIGIBLE ENTITIES UNDER THIS
TITLE.
  3. MATCHING REQUIREMENT. THE  FUNDS  ADMINISTERED  BY  THE  DEPARTMENT
UNDER  THIS  TITLE  MAY BE EXPENDED BY THE DEPARTMENT ONLY TO THE EXTENT
THAT THE GRANT AMOUNT HAS BEEN MATCHED, AT LEAST DOLLAR  FOR  DOLLAR  IN
VALUE, BY THE GRANT APPLICANT. SPONSORS OF A COLLECTION EVENT ARE HEREBY
AUTHORIZED  TO  RECEIVE  ALL OR PART OF THE REQUIRED MATCHING FUNDS FROM
MANUFACTURERS OR OTHER PERSONS.
  4. OTHER LIMITATIONS. NO MORE THAN ONE HUNDRED  THOUSAND  DOLLARS  PER
FISCAL  YEAR  MAY BE EXPENDED BY THE DEPARTMENT FOR COLLECTION EVENTS IN
ANY ONE COUNTY NOT WHOLLY CONTAINED WITHIN A CITY, AND NO MORE THAN FIVE
HUNDRED  THOUSAND  DOLLARS  MAY  BE  EXPENDED  BY  THE  DEPARTMENT   FOR
COLLECTION EVENTS IN ANY CITY CONTAINING MORE THAN ONE COUNTY.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law; provided that the commissioner of environ-
mental conservation is authorized to promulgate any and  all  rules  and
regulations  and take any other measures necessary to implement this act
on its effective date on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.