|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to cultural affairs, tourism, parks and recreation|
|Jan 09, 2013||referred to cultural affairs, tourism, parks and recreation|
senate Bill S1979
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1979 - Details
S1979 - Summary
Relates to notification of discharge by the department of environmental conservation; requires costs to provide the community notification shall be borne by the party responsible for the discharge or spill.
S1979 - Sponsor Memo
BILL NUMBER:S1979 TITLE OF BILL: An act to amend the navigation law, in relation to notification of discharge by the department of environmental conserva- tion SUMMARY OF PROVISIONS: Section 1 amends § 175 of the Navigation Law to require the Department of Environmental Conservation, after a petroleum discharge or spill, to notify the surrounding landowners and tenants. Section 2 enumerates the effective date. JUSTIFICATION: Despite major and minor underground spills or discharges of petroleum in New York, there is no statutory requirement that the Department of Environmental Conservation ("DEC") notify surrounding property owners or tenants. New York State has approximately 52,000 storage facilities which involve an estimated 125,000 bulk storage tanks. Leaks and spills occur as a result of poor housekeeping, over- filling of tanks, loading and unloading mistakes, and poor maintenance and inspection. According to the DEC, each year it receives approximate- ly 16,000 reports of confirmed and suspected releases to the environment - roughly 90%. of the spills reported involve petroleum products. In 2001, for example, the U.S. Environmental Protection Agency ("EPA") inspected 33 mid-Hudson Valley gasoline service stations. With addi-
S1979 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1979 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the navigation law, in relation to notification of discharge by the department of environmental conservation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 175 of the navigation law is designated subdivision 1 and a new subdivision 2 is added to read as follows: 2. UPON NOTIFICATION OF A DISCHARGE PURSUANT TO SUBDIVISION ONE OF THIS SECTION OR SUBDIVISION EIGHT OF SECTION 17-0303 OF THE ENVIRON- MENTAL CONSERVATION LAW, THE DEPARTMENT SHALL NOTIFY BY REGISTERED MAIL WITHIN FIVE DAYS: (A) THE CHIEF EXECUTIVE OFFICER OF ANY COUNTY, CITY, TOWN OR VILLAGE IMPACTED BY THE SPILL, AND (B) ALL LANDOWNERS OR TENANTS ADJACENT TO AND NEARBY THE SITE WHOSE PROPERTY OR DRINKING WATER SUPPLY MAY BE POTENTIALLY ADVERSELY IMPACTED BY SUCH DISCHARGE. FOR THE PURPOSES OF THIS SECTION, ADJACENT AND NEARBY LANDOWNERS AND TENANTS SHALL MEAN THOSE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE SPILL OR DISCHARGE. THE COST TO THE DEPARTMENT TO PROVIDE THE COMMUNITY NOTIFICATION UNDER THIS SUBDIVISION SHALL BE BORNE BY THE PARTY RESPON- SIBLE FOR THE DISCHARGE OR SPILL. 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. LBD06240-01-3
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