Senate Bill S4223

                                BILL NUMBER:S4223

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to providing authority for abatement of certain noncompliant
vehicle dismantling facilities and closed solid waste landfills

Purpose of the Bill:

This bill would authorize the Department of Environmental Conservation
(DEC) to use funds from the Waste Management and Cleanup Fund to abate
non-compliant municipal solid waste landfills closed prior to 1993 and
vehicle dismantling facilities.

Summary of Provisions:

Section 1 of the bill would add a new paragraph (d) to Environmental
Conservation Law (ECL) § 27-1915(1) to permit DEC to use funds from
the Waste Management and Cleanup Fund, under certain conditions, to
pay for expenses incurred by the agency in undertaking abatement or
remedial activities associated with non-compliant municipal solid
waste landfills closed prior to 1993 and vehicle dismantling
facilities.

Section 2 of this bill would provide that the bill would take effect
on January 1, 2014.

              

Existing Law:  Title 19 of Article 27 of the ECL, which authorizes DEC
to abate noncompliant waste tire stockpiles, was established by Part
V1 of Chapter 62 of the Laws of 2003. The purposes for which the Waste
Management and Cleanup Fund may be utilized by DEC were revised and
expanded by Part DD of Chapter 59 of the Laws of 2010 to include the
administration and enforcement of Article 27, except for Titles 13
(Superfund) and 14 (Brownfields). Title 23 of Article 27 requires DEC
to regulate the operation of vehicle dismantling facilities.

Prior Legislative History:  This is a new proposal.

Statement in Support:  Across the state, there are various discharges
of pollutants associated with a number of vehicle dismantling
facilities and closed landfills that are causing adverse impacts to
groundwater, surface waters and the soil. For example, there are
almost 900 known inactive landfills, many of which were closed before
1993, when landfill closure regulations required only a final cover
consisting of two feet of compacted soil and did not require financial
assurance for post-closure care and maintenance. Many of these
landfills do not have effective liners and leachate collection
systems. Similarly, many of the over 750 vehicle dismantling
facilities in the state regulated by DEC have significant
environmental contaminants on-site.  Many of these facilities also
have discharges to the environment associated with storage solid and
hazardous waste, and petroleum

Owners of inactive landfills and vehicle dismantling facilities may be
defunct or unable, because of a lack of resources, to make needed
repairs to mitigate the impacts to public health and the environment.
Under existing law, DEC lacks any legal mechanism to pay for
appropriate repairs and monitoring of such facilities.


The bill would authorize DEC to use funds from the Waste Management
and Cleanup Fund to abate environmental discharges from closed
landfills and vehicle dismantling facilities when they are abandoned
or the property owner lacks sufficient funding to undertake necessary
remediation. DEC has similar authority to undertake the remediation of
waste tire stockpiles, which has successfully addressed the majority
of those sites. This bill would allow DEC to use state resources to
ensure protection of public health and the environment at contaminated
facilities.

Budget Implications:  None.

Local Impact:  This bill would result in no financial impact to local
governments but may improve the attractiveness of communities by
remedying eyesores and contaminated sites. In some cases, these
remediated sites may be able to be redeveloped by the community.

Effective Date:  This bill would take effect January 1, 2014.