Senate Bill S5587A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5587--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 23, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to end
  of life vehicle processing facilities

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

  Section 1. The title heading of title 23 of article 27 of the environ-
mental conservation law, as added by chapter 180 of the laws of 2006, is
amended to read as follows:
          [VEHICLE DISMANTLING] END OF LIFE VEHICLE PROCESSING
                               FACILITIES
  S  2.  Section 27-2301 of the environmental conservation law, as added
by chapter 180 of the laws of 2006, is amended to read as follows:
S 27-2301. Definitions.
  As used in this title:
  1. "Container" shall mean any portable OR STATIONARY device, INCLUDING
TANKS in which a material is stored, transported, treated,  disposed  of
or otherwise handled.
  2.  "Contingency  plan" means a document describing organized, planned
and technically coordinated and financially feasible courses  of  action
to be followed in case of emergency or other special conditions.
  3.  "DECOMMISSION"  SHALL  MEAN THE REMOVAL OF POTENTIAL ENVIRONMENTAL
CONTAMINANTS FROM AN END-OF-LIFE VEHICLE INCLUDING BUT  NOT  LIMITED  TO
FLUIDS, BATTERIES, REFRIGERANTS AND MERCURY SWITCHES.
  4.  "Discharge"  shall  mean  the  accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying or dumping  of  any  solid
waste,  or  solid  waste constituent, including leachate, into or on any
air, land or water.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11240-02-3
              

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  [4.] 5. "End of life vehicle"  shall  mean  any  motor  vehicle  sold,
given, or otherwise disposed of as junk or salvage.
  [5.] 6. "Good condition" shall mean no severe rusting, apparent struc-
tural defects or deteriorations and not leaking.
  [6.]  7.  "Groundwater"  shall  mean water below the land surface in a
saturated zone of soil or rock. This includes  perched  water  separated
from the main body of groundwater by an unsaturated zone.
  [7.] 8. "Leak-resistant" or "leak-proof" shall mean designed and main-
tained  to  prevent  the  escape of contained liquids or other materials
when appropriately closed regardless  of  container  orientation  (i.e.,
upright, tipped over).
  [8.] 9. "Mercury containing devices" shall mean any device or material
into  which  elemental  mercury  or  mercury compounds are intentionally
added during the manufacture of such devices  and  which  the  continued
presence  of  mercury  is required to provide a specific characteristic,
appearance or quality or to perform  a  specific  function.  Such  items
include  but  are not limited to convenience lighting switches, antilock
brake assemblies, and high intensity discharge head lamps.
  [9.] 10. "Surface  water"  shall  mean  lakes,  bays,  sounds,  ponds,
impounding  reservoirs,  perennial  streams and springs, rivers, creeks,
estuaries, marshes, inlets, canals, the Atlantic ocean within the terri-
torial limits of New York state,  and  all  other  perennial  bodies  of
surface  water, natural or artificial, inland or coastal, fresh or salt,
public or private, pursuant to article 15 of this chapter.
  [10.] 11. "Vector" shall mean a carrier that is capable  of  transmit-
ting  a pathogen from one organism to another including, but not limited
to, flies and other insects, rodents, birds and vermin.
  [11.] 12. "[Vehicle dismantler] END OF LIFE VEHICLE PROCESSING FACILI-
TY" shall mean any person or entity, INCLUDING  VEHICLE  DISMANTLERS  OR
SCRAP PROCESSORS engaged in the business of acquiring PER YEAR MORE THAN
TWENTY-FIVE  motor vehicles or trailers for the purpose of DECOMMISSION-
ING AND dismantling the same for parts or  reselling  such  vehicles  as
scrap,  but  shall not include a person that receives no more than twen-
ty-five end of life vehicles per year and stores less than fifty end  of
life  vehicles on site at any one time AND SHALL NOT INCLUDE A PERSON OR
ENTITY PROPERLY REGISTERED AS A SALVAGE POOL PURSUANT  TO  SECTION  FOUR
HUNDRED FIFTEEN-A OF THE VEHICLE AND TRAFFIC LAW.
  S  3.  Section 27-2303 of the environmental conservation law, as added
by chapter 180 of the laws of 2006, is amended to read as follows:
S 27-2303. Regulation of [vehicle dismantling] END OF LIFE VEHICLE PROC-
             ESSING facilities.
  All [vehicle dismantlers] END OF LIFE  VEHICLE  PROCESSING  FACILITIES
owning  or  controlling  a  facility  for the dismantling of end of life
vehicles on site shall be subject to the requirements of this title.
  1. An annual report shall  be  submitted  to  the  department,  to  be
included  on the department's website, including, but not be limited to,
the following:
  (a) the number of end of life vehicles received AND PROCESSED  at  the
facility;
  (b)  [the  number of end of life vehicles crushed and removed from the
facility;
  (c)] the number of end of life vehicles stored at the facility at  the
end of the reporting year;
  [(d)] (C) the approximate area at the facility used for storage of end
of life vehicles;

S. 5587--A                          3

  [(e)] (D) the quantities of waste vehicle fluids extracted from end of
life  vehicles  received  and  their disposition, including the quantity
sold, used on-site, stored on-site, and disposed; and
  [(f)]  (E) the number and if applicable nature of any violation of all
applicable rules and regulations of the state.
  2. All fluid draining, removal, and  collection  activities  shall  be
conducted  on  SEALED  asphalt or concrete surface or other surface that
allows equivalent protections to surface and groundwater. Such  surfaces
shall  be  cleaned daily, or more frequently when spillage has occurred,
using absorbent materials that are collected and properly disposed of.
  3. All fluids shall be completely  drained,  removed,  collected,  and
stored  for  appropriate  use,  treatment  or  disposal,  UTILIZING BEST
MANAGEMENT PRACTICES.
  4. End of life vehicles arriving at the facility  shall  be  inspected
upon  arrival for leaking fluids and unauthorized waste. Leaks should be
remedied or contained to avoid releases of fluids to the environment.
  5. Prior to vehicle crushing or  shredding,  the  following  potential
environmental   contaminants   shall   be  drained,  removed,  deployed,
collected and/or stored, as appropriate  and  in  accordance  with  best
management practices:
  (a)  fluids including engine oil, transmission fluid, transaxle fluid,
front and rear axle fluid, brake fluid, power steering  fluid,  coolant,
WASHER FLUID and fuel;
  (b) lead acid batteries;
  (c) small PCB capacitors, mercury switches or other mercury containing
devices;
  (d) refrigerants used in automobile air conditioning systems; and
  (e) air bags [are deployed or removed] CONTAINING SODIUM AZIDE.
  6.  Fluids  shall  be  contained  in  an appropriate container for the
specific waste vehicle fluid. Fluids that are stored shall be placed  in
closed  containers.  The  containers  shall  be  in  good condition. The
containers shall be clearly and legibly marked as to contents.  Contain-
ers shall be stored on a bermed asphalt or concrete surface  or  surface
that allows equivalent protection to groundwater.
  7.  Lead  acid  batteries  shall not be stored on the ground. All lead
acid batteries shall be covered by a tarp or other  means  in  a  manner
that  severely  restricts  water  from coming into contact with the lead
acid battery. Leaking batteries shall be stored in a leakproof container
separately from intact lead acid batteries and provisions  shall  be  in
place to absorb any leakage.
  8. Small PCB capacitors, mercury switches and other mercury containing
devices  shall be stored in an appropriate labeled container for recycl-
ing or disposal.
  9. No more than one thousand waste tires off vehicles shall be  stored
at  the facility at any one time unless a permit is obtained pursuant to
this title.
  10. Fluids shall not be intentionally released on  the  ground  or  to
surface water.
  11.  [Ensure  the  safe  storage  of  automobiles  at such facilities,
including the regulation of stacking automobiles.] END-OF-LIFE  VEHICLES
SHALL BE STORED AND STACKED SAFELY UTILIZING BEST MANAGEMENT PRACTICES.
  12.  Access to and use of facility shall be continuously controlled by
fencing, gates, signs, or natural barriers.
  13. Vegetation shall be controlled to prevent encroachment  into  fire
access  lanes or driveways at the facility and to decrease the potential
of fire.

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  14. [Ensure the safe handling, processing and storage of any residues,
including, but not limited to, product left over after an automobile  is
crushed  and  parts  have been extracted, in such a manner as to prevent
off-site migration or run-off.] RESIDUES SHALL BE SAFELY HANDLED,  PROC-
ESSED AND STORED UTILIZING BEST MANAGEMENT PRACTICES.
  15.  Dust  shall  be  effectively  controlled  so  to not constitute a
nuisance or hazard to health, safety, or property.
  16. The facility shall be maintained  so  as  to  prevent  or  control
on-site   populations   of  vectors  using  techniques  appropriate  for
protection of human health and the environment and prevent the  facility
from being a vector breeding area.
  17.  The  facility  shall  have  a  contingency  plan which includes a
description of the actions to be taken  by  facility  employees  in  the
event  of  a  fire, a spill or release of vehicle waste fluids, or unau-
thorized material is received at the facility.
  18. Upon the receipt of an end of life vehicle, the date  that  it  is
received shall be recorded and maintained on-site.
  S  4. Paragraph (g) of subdivision 1 of section 3-0317 of the environ-
mental conservation law, as added by chapter 77 of the laws of 2010,  is
amended to read as follows:
  (g) regulated as a [vehicle dismantler] END-OF-LIFE VEHICLE PROCESSING
FACILITY pursuant to title 23 of article 27 of this chapter;
  S  5.  This act shall take effect immediately; provided, however, that
the amendments to section 3-0317 of the environmental  conservation  law
made  by  section  four  of this act shall not affect the repeal of such
section and shall expire and be deemed repealed therewith.