senate Bill S706

2013-2014 Legislative Session

Limits medical waste treatment facilities construction, prohibits issuance of permits to facilities, provides for annual review of permits issued to previously-existing facilities

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S706 - Bill Details

See Assembly Version of this Bill:
A4823
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง27-1517, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1718, A4369
2009-2010: S2616, A4445A

S706 - Bill Texts

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Prohibits the establishment or conversion of medical waste treatment, storage, transfer or disposal facilities in any area of the state not zoned for such uses; prohibits the issuance of permits to such facilities; provides for the annual review of permits issued to previously-existing medical waste treatment, storage, transfer or disposal facilities located in areas not zoned for such use.

view sponsor memo
BILL NUMBER:S706

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to prohibiting
the establishment or conversion of medical waste treatment, storage,
transfer or disposal facilities within one-half
mile of any residential area,
prohibiting the issuance of permits to such facilities, and providing
for the annual review of permits issued to previously-existing medical
waste treatment, storage, transfer or disposal facilities located
within one mile of any residential area

PURPOSE OR GENERAL IDEA OF BILL:
To limit the health
risks associated
with medical waste transfer station by ensuring that they do not
operate in close proximity to densely populated areas.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends the environmental
conservation law section 27-1517 by adding a new subdivision 4 to
read as follows: 4a(i) no facility providing for the storage,
transportation, treatment or disposal of regulated medical waste
shall be constructed within any area within the state which is not
zoned for use by such facility or in any area which is within one
half mile of a residential zoned area located within the state. (ii)
no existing facility located within the state shall be converted to a
facility providing for the storage, transportation, treatment or
disposal of regulated medical waste unless the facility is located
in an area zoned for use by such facility and such area is not within
one half mile of a residential area located within the state.

JUSTIFICATION:
There are many facilities that process regulated
medical waste throughout the State of New York. Although these
facilities are needed to manage this extremely hazardous type of
waste, it is our responsibility to ensure that they are not operating
in areas that are in close proximity to residential homes which could
pose a health risk to the citizens of this state.
Research has found that medical waste transfer stations can cause
health risk when located near residential areas. For example in New
York City, in the Southern part of the Bronx, where such a facility
exist, residents have suffered greatly from being in close proximity
to this kind of facility.
According to a study conducted by New York University's School of
Medicine and Robert F Wagner Graduate School of Public Service, the
waste stations in the South Bronx community are directly related to
the overall poor health of that area's residents. Specifically the
residents in that area suffer from a higher rate of lung and prostate
cancer than any other community in the New York City area. In
addition, the rate of asthma amongst the children in that area is
five times higher than among children in other communities in New
York City. The study makes a direct
correlation between the many health issues faced by the residents of
the community and the operation of the medical waste stations in that


area. This legislation will ensure that citizens are not exposed to
the siting of these potentially dangerous facilities in close
proximity to their homes.

PRIOR LEGISLATIVE HISTORY:
S.1718 of 2011
01/11/11 REFERRED TO ENVIRONMENTAL CONSERVATION
01/11/12 REFERRED TO ENVIRONMENTAL CONSERVATION

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   706

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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
  prohibiting  the  establishment  or conversion of medical waste treat-
  ment, storage, transfer or disposal facilities within one-half mile of
  any residential area, prohibiting the  issuance  of  permits  to  such
  facilities,  and  providing for the annual review of permits issued to
  previously-existing medical  waste  treatment,  storage,  transfer  or
  disposal facilities located within one mile of any residential area

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

  Section 1. Section 27-1517 of the environmental  conservation  law  is
amended by adding a new subdivision 4 to read as follows:
  4.  A.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY:  (I) NO
FACILITY  PROVIDING  FOR  THE  STORAGE,  TRANSPORTATION,  TREATMENT   OR
DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE CONSTRUCTED WITHIN ANY AREA
WITHIN  THE STATE WHERE LOCAL ZONING LAWS PROHIBIT THE OPERATION OF SUCH
FACILITY OR IN ANY AREA WHICH IS WITHIN ONE-HALF MILE OF  A  RESIDENTIAL
AREA LOCATED WITHIN THE STATE; AND
  (II)  NO EXISTING FACILITY LOCATED WITHIN THE STATE SHALL BE CONVERTED
TO A FACILITY PROVIDING FOR THE STORAGE,  TRANSPORTATION,  TREATMENT  OR
DISPOSAL OF REGULATED MEDICAL WASTE UNLESS THE FACILITY IS LOCATED IN AN
AREA  WHERE  LOCAL ZONING LAWS PERMIT THE OPERATION OF SUCH FACILITY AND
SUCH AREA IS NOT WITHIN ONE-HALF MILE  OF  A  RESIDENTIAL  AREA  LOCATED
WITHIN THE STATE.
  B.  NO  PERMIT  AUTHORIZING  THE STORAGE, TRANSPORTATION, TREATMENT OR
DISPOSAL OF REGULATED MEDICAL WASTE SHALL  BE  ISSUED  TO  ANY  FACILITY
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION BY THE DEPARTMENT OR BY ANY
REGIONAL,  DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF HEALTH,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00052-01-3

S. 706                              2

OR LOCAL HEALTH DEPARTMENT TO WHICH THE DEPARTMENT HAS DELEGATED RESPON-
SIBILITY TO ISSUE OR REVIEW PERMITS.
  C.  (I)  ALL  PERMITS FOR WHICH CONDITIONAL OR FINAL APPROVAL HAS BEEN
GRANTED OR WHICH HAVE BEEN ISSUED TO FACILITIES PROVIDING FOR THE  STOR-
AGE,  TRANSPORTATION,  TREATMENT  OR DISPOSAL OF REGULATED MEDICAL WASTE
AND LOCATED WITHIN AREAS OF THE STATE NOT ZONED FOR USE BY SUCH FACILITY
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT  TO  ANNUAL
REVIEW  BY THE DEPARTMENT OR BY ANY REGIONAL, DISTRICT OR COUNTY OFFICES
OF THE STATE DEPARTMENT OF HEALTH, OR LOCAL HEALTH DEPARTMENT  TO  WHICH
THE  DEPARTMENT HAS DELEGATED RESPONSIBILITY TO ISSUE OR REVIEW PERMITS.
ANY PERMIT, RENEWAL PERMIT OR  MODIFIED  PERMIT  ISSUED  FOLLOWING  SUCH
REVIEW SHALL BE VALID FOR A PERIOD NOT TO EXCEED ONE YEAR.
  (II)  THE  COMMISSIONER MAY, CONSISTENT WITH ARTICLES TWENTY-THREE AND
TWENTY-THREE-A OF THE CORRECTION LAW,  AND  THE  PROVISIONS  OF  SECTION
70-0115  OF  THIS  CHAPTER,  DENY, SUSPEND, REVOKE OR MODIFY ANY PERMIT,
RENEWAL OR MODIFICATION THERETO  FOR THE STORAGE, TRANSPORTATION, TREAT-
MENT OR DISPOSAL OF REGULATED MEDICAL WASTE,  UPON  A  WRITTEN  DETERMI-
NATION  THAT  SUCH  ACTION  IS REQUIRED TO PROTECT THE PUBLIC HEALTH AND
SAFETY AND THAT ANY OF THE PROVISIONS OF PARAGRAPH  A,  B,  C  OR  D  OF
SUBDIVISION ONE OF THIS SECTION APPLY.
  D. ANY ACTION INVOLVING THE CONSTRUCTION OR EXPANSION OF A SOLID WASTE
TRANSFER  STATION WITHIN ONE-HALF MILE OF A RESIDENTIAL ZONED AREA SHALL
BE DEEMED TO HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT REQUIRING  THE
PREPARATION  OF  AN  ENVIRONMENTAL  IMPACT STATEMENT PURSUANT TO SECTION
8-0109 OF THIS CHAPTER. SUCH STATEMENT SHALL MEET  THE  REQUIREMENTS  OF
THE  MOST  DETAILED  ENVIRONMENTAL  IMPACT  STATEMENT  REQUIRED  BY SUCH
SECTION 8-0109 OR BY ANY SUCH RULE OR REGULATION PROMULGATED PURSUANT TO
SUCH SECTION AND SHALL INCLUDE THE HOLDING OF A PUBLIC HEARING OR  HEAR-
INGS.
  E. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO HOSPITALS AND
OTHER  FACILITIES  WHICH  PROVIDE  MEDICAL SERVICES AND GENERATE MEDICAL
WASTE FROM THEIR OPERATIONS AND WHICH  PROVIDE  ON-SITE  STORAGE  OF  OR
PERFORM ON-SITE TREATMENT AND DISPOSAL OF REGULATED MEDICAL WASTE.
  F.  AS  USED  IN  THIS  SUBDIVISION, "RESIDENTIAL AREA" MEANS ANY AREA
ZONED FOR RESIDENTIAL USE, REGARDLESS OF WHETHER SUCH AREA IS ALSO ZONED
FOR OTHER USE.
  G. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS
AS  HE  OR  SHE  DEEMS  NECESSARY  TO  IMPLEMENT  THE PROVISIONS OF THIS
SECTION.
  S 2. This act shall take effect immediately.

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