senate Bill S719A

2013-2014 Legislative Session

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Oct 09, 2013 print number 719b
amend and recommit to environmental conservation
Feb 06, 2013 print number 719a
amend and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S719 - Bill Details

See Assembly Version of this Bill:
A3754
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3029A, A1241A
2009-2010: S7130, A1319

S719 - Bill Texts

view summary

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.

view sponsor memo
BILL NUMBER:S719

TITLE OF BILL:
An act
to amend the environmental conservation law and the general municipal
law, in relation to disposal and source separation of recyclable
materials

PURPOSE:
This bill clarifies the obligations of waste haulers
regarding the handling of recyclable materials and specifies the
materials which are to be separated for recycling.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new
Section 27-0709 to the Environmental Conservation Law to prohibit
private and municipal waste haulers from delivering recyclable
materials to landfills or incinerators.

Section 2 of the bill amends Section 120-aa(2) of the General
Municipal Law to specify which materials must at a minimum be
separated for recycling pursuant to a local recycling law.

Section 3 of the bill contains a severability clause.

The bill takes effect 180 days following enactment.

EXISTING LAW:
Pursuant to General Municipal Law § 120-aa, every municipality must
law requiring the separation of recyclable materials for which an
economic alternative uses exists.

JUSTIFICATION:
This bill will encourage and enhance statewide
recycling efforts and compliance by private citizens, local
governments and waste haulers, thereby preserving natural resources,
improving air and water quality, and extending the life of the few
remaining disposal facilities in New York State.

PRIOR LEGISLATIVE HISTORY:
S.3029A Referenced to Senate Environmental Conservation Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill takes effect 180 days after enactment.

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

                                   719

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  and  the  general
  municipal  law,  in  relation  to  disposal  and  source separation of
  recyclable materials

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

  Section  1.  The environmental conservation law is amended by adding a
new section 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A. "INCINERATOR" SHALL HAVE THE SAME MEANING AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  B.  "LANDFILL"  SHALL  HAVE  THE  SAME  MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA  OF  THE  GENERAL
MUNICIPAL LAW.
  D.  "RECYCLABLE  MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
WHICH HAVE BEEN SEPARATED FROM OTHER SOLID  WASTE  AS  REQUIRED  BY  THE
LOCAL  RECYCLING  LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.
  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN  A  RECYCLA-
BLES   HANDLING   AND   RECOVERY  FACILITY,  USED  OIL  FACILITY,  OR  A
CONSTRUCTION AND DEMOLITION  DEBRIS  PROCESSING  FACILITY,  WHERE  SOLID
WASTE  IS  RECEIVED  FOR  THE  PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
SOLID WASTE MANAGEMENT  FACILITY  FOR  PROCESSING,  TREATING,  DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04063-01-3

S. 719                              2

  F.  "TRANSPORTER"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
  2.  A.  NO TRANSPORTER SHALL COMMINGLE RECYCLABLE MATERIALS WITH OTHER
SOLID WASTE, OR CAUSE RECYCLABLE MATERIALS TO BE COMMINGLED  WITH  OTHER
SOLID WASTE.
  B.  NO  TRANSPORTER  SHALL  DELIVER  RECYCLABLE MATERIALS TO, OR CAUSE
RECYCLABLE MATERIALS TO BE DELIVERED TO:  (I)  AN  INCINERATOR;  (II)  A
LANDFILL; (III) A TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS ARE
KEPT  SEPARATED FROM OTHER SOLID WASTE; OR (IV) ANYONE WHO THE TRANSPOR-
TER KNOWS OR SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS
WITH OTHER SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCIN-
ERATOR OR A LANDFILL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL ACCEPT RECYCLABLE
MATERIALS FOR DISPOSAL.
  D. NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE RECYCLABLE  MATE-
RIALS  WITH OTHER SOLID WASTE, OR TRANSFER RECYCLABLE MATERIALS OR CAUSE
RECYCLABLE MATERIALS TO BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR
DISPOSAL.
  S 2. Paragraphs b and c of subdivision 2  of  section  120-aa  of  the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  b.  [For  purposes  of this section, "components" shall include paper,
glass, metals, plastics, garden and yard waste, and  may  include  other
elements  of  solid  waste.]  NO  LATER  THAN  JULY  FIRST, TWO THOUSAND
FIFTEEN, A MUNICIPALITY SHALL ADOPT A LOCAL LAW OR ORDINANCE TO  REQUIRE
THAT  RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH HAS
BEEN LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF  SUCH
WASTE  TO  A  SOLID  WASTE  MANAGEMENT  FACILITY.  FOR  PURPOSES OF THIS
SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS
CONTAINERS, METAL CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1  CODE)  AND
HIGH  DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II) CORRUGATED
CARDBOARD CONTAINERS AND PAPER BOARD; (III)  MIXED  PAPER  GENERATED  BY
NON-RESIDENTIAL  ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF MORE
THAN FOUR DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE  OR  OTHER
MATERIALS  FOR  WHICH  THE MUNICIPALITY DETERMINES THAT ECONOMIC MARKETS
FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE
SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING.
  c. Prior to [exercising the authority of this section to enact such  a
local  law  or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH (IV)
OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public
hearing relating to its proposed provisions and shall give due consider-
ation to existing  source  separation,  recycling  and  [other  resource
recovery]  SOLID  WASTE DISPOSAL activities in the area, to the adequacy
of markets for separated materials, and to  any  additional  effort  and
expense  to  be incurred by residents in meeting the proposed separation
requirements. The authority provided in this section shall be  in  addi-
tion  to  and  without  limitation  upon the authority vested in munici-
palities under any other statute.
  S 3. Severability.   If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

S719A - Bill Details

See Assembly Version of this Bill:
A3754
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3029A, A1241A
2009-2010: S7130, A1319

S719A - Bill Texts

view summary

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.

view sponsor memo
BILL NUMBER:S719A

TITLE OF BILL: An act to amend the environmental conservation law and
the general municipal law, in relation to disposal and source separation
of recyclable materials

PURPOSE: This bill clarifies the obligations of waste haulers regarding
the handling of recyclable materials and specifies the materials which
are to be separated for recycling.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new

Section 27-0709 to_the Environmental Conservation Law to prohibit
private and municipal waste haulers from Knowingly delivering recyclable
materials to landfills or incinerators.

Section 2 of the bill amends Section 120-aa(2) of the General Municipal
Law to specify which materials must at a minimum be separated for recy-
cling pursuant to a local recycling law.

Section 3 of the bill contains a severability clause. The bill takes
effect 180 days following enactment.

EXISTING LAW: Pursuant to General Municipal Law § 120-aa, every munici-
pality must enact a local law requiring the separation of recyclable
materials for which an economic market for alternative uses exists.

JUSTIFICATION: This bill will encourage and enhance statewide recycling
efforts and compliance by private citizens, local governments and waste
haulers, thereby preserving natural resources, improving air and water
quality, and extending the life of the few remaining disposal facilities
in New York State.

PRIOR LEGISLATIVE HISTORY: S 3029A Referenced to Senate Environmental
Conservation Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill takes effect 180 days after enactment.

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

                                 719--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN  ACT  to  amend  the  environmental  conservation law and the general
  municipal law, in  relation  to  disposal  and  source  separation  of
  recyclable materials

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A.  "INCINERATOR"  SHALL  HAVE THE SAME MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  B. "LANDFILL" SHALL HAVE THE  SAME  MEANING  AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT  TO  THE  PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL
MUNICIPAL LAW.
  D. "RECYCLABLE MATERIALS" MEANS RECYCLABLE COMPONENTS OF  SOLID  WASTE
WHICH  HAVE  BEEN  SEPARATED  FROM  OTHER SOLID WASTE AS REQUIRED BY THE
LOCAL RECYCLING LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF  SECTION  ONE
HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.
  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED  OR  OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
BLES  HANDLING  AND  RECOVERY  FACILITY,  USED  OIL   FACILITY,   OR   A
CONSTRUCTION  AND  DEMOLITION  DEBRIS  PROCESSING  FACILITY, WHERE SOLID
WASTE IS RECEIVED FOR THE PURPOSE  OF  SUBSEQUENT  TRANSFER  TO  ANOTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04063-02-3

S. 719--A                           2

SOLID  WASTE  MANAGEMENT  FACILITY  FOR  PROCESSING, TREATING, DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.
  F.  "TRANSPORTER"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
  2. A. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE  MATERIALS  WITH  OTHER
SOLID  WASTE  OR  KNOWINGLY  CAUSE MATERIALS TO BE COMMINGLED WITH OTHER
SOLID WASTE IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  B. NO TRANSPORTER SHALL KNOWINGLY DELIVER MATERIALS THAT ARE  RECYCLA-
BLE MATERIALS TO, OR KNOWINGLY CAUSE MATERIALS THAT ARE RECYCLABLE MATE-
RIALS  TO  BE DELIVERED TO: (I) AN INCINERATOR; (II) A LANDFILL; (III) A
TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS  ARE  KEPT  SEPARATED
FROM  OTHER  SOLID  WASTE;  OR  (IV) ANYONE WHO THE TRANSPORTER KNOWS OR
SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS  WITH  OTHER
SOLID  WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCINERATOR OR A
LANDFILL FOR DISPOSAL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY  ACCEPT
MATERIALS FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  D. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE MATERI-
ALS  WITH  OTHER  SOLID WASTE OR CAUSE MATERIALS TO BE TRANSFERRED TO AN
INCINERATOR OR LANDFILL FOR DISPOSAL IF SUCH  MATERIALS  ARE  RECYCLABLE
MATERIALS.
  S  2.  Paragraphs  b  and  c of subdivision 2 of section 120-aa of the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  b. [For purposes of this section, "components"  shall  include  paper,
glass,  metals,  plastics,  garden and yard waste, and may include other
elements of solid  waste.]  NO  LATER  THAN  JULY  FIRST,  TWO  THOUSAND
FIFTEEN,  A MUNICIPALITY SHALL ADOPT A LOCAL LAW OR ORDINANCE TO REQUIRE
THAT RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH  HAS
BEEN  LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF SUCH
WASTE TO A  SOLID  WASTE  MANAGEMENT  FACILITY.  FOR  PURPOSES  OF  THIS
SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS
CONTAINERS,  METAL  CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1 CODE) AND
HIGH DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II)  CORRUGATED
CARDBOARD  CONTAINERS  AND  PAPER  BOARD; (III) MIXED PAPER GENERATED BY
NON-RESIDENTIAL ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF  MORE
THAN  FOUR  DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE OR OTHER
MATERIALS FOR WHICH THE MUNICIPALITY DETERMINES  THAT  ECONOMIC  MARKETS
FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE
SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING.
  c.  Prior to [exercising the authority of this section to enact such a
local law or ordinance] MAKING A DETERMINATION UNDER  SUBPARAGRAPH  (IV)
OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public
hearing relating to its proposed provisions and shall give due consider-
ation  to  existing  source  separation,  recycling  and [other resource
recovery] SOLID WASTE DISPOSAL activities in the area, to  the  adequacy
of  markets  for  separated  materials, and to any additional effort and
expense to be incurred by residents in meeting the  proposed  separation
requirements.  The  authority provided in this section shall be in addi-
tion to and without limitation upon  the  authority  vested  in  munici-
palities under any other statute.
  S  3.  Severability.    If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the  remainder  thereof,  but  shall be confined in its operation to the

S. 719--A                           3

clause, sentence, paragraph, section or part thereof  directly  involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

S719B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3754
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §27-0709, En Con L; amd §120-aa, Gen Muni L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3029A, A1241A
2009-2010: S7130, A1319

S719B (ACTIVE) - Bill Texts

view summary

Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.

view sponsor memo
BILL NUMBER:S719B

TITLE OF BILL: An act to amend the environmental conservation law and
the general municipal law, in relation to disposal and source
separation of recyclable materials

PURPOSE:

This bill clarifies the obligations of waste haulers regarding the
handling of recyclable materials and specifies the materials which are
to be separated for recycling.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new Section 21-0709 to the Environmental
Conservation Law to prohibit private and municipal waste haulers from
knowingly delivering recyclable materials to landfills or
incinerators.

Section 2 of the bill amends Section 120-aa(2) of the General
Municipal Law to specify which materials must at a minimum be
separated for recycling pursuant to a local recycling law.

Section 3 of the bill contains a severabiiity clause. The bill takes
effect 180 days following enactment.

EXISTING LAW:

Pursuant to General Municipal Law § 120-aa, every municipality must
enact a local law requiring the separation of recyclable materials for
which an economic market for alternative uses exists.

JUSTIFICATION:

This bill will encourage and enhance statewide recycling efforts and
compliance by private citizens, local governments and waste haulers,
thereby preserving natural resources, improving air and water quality,
and extending the life of the few remaining disposal facilities in New
York State.

PRIOR LEGISLATIVE HISTORY:

S 3029A Referenced to Senate Environmental Conservation Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill takes effect 180 days after enactment.

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

                                 719--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, HOYLMAN, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental  Conservation  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  environmental  conservation law and the general
  municipal law, in  relation  to  disposal  and  source  separation  of
  recyclable materials

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 27-0709 to read as follows:
S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
  A.  "INCINERATOR"  SHALL  HAVE THE SAME MEANING AS PROVIDED IN SECTION
72-0401 OF THIS CHAPTER.
  B. "LANDFILL" SHALL HAVE THE  SAME  MEANING  AS  PROVIDED  IN  SECTION
72-0401 OF THIS CHAPTER.
  C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
ANT  TO  THE  PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL
MUNICIPAL LAW.
  D. "RECYCLABLE MATERIALS" MEANS RECYCLABLE COMPONENTS OF  SOLID  WASTE
WHICH  HAVE  BEEN  SEPARATED  FROM  OTHER SOLID WASTE AS REQUIRED BY THE
LOCAL RECYCLING LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF  SECTION  ONE
HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW.
  E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
OWNED  OR  OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
BLES  HANDLING  AND  RECOVERY  FACILITY,  USED  OIL   FACILITY,   OR   A
CONSTRUCTION  AND  DEMOLITION  DEBRIS  PROCESSING  FACILITY, WHERE SOLID

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04063-03-3

S. 719--B                           2

WASTE IS RECEIVED FOR THE PURPOSE  OF  SUBSEQUENT  TRANSFER  TO  ANOTHER
SOLID  WASTE  MANAGEMENT  FACILITY  FOR  PROCESSING, TREATING, DISPOSAL,
RECOVERY, OR FURTHER TRANSFER.
  F.  "TRANSPORTER"  MEANS  ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
  2. A. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE  MATERIALS  WITH  OTHER
SOLID  WASTE  OR  KNOWINGLY  CAUSE MATERIALS TO BE COMMINGLED WITH OTHER
SOLID WASTE IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  B. NO TRANSPORTER SHALL KNOWINGLY DELIVER MATERIALS THAT ARE  RECYCLA-
BLE MATERIALS TO, OR KNOWINGLY CAUSE MATERIALS THAT ARE RECYCLABLE MATE-
RIALS  TO  BE DELIVERED TO: (I) AN INCINERATOR; (II) A LANDFILL; (III) A
TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS  ARE  KEPT  SEPARATED
FROM  OTHER  SOLID  WASTE;  OR  (IV) ANYONE WHO THE TRANSPORTER KNOWS OR
SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS  WITH  OTHER
SOLID  WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCINERATOR OR A
LANDFILL FOR DISPOSAL.
  C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY  ACCEPT
MATERIALS FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS.
  D. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE MATERI-
ALS  WITH  OTHER  SOLID WASTE OR CAUSE MATERIALS TO BE TRANSFERRED TO AN
INCINERATOR OR LANDFILL FOR DISPOSAL IF SUCH  MATERIALS  ARE  RECYCLABLE
MATERIALS.
  S  2.  Paragraphs  b  and  c of subdivision 2 of section 120-aa of the
general municipal law, as amended by chapter 70 of the laws of 1988, are
amended to read as follows:
  b. [For purposes of this section, "components"  shall  include  paper,
glass,  metals,  plastics,  garden and yard waste, and may include other
elements of solid  waste.]  NO  LATER  THAN  JULY  FIRST,  TWO  THOUSAND
SIXTEEN,  A MUNICIPALITY SHALL ADOPT A LOCAL LAW OR ORDINANCE TO REQUIRE
THAT RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH  HAS
BEEN  LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF SUCH
WASTE TO A  SOLID  WASTE  MANAGEMENT  FACILITY.  FOR  PURPOSES  OF  THIS
SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS
CONTAINERS,  METAL  CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1 CODE) AND
HIGH DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II)  CORRUGATED
CARDBOARD  CONTAINERS  AND  PAPER  BOARD; (III) MIXED PAPER GENERATED BY
NON-RESIDENTIAL ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF  MORE
THAN  FOUR  DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE OR OTHER
MATERIALS FOR WHICH THE MUNICIPALITY DETERMINES  THAT  ECONOMIC  MARKETS
FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE
SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING.
  c.  Prior to [exercising the authority of this section to enact such a
local law or ordinance] MAKING A DETERMINATION UNDER  SUBPARAGRAPH  (IV)
OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public
hearing relating to its proposed provisions and shall give due consider-
ation  to  existing  source  separation,  recycling  and [other resource
recovery] SOLID WASTE DISPOSAL activities in the area, to  the  adequacy
of  markets  for  separated  materials, and to any additional effort and
expense to be incurred by residents in meeting the  proposed  separation
requirements.  The  authority provided in this section shall be in addi-
tion to and without limitation upon  the  authority  vested  in  munici-
palities under any other statute.
  S  3.  Severability.    If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the  remainder  thereof,  but  shall be confined in its operation to the

S. 719--B                           3

clause, sentence, paragraph, section or part thereof  directly  involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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