S T A T E   O F   N E W   Y O R K
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                                 3754--A
                                                        Cal. No. 184

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced by M. of A. COLTON, ENGLEBRIGHT, SCHIMEL, LUPARDO, ROSENTHAL,
  LIFTON,  JACOBS, ABINANTI, KEARNS, WEPRIN, MOSLEY, FAHY -- Multi-Spon-
  sored by -- M. of A. CLARK, DINOWITZ, FARRELL,  GALEF,  ORTIZ,  PERRY,
  SWEENEY, WEINSTEIN -- read once and referred to the Committee on Envi-
  ronmental  Conservation  --  ordered  to  a third reading -- passed by
  Assembly and delivered to the Senate, recalled from the  Senate,  vote
  reconsidered,  bill amended, ordered reprinted, retaining its place on
  the order of third reading

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

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

                                                           LBD07794-02-3

A. 3754--A                          2

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.
  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

A. 3754--A                          3

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.