S T A T E O F N E W Y O R K
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3635
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
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Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to coor-
dinating the transfer of municipal solid waste at the Elm Freight
Handlers Facility
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The Legislature finds
that, based on the information provided by Omni Recycling of Babylon,
New York, and the inspection of the permitted solid waste facilities
(which export baled solid waste in region one) by the department of
environmental conservation's division of materials management staff,
there is currently an immediate threat to human health due to the accu-
mulation of municipal solid waste at several Suffolk county facilities,
constituting an emergency.
The Legislature hereby authorizes the transfer of wrapped and/or
bagged bales of municipal solid waste that are initially loaded onto
flatbed tractor trailers at the facilities noted in this section, at the
rail track located in Suffolk and Nassau counties, and the city of New
York. The bales shall be lifted from the flatbed trailers and placed
into railroad cars that shall be fully enclosed after loading. The load-
ed and/or enclosed railroad cars shall then be transported to lawfully
operating rail serviced landfills. This section allows the temporary
transfer of bagged bales of municipal solid waste from flatbed trailers
to gondola railcars equipped with hard lid covers, at waste transfer
facilities in Suffolk and Nassau counties and the city of New York.
S 2. The environmental conservation law is amended by adding a new
section 27-0309 to read as follows:
S 27-0309. COORDINATING THE TRANSFER OF WRAPPED AND/OR BAGGED BALES OF
SOLID MUNICIPAL WASTE.
1. DEFINITIONS. AS USED IN THIS SECTION:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06333-02-5
A. 3635 2
A. "PERMITTEE" AND/OR "APPLICANT" MEANS WASTE VENDORS OPERATING WITHIN
THE CITY OF NEW YORK, SUFFOLK AND NASSAU COUNTIES; AND
B. "PROJECT LOCATION" OR "SITE" MEANS WASTE TRANSFER STATIONS OPERAT-
ING WITHIN THE CITY OF NEW YORK, SUFFOLK AND NASSAU COUNTIES.
2. SOLID MUNICIPAL WASTE TRANSFER. (A) IN NASSAU AND SUFFOLK COUNTIES,
BAGGED BALES OF SOLID MUNICIPAL WASTE MAY BE RECEIVED FROM THE DEPART-
MENT'S PERMITTED FACILITIES. ALL SOLID WASTE PASSING THROUGH SUCH
PROJECT LOCATION SHALL ULTIMATELY BE RECYCLED OR BE DISPOSED OF AT A
SOLID WASTE MANAGEMENT FACILITY AUTHORIZED BY THE DEPARTMENT IN NEW
YORK, OR AUTHORIZED BY APPROPRIATE GOVERNMENTAL AGENCY OR AGENCIES IF IN
OTHER STATES, TERRITORIES, OR NATIONS. THE ULTIMATE DISPOSAL FACILITY
SHALL BE ABLE TO RECEIVE WASTE BY RAIL. TRUCKS DELIVERING WASTE TO THE
FACILITY SHALL FOLLOW DESIGNATED TRUCK ROUTES. TRUCKS DELIVERING THE
WASTE SHALL TURN AROUND ON THE SITE. NO WASTE SHALL BE STORED ON SITE,
UNLESS CONTAINED INSIDE RAILCARS. ALL WASTE SHALL BE TRANSFERRED DIRECT-
LY FROM FLATBED TRAILERS TO RAILCARS. ALL BAGS THAT CONTAIN THE BALES
SHALL BE HANDLED IN A MANNER THAT MAINTAINS THEIR INTEGRITY. NO
UNBAGGED BALES, DAMAGED BALES, OR LOOSE MUNICIPAL SOLID WASTE SHALL BE
ACCEPTED AT THIS LOCATION.
(B) ALL WASTE SHALL BE PLACED IN RAILCARS THAT ARE EQUIPPED WITH HARD
LIDS. THE LIDS SHALL BE CONSTRUCTED OF SOLID STEEL WITH A LOCKING MECH-
ANISM TO GUARANTEE A WATERTIGHT SEAL AND TO PREVENT REMOVAL OF SUCH LID
DURING TRANSIT. UPON COMPLETION OF LOADING THE RAILCAR, THE LID SHALL BE
IMMEDIATELY PLACED ON THE RAILCAR. ANY PARTIALLY FULL RAILCARS THAT
SHALL BE STORED OVERNIGHT SHALL HAVE THE LID PLACED ON IT. A ROLL-OFF
CONTAINER SHALL BE MAINTAINED ONSITE TO COLLECT ANY BROKEN BALES THAT
CANNOT BE TRANSPORTED AND FOR DAILY SITE CLEANUP. THE ROLL-OFF SHALL BE
EMPTIED NO LESS THAN ONCE EVERY SEVEN DAYS. THE ROLL-OFF SHALL BE
EMPTIED SOONER IF IT CAUSES ODORS AND/OR VECTORS, OR BECOMES FULL. THIS
ROLL-OFF CONTAINER SHALL BE COVERED AT ALL TIMES.
(C) IN NO CIRCUMSTANCES MAY WASTE TRANSFER STATIONS OPERATING WITHIN
THE CITY OF NEW YORK, SUFFOLK AND NASSAU COUNTIES EXCEED FIVE HUNDRED
FIFTY TONS PER DAY.
(D) BAGGED BALES SHALL BE SPRAYED WITH ODOR NEUTRALIZING AGENTS AT THE
GENERATING SITE PRIOR TO SHIPMENT TO WASTE TRANSFER STATIONS OPERATING
WITHIN THE CITY OF NEW YORK, SUFFOLK AND NASSAU COUNTIES. IF NEEDED,
PORTABLE MISTERS SHALL BE AVAILABLE AT THE SITE TO SPRAY ODOR NEUTRALIZ-
ER.
(E) THE SITE SHALL HAVE AN ATTENDANT ON DUTY WHENEVER THE FACILITY IS
IN OPERATION. HOURS OF OPERATION ARE LIMITED TO SIX A.M. TO SIX P.M.,
MONDAY THROUGH FRIDAY. THE SITE SHALL BE SECURED DURING NON-OPERATIONAL
HOURS. THE SITE SHALL BE MONITORED BY THE PERMITTEE AND/OR APPLICANT FOR
WIND-BLOWN DEBRIS AND CLEANED UP DAILY. THE PERMITTEE AND/OR APPLICANT
SHALL ENSURE THAT ODOR, DUST, NOISE, VECTORS, AND OTHER POTENTIAL
NUISANCES ARE CONTROLLED. FIRE PROTECTION AND DETECTION EQUIPMENT SHALL
BE MAINTAINED IN ACCORDANCE WITH LOCAL LAWS AND ORDINANCES.
(F) RECORDS SHALL BE MAINTAINED FOR ALL MATERIALS RECEIVED. SUCH
RECORDS SHALL INCLUDE THE RELEVANT DATE, QUANTITY, AND GENERATING FACIL-
ITY. RECORDS SHALL ALSO BE KEPT FOR ALL OUTBOUND SHIPMENTS. SUCH
RECORDS SHALL INCLUDE THE RELEVANT DATE, QUANTITY, AND FINAL DESTINA-
TION. WITHIN THIRTY DAYS AFTER THE CESSATION OF RECEIPT OF WASTE, THESE
RECORDS SHALL BE SUBMITTED TO THE DEPARTMENT IN AN ELECTRONIC FORMAT.
THE RECORDS SHALL BE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
(G) IN THE EVENT THAT THE SITE IS CLOSED, CLOSURE OF THE SITE SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, LOT SWEEPING, LITTER CLEANUP,
DISMANTLING OF ANY RAMPS, AND REMOVAL OF ANY RECYCLED CONCRETE AGGREGATE
A. 3635 3
USED FOR RAMP CONSTRUCTION. THE DEPARTMENT'S REGION ONE OFFICE SHALL BE
NOTIFIED OF THE SCHEDULE FOR CLOSURE. IF NECESSARY, THE SITE SHALL BE
SEEDED TO RE-ESTABLISH VEGETATION.
(H) THE PERMITTEE SHALL FUND ENVIRONMENTAL MONITORING SERVICES TO BE
PERFORMED BY OR ON BEHALF OF THE DEPARTMENT. THE FUNDING OF THE ENVIRON-
MENTAL MONITOR OR MONITORS SHALL BE FROM THE RESPECTIVE FACILITY OR
FACILITIES OPERATING AND/OR DELIVERING WASTE TO WASTE TRANSFER STATIONS
OPERATING WITHIN THE CITY OF NEW YORK, SUFFOLK AND NASSAU COUNTIES. WORK
RELATED TO THIS SITE SHALL COUNT TOWARD THE RESPECTIVE WORK PLAN OR WORK
PLANS OF THE INVOLVED FACILITY OR FACILITIES. THE PERMITTEE SHALL ALSO
BE OBLIGATED TO PROVIDE ADDITIONAL FUNDING FOR THE ENVIRONMENTAL MONITOR
OR MONITORS AT PARTICIPATING RAIL YARDS. THE PERMITTEE AND/OR APPLICANT
IS RESPONSIBLE FOR OBTAINING ALL OTHER PERMITS AND APPROVALS THAT MAY BE
REQUIRED. THE PERMITTEE AND/OR APPLICANT IS RESPONSIBLE FOR COMPLYING
WITH ALL OTHER APPLICABLE STATE AND FEDERAL LAWS, RULES, REGULATIONS,
AND ALL OTHER APPLICABLE LOCAL ORDINANCES, INCLUDING, BUT NOT LIMITED
TO, ZONING ORDINANCES, BUILDING CODES, AND FIRE MARSHAL CODES.
(I) IN THE EVENT OF A STRIKE BY LONG ISLAND RAILROAD EMPLOYEES, WHICH
PREVENTS RAILCARS FROM BEING DELIVERED OR REMOVED, THE DELIVERY OF
BAGGED BALES OF MUNICIPAL SOLID WASTE SHALL CEASE, ALL UNLOADED BALES
SHALL BE REMOVED FROM THE SITE, AND ALL LOADED RAILCARS SHALL BE PROPER-
LY LIDDED. THE PROVISIONS OF THIS SECTION MAY APPLY PAST THE EXPIRATION
DATE, AT THE DEPARTMENT'S DISCRETION, TO ACCOMMODATE THE NUMBER OF DAYS
THAT SUCH STRIKE MAY PREVAIL.
(J) THE DEPARTMENT SHALL ESTABLISH AN EXPIRATION DATE FOR THE WORK
PERFORMED BY THE PERMITTEE PURSUANT TO THE PROVISIONS OF THIS SECTION.
THE NATURE OF THIS WORK IS DEEMED TEMPORARY BY THE DEPARTMENT AND SHALL
NOT CONTINUE PAST THE EXPIRATION DATE, AS DETERMINED BY THE DEPARTMENT.
(K) THE DEPARTMENT MAY RESCIND APPROVAL OF OPERATIONS AS PROVIDED IN
THIS SECTION AT ANY TIME FOR FAILURE TO COMPLY WITH ANY OF THE REQUIRE-
MENTS SET FORTH IN THIS SECTION, OR IF THE AUTHORIZED ACTIVITY CAUSES AN
UNACCEPTABLE IMPACT TO PUBLIC HEALTH OR THE ENVIRONMENT.
3. PENALTIES AND VIOLATIONS. (A) ALL ACTIVITIES AUTHORIZED BY THIS
SECTION SHALL BE IN STRICT CONFORMANCE WITH THE PROVISIONS OF THIS
SECTION AND THE INFORMATION SUBMITTED BY THE APPLICANT AND/OR ITS AGENT
AS PART OF THE APPLICATION SUBMITTED TO THE DEPARTMENT. IN THE EVENT
THAT THIS INFORMATION CONFLICTS WITH THIS SECTION AND/OR THE AFOREMEN-
TIONED AUTHORIZATION, THE REQUIREMENTS OF THE AUTHORIZATION SHALL
PREVAIL.
(B) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE
ORDERED TO PERFORM ANY NECESSARY RESTORATION OR MITIGATIONS OF ENVIRON-
MENTAL DAMAGE RESULTING FROM THAT ACTION. FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SECTION SHALL BE CONSIDERED A VIOLATION OF THE
PROVISIONS OF THIS ARTICLE, AND OF TITLE SIX OF THE NEW YORK CITY RULES
AND REGULATIONS PART THREE HUNDRED SIXTY, AND SOLID WASTE MANAGEMENT
FACILITIES.
S 3. This act shall take effect immediately.