S T A T E O F N E W Y O R K
________________________________________________________________________
471
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
restrictions on the disposal of yard waste
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 27-0721 to read as follows:
S 27-0721. RESTRICTIONS ON THE DISPOSAL OF YARD WASTE.
1. ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND SEVENTEEN, NO PERSON
SHALL KNOWINGLY DELIVER YARD WASTE TO A LANDFILL FOR PURPOSES OF LAND
BURIAL, OR TO AN INCINERATOR FOR PURPOSES OF COMBUSTION, OR DISPOSE OF
YARD WASTE AT A LANDFILL OR INCINERATOR. FOR PURPOSES OF THIS SECTION,
"YARD WASTE" SHALL MEAN LEAVES, GRASS CLIPPINGS, GARDEN DEBRIS AND WOOD
DEBRIS INCLUDING TREE TRUNKS AND SMALL OR CHIPPED BRANCHES. UPON APPLI-
CATION, THE COMMISSIONER MAY, WHEN DEMONSTRATED TO HIS OR HER SATISFAC-
TION, GRANT A VARIANCE EXTENDING UNTIL SEPTEMBER FIRST, TWO THOUSAND
NINETEEN. GRANTING OF SUCH VARIANCE SHALL ONLY BE MADE IF BASED UPON A
DEMONSTRATION BY THE APPLICANT THAT A GOOD FAITH EFFORT IS BEING MADE TO
MEET THE REQUIREMENTS OF THIS SECTION AND UPON A SHOWING OF HARDSHIP DUE
TO REASONS BEYOND THE CONTROL OF THE APPLICANT.
2. EXCLUDED FROM THE PROVISIONS OF THIS SECTION ARE MINOR AMOUNTS OF
MATERIALS AS IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION, AS MAY BE
PRESENT IN THE SOLID WASTE COLLECTED.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN FURTHERANCE OF
THE PURPOSES OF THIS SECTION, ANY LOCAL LAW ADOPTED BY A MUNICIPALITY
PURSUANT TO SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW
SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
4. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR THE IMPLEMENTATION OF
THIS SECTION AND SHALL CONSIDER THE PURPOSES OF THIS SECTION WITH REGARD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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A. 471 2
TO ANY APPROVAL OR PERMIT REQUIRED FOR THE COLLECTION, TRANSPORTATION OR
DISPOSAL OF SOLID WASTE. SUCH REGULATIONS SHALL FURTHER PROVIDE FOR THE
CLEAR DELINEATION OF RESPECTIVE RESPONSIBILITIES OF OWNERS OR OPERATORS
OF SOLID WASTE FACILITIES, TRANSPORTERS AND PLANNING UNITS UNDER THIS
SECTION.
5. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
AUTHORITY OF A MUNICIPALITY TO ENACT LOCAL LAWS OR REGULATIONS, NOT
INCONSISTENT WITH THE RULES AND REGULATIONS OF THE DEPARTMENT, IMPOSING
MORE STRINGENT RESTRICTIONS ON THE DISPOSAL OF REUSABLE, RECYCLABLE OR
COMPOSTABLE MATERIALS.
S 2. Section 71-2703 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, THE SANCTIONS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION
SHALL NOT APPLY TO A VIOLATION OF SECTION 27-0721 OF THIS CHAPTER
COMMITTED BY AN INDIVIDUAL RESIDENTIAL GENERATOR OF YARD WASTE. AN INDI-
VIDUAL RESIDENTIAL GENERATOR OF YARD WASTE WHO KNOWINGLY VIOLATES SUCH
SECTION 27-0721, OR ANY REGULATION PROMULGATED PURSUANT THERETO, SHALL
BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
SUCH VIOLATION, TO BE ASSESSED BY THE COMMISSIONER AFTER AN OPPORTUNITY
TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS ARTI-
CLE, OR BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION
71-2727 OF THIS TITLE, AND, IN ADDITION THERETO, SUCH PERSON MAY BY
SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
S 3. This act shall take effect immediately.