LBD05346-01-7
A. 3564 2
FOR PURPOSES OF THIS TITLE, THE TERMS "EFFLUENT LIMITATION" AND "POINT
SOURCE" HAVE THE SAME MEANINGS AS ARE DEFINED IN SECTION 17-0105 OF THIS
CHAPTER AND THE TERM "HOUSEHOLD" MEANS PRIVATE DWELLINGS AND MULTIPLE
DWELLINGS AS DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING LAW.
§ 15-3505. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; REGULATION OF MERCU-
RY.
1. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, EACH
PUBLICLY OWNED SEWAGE TREATMENT WORKS SHALL:
(A) MEASURE THE LEVELS OF MERCURY IN EFFLUENT FROM PUBLICLY OWNED
TREATMENT WORKS USING THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY'S TEST METHOD;
(B) DEVELOP AND IMPLEMENT A MONITORING PROGRAM TO IDENTIFY PUBLICLY
OWNED TREATMENT WORKS USERS THAT DISCHARGE WASTEWATER CONTAINING MERCU-
RY; AND
(C) PROVIDE INFORMATION ON MERCURY DISCHARGES AND THE SOURCES OF
MERCURY DISCHARGES TO THE PUBLIC THROUGH INSERTS IN CUSTOMER BILLING
STATEMENTS.
2. (A) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE
DEPARTMENT AND EACH PUBLICLY OWNED TREATMENT WORKS SHALL USE RESULTS
FROM THE MEASUREMENTS PERFORMED AND THE MONITORING PROGRAM IMPLEMENTED
UNDER SUBDIVISION ONE OF THIS SECTION TO DEVELOP AND IMPLEMENT A VOLUN-
TARY POLLUTION PREVENTION PROGRAM.
(B) THE PURPOSE OF THE VOLUNTARY POLLUTION PREVENTION PROGRAM IS TO
MINIMIZE THE LEVELS OF MERCURY IN THE DISCHARGE OF PUBLICLY OWNED TREAT-
MENT WORKS USERS TO REFLECT THE RELATIVE CONTRIBUTION OF DIFFERENT
SOURCES OF MERCURY TO THE MERCURY LEVELS IN THE PUBLICLY OWNED TREATMENT
WORKS EFFLUENT.
3. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, THE
DEPARTMENT SHALL DEVELOP:
(A) AN ACCEPTABLE LIMIT ON THE CONCENTRATION OF MERCURY IN SEWAGE
SLUDGE AND INCINERATOR ASH;
(B) EFFLUENT LIMITATION ON THE DISCHARGE OF MERCURY FROM PUBLICLY
OWNED TREATMENT WORKS THAT ARE NO GREATER THAN THE LIMITS OF DETECTION
OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TEST METHOD; AND
(C) PRETREATMENT STANDARDS THAT REFLECT THE BEST AVAILABLE TREATMENT
TECHNOLOGY FOR EACH CATEGORY OF SOURCES OF MERCURY THAT HAVE BEEN DETER-
MINED TO CONTRIBUTE TO THE DISCHARGE OF WASTEWATER CONTAINING MERCURY TO
PUBLICLY OWNED TREATMENT WORKS.
§ 15-3507. PUBLICLY OWNED SEWAGE TREATMENT PLANTS; CONTROL OF MERCURY.
1. THE DEPARTMENT SHALL ESTABLISH:
(A) AN ACCEPTABLE LIMIT ON THE CONCENTRATION OF MERCURY IN SEWAGE
SLUDGE AND INCINERATOR ASH;
(B) EFFLUENT LIMITATION ON THE DISCHARGE OF MERCURY FROM PUBLICLY
OWNED TREATMENT WORKS THAT ARE NO GREATER THAN THE LIMITS OF DETECTION
OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S TEST METHOD; AND
(C) PRETREATMENT STANDARDS THAT REFLECT THE BEST AVAILABLE TREATMENT
TECHNOLOGY FOR EACH CATEGORY OF SOURCES OF MERCURY THAT HAVE BEEN DETER-
MINED TO CONTRIBUTE TO THE DISCHARGE OF WASTEWATER CONTAINING MERCURY TO
PUBLICLY OWNED TREATMENT WORKS.
2. A PERSON SHALL NOT:
(A) DISCHARGE MERCURY THROUGH A PUBLICLY OWNED TREATMENT WORKS INTO A
BODY OF WATER IN EXCESS OF THE EFFLUENT STANDARDS ESTABLISHED UNDER
SUBDIVISION 1 OF THIS SECTION;
(B) ACCEPT FOR DISPOSAL IN A LANDFILL SLUDGE THAT CONTAINS MERCURY IN
EXCESS OF THE STANDARDS UNDER SUBDIVISION 1 OF THIS SECTION;
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(C) DISCHARGE MERCURY INTO A WASTEWATER TREATMENT PLANT IN EXCESS OF
THE PRETREATMENT REQUIREMENTS ESTABLISHED UNDER SUBDIVISION 1 OF THIS
SECTION; OR
(D) APPLY TO LAND ANY SEWAGE SLUDGE OR INCINERATOR ASH THAT CONTAINS
MERCURY IN EXCESS OF THE CONCENTRATION LIMITS ESTABLISHED UNDER SUBDIVI-
SION 1 OF THIS SECTION.
§ 15-3509. POINT SOURCE RELEASE; MERCURY CONTAINMENT TRAP REQUIREMENT.
1. ANY FACILITY THAT HAS THE POTENTIAL FOR RELEASE OF ELEMENTAL MERCU-
RY OR A MERCURY CONTAINING SUBSTANCE INTO PLUMBING SYSTEMS DURING ITS
NORMAL DAILY OPERATIONS, INCLUDING BUT NOT LIMITED TO DENTAL OFFICES,
DENTAL TRAINING OR VOCATIONAL SCHOOLS, DENTAL HOSPITALS, MERCURY RECYCL-
ING CENTERS, LABORATORIES, AND ANY OTHER ENTITY THE DEPARTMENT DETER-
MINES SHALL BE CONSIDERED A POINT SOURCE PURSUANT TO ARTICLE 17 OF THIS
CHAPTER, UNLESS SUCH FACILITY SHALL PLACE INTO SERVICE A MERCURY
CONTAINMENT TRAP AS CERTIFIED BY THE DEPARTMENT.
2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER INSTAL-
LATION, MAINTENANCE, USE, AND CERTIFICATION OF SUCH MERCURY CONTAINMENT
TRAPS.
§ 15-3511. EXEMPTION.
THE PROVISIONS OF SUBDIVISION 2 OF SECTION 15-3507 OF THIS TITLE SHALL
NOT APPLY TO HOUSEHOLDS UNTIL TWO YEARS AFTER THIS TITLE TAKES EFFECT.
§ 4. Article 27 of the environmental conservation law is amended by
adding a new title 22 to read as follows:
TITLE 22
COMPREHENSIVE MANAGEMENT
OF WASTE MERCURY
SECTION 27-2201. SHORT TITLE.
27-2203. DEFINITIONS.
27-2205. DISCLOSURE OF MERCURY CONTENT.
27-2207. MERCURY-ADDED PRODUCT PHASE-OUT.
27-2209. MERCURY DISPOSAL PROHIBITION.
27-2211. LABELING OF PRODUCTS CONTAINING MERCURY.
27-2213. SOURCE SEPARATION.
27-2215. COLLECTION.
27-2217. ELEMENTAL MERCURY.
27-2219. REMOVAL FROM SERVICE; MERCURY-ADDED PRODUCTS.
27-2221. BAN ON TOYS, GAMES, COSMETICS, AND APPAREL.
27-2223. BAN ON DISTRIBUTION AND SALE OF MERCURY THERMOMETERS.
27-2225. REPLACEMENT OF MERCURY-ADDED MANOMETERS AND GAS-PRES-
SURE REGULATORS.
27-2227. DENTAL OFFICE REQUIREMENTS.
27-2229. NOTIFICATION.
27-2231. INFORMED CONSENT; DENTAL PROCEDURES.
27-2233. BAN ON HEALTH INSURANCE DISCRIMINATION.
27-2235. LAMP RECYCLING FACILITY REQUIREMENTS.
27-2237. ADDITION OF ALL MERCURY-ADDED PRODUCTS TO STATE
UNIVERSAL WASTES RULES.
27-2239. STATE ADVISORY COMMITTEE ON MERCURY POLLUTION.
27-2241. EXEMPTION.
§ 27-2201. SHORT TITLE.
THIS TITLE SHALL BE KNOWN AS THE "COMPREHENSIVE MANAGEMENT OF WASTE
MERCURY ACT".
§ 27-2203. DEFINITIONS.
AS USED IN THIS TITLE:
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1. "LAMP RECYCLING FACILITY" MEANS A FACILITY OPERATED TO REMOVE,
RECOVER, AND RECYCLE FOR REUSE MERCURY OR OTHER HAZARDOUS MATERIALS FROM
FLUORESCENT OR HIGH INTENSITY DISCHARGE LAMPS.
2. "MERCURY-ADDED PRODUCT" MEANS EQUIPMENT OR A PRODUCT, DEVICE, OR
INSTRUMENT INTO WHICH ELEMENTAL MERCURY OR MERCURY COMPOUNDS ARE INTEN-
TIONALLY ADDED DURING ITS FORMULATION OR MANUFACTURE AND IN WHICH THE
CONTINUED PRESENCE OF MERCURY IS DESIRED TO PROVIDE A SPECIFIC CHARAC-
TERISTIC OR TO PERFORM A SPECIFIC FUNCTION, INCLUDING BUT NOT LIMITED
TO: BATTERIES; LAMPS; THERMOSTATS; THERMOMETERS; ELECTRIC SWITCHES;
DENTAL AMALGAMS; APPLIANCES; GAUGES; MEDICAL OR SCIENTIFIC INSTRUMENTS
OR DEVICES; ELECTRIC OR DISPLACEMENT RELAYS; GAS PRESSURE REGULATORS;
TESTING EQUIPMENT; MANOMETERS; AND ANY OTHER ELECTRICAL DEVICE FROM
WHICH THE ADDED MERCURY HAS NOT BEEN REMOVED.
3. "PERSON" SHALL MEAN ANY ENTITY, INCLUDING BUT NOT LIMITED TO
NATURAL PERSONS, CORPORATIONS, FIRMS, LIMITED LIABILITY COMPANIES, PART-
NERSHIPS, STATE AGENCIES, STATE AUTHORITIES, AND FEDERAL AGENCIES.
4. "HOUSEHOLD" MEANS PRIVATE DWELLINGS AND MULTIPLE DWELLINGS AS
DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING LAW.
§ 27-2205. DISCLOSURE OF MERCURY CONTENT.
A MANUFACTURER OR WHOLESALER SHALL NOT SELL A MERCURY-ADDED PRODUCT AT
RETAIL IN THIS STATE, TO A RETAILER IN THIS STATE, OR FOR USE IN THIS
STATE WITHOUT PRIOR THERETO NOTIFYING THE COMMISSIONER IN WRITING OF THE
AMOUNT OF MERCURY IN EACH RETAIL-SIZED UNIT OF THE PRODUCT, THE TOTAL
AMOUNT OF MERCURY IN EACH TYPE OF PRODUCT SOLD AT RETAIL IN THE STATE
EACH YEAR BY THE MANUFACTURER OR WHOLESALER, AND THE ESSENTIAL-USE
PURPOSE THAT THE MERCURY IN THE PRODUCT SERVES.
§ 27-2207. MERCURY-ADDED PRODUCT PHASE-OUT.
1. A MANUFACTURER, DIRECTLY OR THROUGH AN AGENT, SHALL NOT SELL A
MERCURY-ADDED PRODUCT AT RETAIL OR WHOLESALE IN THIS STATE, TO A RETAIL-
ER OR WHOLESALER IN THIS STATE, OR FOR USE IN THIS STATE AFTER JANUARY
FIRST, TWO THOUSAND NINETEEN UNLESS THE MANUFACTURER HAS RECEIVED A
"PHASE-OUT EXEMPTION" PERMIT FROM THE COMMISSIONER.
2. UPON MAKING A DETERMINATION THAT AN APPLICATION FOR A PHASE-OUT
EXEMPTION IS COMPLETE, THE COMMISSIONER SHALL PROVIDE A SIXTY DAY PUBLIC
COMMENT PERIOD ON ALL APPLICATIONS FOR EXEMPTIONS AND SHALL HOLD A
PUBLIC INFORMATIONAL MEETING, IF SUCH A MEETING IS REQUESTED. THE
COMMISSIONER SHALL FULLY CONSIDER ALL WRITTEN AND ORAL SUBMISSIONS
CONCERNING PROPOSED EXEMPTIONS PRIOR TO TAKING FINAL ACTION ON A PHASE-
OUT EXEMPTION REQUEST.
3. THE COMMISSIONER SHALL ONLY GRANT A PHASE-OUT EXEMPTION UPON DETER-
MINATION OF ALL OF THE FOLLOWING:
THE MERCURY-ADDED PRODUCT IS AN ESSENTIAL USE THAT IS USED WHERE NO
ALTERNATIVE NON-MERCURY-ADDED PRODUCTS ARE AVAILABLE THAT:
(A) PERFORM THE SAME FUNCTION;
(B) ARE COMMERCIALLY AVAILABLE;
(C) ARE ECONOMICALLY PRACTICAL; AND
(D) ARE MORE ENVIRONMENTALLY SAFE.
§ 27-2209. MERCURY DISPOSAL PROHIBITION.
MERCURY-ADDED PRODUCTS SHALL NOT BE PLACED IN ANY OF THE FOLLOWING:
1. SOLID WASTE.
2. MEDICAL, INFECTIOUS, OR LABORATORY WASTE.
3. WASTEWATER.
4. RADIOACTIVE WASTE.
5. SCRAP METAL PROCESSING OR RECYCLING STREAMS.
§ 27-2211. LABELING OF PRODUCTS CONTAINING MERCURY.
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A MANUFACTURER OR WHOLESALER SHALL NOT SELL AT RETAIL OR WHOLESALE IN
THIS STATE, TO A RETAILER OR WHOLESALER IN THIS STATE, OR FOR USE IN
THIS STATE, AND A RETAILER OR WHOLESALER SHALL NOT KNOWINGLY SELL IN
THIS STATE, A MERCURY-ADDED PRODUCT, UNLESS SUCH PRODUCT IS LABELED IN A
MANNER TO CLEARLY INFORM A PURCHASER OR CONSUMER OF SUCH PRODUCT THAT
MERCURY IS PRESENT IN THE PRODUCT AND THAT THE PRODUCT MAY NOT BE
DISPOSED OF IN VIOLATION OF THE PROHIBITIONS ESTABLISHED UNDER SECTION
27-2209 OF THIS TITLE.
§ 27-2213. SOURCE SEPARATION.
EVERY PERSON WHO DISCARDS SOLID WASTE, MEDICAL WASTE, INFECTIOUS
WASTE, LABORATORY WASTE, RADIOACTIVE WASTE, OR WASTEWATER WITHIN THE
STATE OR WHO PLACES SCRAP METAL IN A REPROCESSING OR RECYCLING STREAM
WITHIN THE STATE SHALL ENSURE THAT THE WASTE OR SCRAP METAL DOES NOT
CONTAIN MERCURY ABOVE NATURALLY OCCURRING BACKGROUND LEVELS. ANY PERSON
WHO REPLACES, REMOVES, OR TRANSPORTS MERCURY-ADDED PRODUCTS IS RESPONSI-
BLE FOR THE PROPER MANAGEMENT OF ANY DISCARDED MERCURY-ADDED PRODUCT.
§ 27-2215. COLLECTION.
THE MANUFACTURER OF A MERCURY-ADDED PRODUCT SHALL:
1. PROVIDE A SYSTEM FOR THE COLLECTION OF SUCH PRODUCT FROM USERS IN
THIS STATE.
2. CLEARLY INFORM EACH PURCHASER OF A MERCURY-ADDED PRODUCT OF ALL OF
THE FOLLOWING:
(A) DETAILS CONCERNING THE AVAILABLE SYSTEM FOR PROPER COLLECTION OF
THE PRODUCT.
(B) THAT STATE LAW PROHIBITS CHARGING A FEE FOR COLLECTION OF THE
PRODUCT.
(C) THAT DISPOSAL OF THE PRODUCT IS PROHIBITED IN SOLID WASTE, MEDICAL
WASTE, INFECTIOUS WASTE, LABORATORY WASTE, RADIOACTIVE WASTE, OR WASTE-
WATER, AS IS PLACEMENT OF THE PRODUCT IN A SCRAP METAL REPROCESSING OR
RECYCLING STREAM.
3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
SECTION.
§ 27-2217. ELEMENTAL MERCURY.
1. SALE. A PERSON SHALL NOT SELL MERCURY TO ANOTHER PERSON IN THIS
STATE WITHOUT PROVIDING A MATERIAL SAFETY DATA SHEET, AS DEFINED IN 42
U.S.C. 11049.
2. USE. A PERSON WHO USES ELEMENTAL MERCURY IN ANY APPLICATION SHALL
NOT PLACE, OR DELIVER THE MERCURY TO ANOTHER PERSON WHO PLACES, RESI-
DUES, PARTICLES, SCRAPINGS, OR OTHER MATERIALS THAT CONTAIN MERCURY IN
SOLID WASTE, MEDICAL WASTE, INFECTIOUS WASTE, LABORATORY WASTE, RADIOAC-
TIVE WASTE, WASTEWATER, OR HAZARDOUS WASTE, EXCEPT FOR TRACES OF MATERI-
ALS THAT MAY INADVERTENTLY PASS THROUGH A FILTRATION SYSTEM DURING A
DENTAL PROCEDURE.
3. THE DEPARTMENT SHALL ADOPT REGULATIONS IN RELATION TO ALLOWED TRACE
POINT SOURCE RELEASES OF ELEMENTAL MERCURY AND MERCURY CONTAINING
SUBSTANCES.
§ 27-2219. REMOVAL FROM SERVICE; MERCURY-ADDED PRODUCTS.
1. WHEN A MERCURY-ADDED PRODUCT IS REMOVED FROM SERVICE, THE MERCURY
IN THE ITEM SHALL BE SOURCE-SEPARATED FOR STABILIZATION FOR RETIREMENT
OR OTHERWISE MANAGED TO PREVENT ITS RELEASE INTO THE ENVIRONMENT. THE
COMMISSIONER SHALL, BY REGULATION, PROVIDE FOR THE USE OF MERCURY, AND
PERMIT MERCURY THAT HAS BEEN SOURCE SEPARATED TO BE RECYCLED FOR
PURPOSES OF REUSE, IN PRODUCTS THAT HAVE RECEIVED A PHASE-OUT EXEMPTION
PERMIT FROM THE COMMISSIONER PURSUANT TO SECTION 27-2207 OF THIS TITLE.
2. A PERSON WHO IS IN THE BUSINESS OF REPLACING OR REPAIRING A MERCU-
RY-ADDED PRODUCT IN HOUSEHOLDS SHALL DELIVER, OR CAUSE TO BE DELIVERED,
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ANY ITEM IN NEED OF REPLACEMENT TO A MANUFACTURER'S COLLECTION SYSTEM
PURSUANT TO SECTION 27-2215 OF THIS TITLE.
3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
FROM SERVICE AND SOURCE-SEPARATION OF MERCURY-ADDED PRODUCTS, INCLUDING,
BUT NOT LIMITED TO, AUTOMOBILES, BUILDINGS, HOME OR COMMERCIAL APPLI-
ANCES, AND FLUORESCENT LAMPS.
§ 27-2221. BAN ON TOYS, GAMES, COSMETICS, AND APPAREL.
A MANUFACTURER OR WHOLESALER SHALL NOT SELL AT RETAIL IN THIS STATE,
TO A RETAILER IN THIS STATE, OR FOR USE IN THIS STATE, AND A RETAILER
SHALL NOT SELL IN THIS STATE, A MERCURY-ADDED TOY OR GAME, OR MERCURY-
ADDED COSMETICS, OR ANY ITEM OF CLOTHING OR WEARING APPAREL THAT
CONTAINS A MERCURY-ADDED ELECTRIC SWITCH.
§ 27-2223. BAN ON DISTRIBUTION AND SALE OF MERCURY THERMOMETERS.
NO PERSON SHALL DISTRIBUTE FREE OF CHARGE OR SELL A MERCURY-ADDED
FEVER THERMOMETER. SUCH THERMOMETERS SHALL BE PROHIBITED FROM BEING SOLD
AT RETAIL AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN.
§ 27-2225. REPLACEMENT OF MERCURY-ADDED MANOMETERS AND GAS-PRESSURE
REGULATORS.
1. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL DEVELOP A PROGRAM
TO REPLACE MERCURY-ADDED MANOMETERS USED FOR DAIRY PURPOSES WITH NON-
MERCURY MANOMETERS FOR SUCH PURPOSES. THE MERCURY, MANOMETERS, AND
APPARATUS SHALL BE MANAGED IN ACCORDANCE WITH THIS TITLE.
2. (A) NO PERSON, PUBLIC OR PRIVATE UTILITY, OR CONTRACTOR SHALL USE
MERCURY-ADDED GAS-PRESSURE REGULATORS TO MONITOR, REGULATE, OR TEST
VAPORIZED GASSES, INCLUDING, BUT NOT LIMITED TO, THOSE DEVICES CONTAINED
WITHIN NATURAL GAS LINES.
(B) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
OF MERCURY-ADDED GAS-PRESSURE REGULATORS. SUCH REGULATIONS SHALL REQUIRE
THOSE ENTITIES ENGAGED IN THE USE OF MERCURY-ADDED GAS-PRESSURE REGULA-
TORS TO CONDUCT A TEST FOR THE PRESENCE OF MERCURY AFTER REMOVAL OF SUCH
MERCURY-ADDED GAS-PRESSURE REGULATORS WITHIN A TIME PERIOD SPECIFIED BY
THE DEPARTMENT.
(C) UPON THE IMPLEMENTATION OF THIS TITLE, PRIORITY SHALL BE ASSIGNED
TO REMOVAL OF THOSE MERCURY-ADDED GAS-PRESSURE REGULATORS LOCATED WITHIN
HOUSEHOLDS AND COMMERCIAL PREMISES.
(D) NOTIFICATION. ANY UTILITY USING MERCURY-ADDED GAS-PRESSURE REGULA-
TORS WITHIN HOUSEHOLDS OR COMMERCIAL PREMISES SHALL NOTIFY OWNERS OF
SUCH PROPERTIES OF THE EXISTENCE OF SUCH MERCURY-ADDED GAS-PRESSURE
REGULATORS AND SHALL NOTIFY OWNERS OF THE DANGERS POSED BY THE PRESENCE
OF MERCURY. THE DEPARTMENT SHALL PROMULGATE REGULATIONS PROVIDING FOR
NOTIFICATION REQUIREMENTS.
3. (A) NO PERSON, PUBLIC OR PRIVATE UTILITY, OR CONTRACTOR SHALL USE
MERCURY-ADDED TESTING EQUIPMENT. FOR THE PURPOSES OF THIS SECTION,
"MERCURY-ADDED TESTING EQUIPMENT" MEANS ANY DEVICE CONTAINING MERCURY
USED FOR PURPOSES OF TESTING PRESSURE, INCLUDING, BUT NOT LIMITED TO,
NATURAL GAS LINES. THIS INCLUDES HAND-HELD, PORTABLE, OR STATIONARY
TESTING EQUIPMENT CONTAINING MERCURY, INCLUDING, BUT NOT LIMITED TO,
MERCURY-ADDED MANOMETERS AND MERCURY-ADDED GAUGES.
(B) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PROPER REMOVAL
FROM SERVICE OF MERCURY-ADDED TESTING EQUIPMENT, INCLUDING TESTING FOR
PRESENCE OF MERCURY WITHIN DWELLINGS KNOWN OR POSSIBLY KNOWN TO HAVE
BEEN TESTED USING MERCURY-ADDED TESTING EQUIPMENT.
§ 27-2227. DENTAL OFFICE REQUIREMENTS.
EACH DENTAL OFFICE IS REQUIRED TO SUBMIT AN ANNUAL AMALGAM MERCURY
REPORT DESCRIBING QUANTITIES OF ALL SOURCES STORED AND RECYCLED: INCLUD-
ING CHAIR-SIDE TRAPS, CLEAN SCRAP, ELEMENTAL MERCURY, AMALGAM SLUDGE,
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AND MERCURY CONTAINMENT TRAPS. THE DEPARTMENT SHALL PROVIDE BY REGU-
LATION THEREFOR.
§ 27-2229. NOTIFICATION.
EVERY DENTIST SHALL DISPLAY, IN BOLDFACE PRINT, IN THE ENGLISH AND
SPANISH LANGUAGE, AND IN A CONSPICUOUS PLACE WITHIN SUCH DENTIST'S
OFFICE, A NOTICE STATING THE FOLLOWING:
"THIS OFFICE USES AMALGAM FILLING MATERIALS WHICH CONTAIN AND EXPOSE
YOU TO MERCURY, A CHEMICAL KNOWN TO THE STATE OF NEW YORK AS A TOXIN
LINKED TO NEUROLOGICAL AND DEVELOPMENTAL DEFECTS. ADDITIONALLY, SCIEN-
TIFIC STUDIES OF MERCURY-CONTAINING AMALGAM USE HAVE SHOWN THAT A
SIGNIFICANT HEALTH HAZARD EXISTS FOR PREGNANT WOMEN AND CHILDREN UNDER
THE AGE OF 15. SAFE ALTERNATIVES TO MERCURY-CONTAINING AMALGAMS EXIST.
PLEASE CONSULT YOUR DENTIST FOR MORE INFORMATION."
§ 27-2231. INFORMED CONSENT; DENTAL PROCEDURES.
NO DENTIST SHALL USE MERCURY OR MERCURY AMALGAM IN A DENTAL PROCEDURE
UNLESS, PRIOR TO THE USE, THE DENTIST CERTIFIES IN WRITING THAT THE
PATIENT GAVE INFORMED CONSENT THERETO FREELY AND WITHOUT COERCION. SUCH
INFORMED CONSENT SHALL BE PROVIDED IN WRITING AND REQUIRED FOR EACH
DENTAL OFFICE VISIT IN WHICH THE PROCEDURE INVOLVES THE USE OF MERCURY
AMALGAM AND SHALL CONTAIN THE FOLLOWING STATEMENT IN BOLDFACE PRINT:
"I CONSENT TO THE USE OF MERCURY CONTAINING AMALGAM IN THIS DENTAL
PROCEDURE. I HAVE BEEN INFORMED THAT THE AMALGAM TO BE USED IN THIS
PROCEDURE CONTAINS MERCURY, A CHEMICAL KNOWN TO THE STATE OF NEW YORK AS
A TOXIN LINKED TO NEUROLOGICAL AND DEVELOPMENTAL DEFECTS. ADDITIONALLY,
I HAVE BEEN INFORMED THAT SCIENTIFIC STUDIES OF AMALGAM CONTAINING
MERCURY HAVE SHOWN THAT A SIGNIFICANT HEALTH HAZARD EXISTS FOR PREGNANT
WOMEN AND CHILDREN UNDER THE AGE OF 15. I HAVE ALSO BEEN INFORMED THAT
SAFE ALTERNATIVES TO AMALGAM CONTAINING MERCURY EXIST."
§ 27-2233. BAN ON HEALTH INSURANCE DISCRIMINATION.
NO HEALTH INSURANCE POLICY OR CONTRACT SHALL IN ANY WAY DISCRIMINATE
AGAINST AMALGAMS THAT DO NOT CONTAIN ADDED MERCURY.
§ 27-2235. LAMP RECYCLING FACILITY REQUIREMENTS.
NO PERSON SHALL OPERATE A LAMP RECYCLING FACILITY WITHOUT OBTAINING A
PERMIT FOR THE FACILITY FROM THE COMMISSIONER, ISSUED BY THE COMMISSION-
ER NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
§ 27-2237. ADDITION OF ALL MERCURY-ADDED PRODUCTS TO STATE UNIVERSAL
WASTES RULES.
THE COMMISSIONER SHALL PROMULGATE THE UNIVERSAL WASTES RULES FOR
MERCURY-ADDED THERMOSTATS AND SHALL ADD ALL MERCURY-ADDED PRODUCTS TO
ITS UNIVERSAL WASTES RULES WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
TITLE.
§ 27-2239. STATE ADVISORY COMMITTEE ON MERCURY POLLUTION.
1. THERE IS CREATED AN ADVISORY COMMITTEE ON MERCURY POLLUTION, TO
CONSIST OF ONE APPOINTEE OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE
APPOINTEE OF THE SPEAKER OF THE ASSEMBLY, THE COMMISSIONER (OR HIS OR
HER DESIGNEE), THE COMMISSIONER OF HEALTH (OR HIS OR HER DESIGNEE), AND
THE FOLLOWING PERSONS APPOINTED BY THE GOVERNOR: ONE PUBLIC HEALTH
SPECIALIST, ONE TOXICOLOGIST, ONE REPRESENTATIVE OF A NATIVE AMERICAN
TRIBE OR GROUP, ONE SCIENTIST WHO IS KNOWLEDGEABLE ON MATTERS RELATED TO
MERCURY CONTAMINATION, ONE CHILDREN'S ADVOCATE, AND ONE CONSUMER ADVO-
CATE. THE ADVISORY COMMITTEE SHALL ADVISE THE LEGISLATURE AND THE EXECU-
TIVE BRANCH ON MATTERS RELATING TO THE PREVENTION AND CLEANUP OF MERCURY
POLLUTION AND THE REDUCTION IN HUMAN EXPOSURE TO MERCURY.
2. BY JANUARY FIFTEENTH OF EACH YEAR, BEGINNING IN TWO THOUSAND EIGH-
TEEN, THE ADVISORY COMMITTEE SHALL SUBMIT A REPORT TO THE LEGISLATURE
REGARDING:
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(A) THE EXTENT OF MERCURY CONTAMINATION IN THE SOIL, WATERS, AND AIR
OF THE STATE.
(B) THE EXTENT OF ANY HEALTH RISK FROM MERCURY CONTAMINATION IN THE
STATE, ESPECIALLY TO WOMEN OF CHILDBEARING YEARS, CHILDREN, NATIVE AMER-
ICANS, SPORTS FISHERS, AND SUBSISTENCE FISHERS; AND WAYS TO REDUCE HUMAN
EXPOSURE TO MERCURY.
(C) ALL METHODS AVAILABLE FOR MINIMIZING RISK OF FURTHER CONTAMINATION
OR INCREASED HEALTH RISK TO THE PUBLIC.
(D) COORDINATION NEEDED WITH OTHER STATES TO EFFECTIVELY ADDRESS
MERCURY ISSUES AND POLLUTION.
(E) WAYS TO ELIMINATE NONESSENTIAL USES OF MERCURY IN HEALTH CARE
INSTITUTIONS, GOVERNMENT BUILDINGS, AND CONSUMER AND BUSINESS USES.
(F) WAYS TO REDUCE THE WASTE DISPOSAL, WASTEWATER DISPOSAL, AND WASTE
INCINERATION OF MERCURY-ADDED PRODUCTS AND THE EXTENT TO WHICH SOLID
WASTE AND MEDICAL WASTE ARE INCINERATED OR AUTOCLAVED WITHIN THE STATE
OR SENT OUT OF STATE FOR SUCH PURPOSES.
§ 27-2241. EXEMPTION.
THE PROVISIONS OF SECTION 27-2213 OF THIS TITLE SHALL NOT APPLY TO
HOUSEHOLDS UNTIL TWO YEARS AFTER THIS TITLE TAKES EFFECT.
§ 5. The environmental conservation law is amended by adding a new
section 71-2730 to read as follows:
§ 71-2730. PENALTIES FOR VIOLATIONS OF TITLE 22 OF ARTICLE 27 AND TITLE
35 OF ARTICLE 15.
1. FOR A FIRST VIOLATION OF TITLE 22 OF ARTICLE 27 AND TITLE 35 OF
ARTICLE 15 OF THIS CHAPTER, IN LIEU OF A PENALTY, A VIOLATOR SHALL BE
ISSUED A WRITTEN WARNING BY THE DEPARTMENT AND SHALL ALSO BE ISSUED
EDUCATIONAL MATERIALS AT THE DISCRETION OF THE DEPARTMENT. SUCH PERSON
SHALL, HOWEVER, FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE
STATE FOR A CIVIL PENALTY NOT TO EXCEED SEVENTY-FIVE DOLLARS FOR EACH
VIOLATION, WHICH IN THE AGGREGATE SHALL NOT EXCEED:
A. TWO HUNDRED TWENTY-FIVE DOLLARS FOR HOUSEHOLDS, TO THE EXTENT THAT
THE VIOLATION INVOLVES ONLY THE IMPROPER PLACEMENT OF THE WASTE PRODUCED
BY THE PERSON OR PERSONS WITHIN SUCH DWELLING.
B. TEN THOUSAND DOLLARS FOR MANUFACTURERS OF MERCURY-ADDED PRODUCTS OR
DISTRIBUTORS OR PROVIDERS OF ELEMENTAL MERCURY.
C. FIVE THOUSAND DOLLARS FOR ALL OTHER VIOLATORS.
2. SUCH CIVIL PENALTY SHALL BE IN ADDITION TO ANY OTHER PENALTIES
AUTHORIZED UNDER OTHER FEDERAL, STATE, OR LOCAL LAWS GOVERNING THE ILLE-
GAL DISPOSAL, SALE, RESALE, OR DISTRIBUTION OF ELEMENTAL MERCURY OR
MERCURY-ADDED PRODUCTS. THE CRIMINAL PENALTIES SET FORTH IN SECTION
71-4001 OF THIS ARTICLE SHALL NOT APPLY TO VIOLATIONS OF TITLE 22 OF
ARTICLE 27 OR TITLE 35 OF ARTICLE 15 OF THIS CHAPTER.
3. PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMISSIONER
AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS ARTICLE, AND, IN ADDITION THERETO, ANY PERSON
FOUND TO HAVE VIOLATED THE PROVISIONS OF TITLE 22 OF ARTICLE 27 OR TITLE
35 OF ARTICLE 15 OF THIS CHAPTER MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION. FOR THE PURPOSES OF THIS SECTION, THE UNLAW-
FUL SALE, RESALE, DISTRIBUTION, OR DISPOSAL OF EACH ITEM CONTAINING
MERCURY SHALL CONSTITUTE A SEPARATE VIOLATION.
4. ALL CIVIL PENALTIES AND FINES COLLECTED FOR ANY VIOLATION OF TITLE
22 OF ARTICLE 27 OR TITLE 35 OF ARTICLE 15 OF THIS CHAPTER SHALL BE PAID
OVER TO THE COMMISSIONER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.
5. FOR PURPOSES OF THIS SECTION, "HOUSEHOLD" MEANS PRIVATE DWELLINGS
AND MULTIPLE DWELLINGS AS DEFINED IN SECTION 4 OF THE MULTIPLE DWELLING
LAW.
A. 3564 9
§ 6. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 49 to read as follows:
49. ESTABLISH A PROGRAM TO REPLACE MERCURY-ADDED MANOMETERS USED FOR
DAIRY PURPOSES WITH NON-MERCURY MANOMETERS FOR SUCH PURPOSES PURSUANT TO
SECTION 27-2225 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 7. The insurance law is amended by adding a new section 3242 to read
as follows:
§ 3242. DENTAL AMALGAM NONDISCRIMINATION. NO HEALTH INSURANCE POLICY,
CONTRACT, OR BENEFIT, WHETHER SUBJECT TO THIS ARTICLE OR ARTICLE FORTY-
THREE OR FORTY-FOUR OF THIS CHAPTER, SHALL DISCRIMINATE IN REGARD TO
DENTAL AMALGAMS IN VIOLATION OF SECTION 27-2233 OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 8. Subdivision 3 of section 92-s of the state finance law, as
amended by section 11 of part F of chapter 58 of the laws of 2013, is
amended to read as follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
[the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law,] all moneys required to
be deposited pursuant to article thirty-three of the environmental
conservation law, all fees collected pursuant to subdivision eight of
section 70-0117 of the environmental conservation law, [all moneys
collected pursuant to title thirty-three of article fifteen of the envi-
ronmental conservation law, beginning with the fiscal year commencing on
April first, two thousand thirteen, and all fiscal years thereafter,]
fifteen million dollars plus all funds received by the state each fiscal
year in excess of the amount received from April first, two thousand
twelve through March thirty-first, two thousand thirteen, from the
payments collected pursuant to subdivision four of section 27-1012 of
the environmental conservation law and all funds collected pursuant to
section 27-1015 of the environmental conservation law, provided such
funds shall not be less than four million dollars for the fiscal year
commencing April first, two thousand thirteen, and not less than eight
million dollars for all fiscal years thereafter and all other moneys
credited or transferred thereto from any other fund or source pursuant
to law. All such revenue shall be initially deposited into the environ-
mental protection fund, for application as provided in subdivision five
of this section.
A. 3564 10
§ 9. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately
the commissioner of environmental conservation is authorized to promul-
gate any and all rules and regulations and take any other measures
necessary to implement this act on its effective date on or before such
date.