NY State Senate Bill 2017-S6467

Senate Bill S6467

2017-2018 Legislative Session

Relates to penalties for violations related to solid waste transportation, facilities and disposal

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
May 23, 2017	referred to environmental conservation

2017-S6467 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §71-2703, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S3449

2017-S6467 (ACTIVE) - Summary

Relates to penalties for violations related to solid waste transportation, facilities and disposal.

2017-S6467 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6467

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
penalties for violations related to solid waste transportation,
facilities and disposal

 PURPOSE :

This bill would amend the penalties for violations of title 3 or 7 of
article 27 of Environmental Conservation Law related to solid waste
transportation, facilities and disposal.

 SUMMARY OF PROVISIONS :

Section one specifies that any person who violates provisions of title
3 or 7 of article 27 of Environmental Conservation Law and thereby
causes the release more than ten cubic yards of solid waste may be
enjoined from continuing such violations shall have any permit or
certificate revoked, suspended, or denied.

It also increases the criminal penalties for violations of provisions
within title 3 or 7.

And, it extends the civil penalties for violations of provisions in

title 3 or 7 with regard to the construction and operation of
facilities for construction and demolition debris to those provisions
with regard to the transportation of construction and demolition
debris.

Section two establishes the effective date.

 JUSTIFICATION :

Recent actions by the Department of Environmental Conservation in
collaboration with local and state police have resulted in the
discovery of nine illegal waste and debris sites in the Hudson Valley
as well numerous violations related to the illegal transport of waste
and debris on Long Island.

The illegal transport and disposal of waste impacts communities across
New York State that may be exposed to dangerous material unknowingly,
lose access to valuable parkland and private property, and are
burdened with the costs of remediation.

Such violations often involve construction and demolition debris or
waste as it makes up a significant portion of the solid waste stream
in New York State. This waste includes materials like: concrete, wood,
glass, plastic, plumbing and electrical components - most of which is
recyclable.

Because current penalties are inadequate, many of these violations are
repeat offenses. Illegal waste sites will continue to be discovered in
New York communities if violators can make the calculated decision
that the potential penalties don't outweigh the savings of illegally
disposing or transporting waste.

This bill would increase the penalties for the illegal transportation
or disposal of solid waste. It would also extend the civil penalties
for violations related to facilities for construction and demolition
debris to to the transportation of such debris. And, it would ensure
that violators who release of a significant amount of waste into the
environment within five years of another violation, are not given
further permits, have current permits suspended and applications for
new permits denied.
 FISCAL IMPLICATIONS :

Potential minimal increase to state revenues.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S6467 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6467
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 23, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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,  in  relation  to
   penalties for violations related to solid waste transportation, facil-
   ities and disposal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 3 of section 71-2703 of the  environ-
 mental  conservation law, subdivisions 1 and 2 as amended by chapter 508
 of the laws of 1995, paragraph a of subdivision 1 as amended by  section
 25, subparagraphs i and ii of paragraph b of subdivision 1 as amended by
 section  26,  paragraph  a  and subparagraphs i and ii of paragraph b of
 subdivision 2 as amended by section 27, subparagraphs i and ii of  para-
 graph  c  of subdivision 2 as amended by section 28 and subdivision 3 as
 amended by section 29 of part C of chapter 62 of the laws of  2003,  are
 amended to read as follows:
   1. Civil and administrative sanctions.  a. Any person who violates any
 of  the provisions of, or who fails to perform any duty imposed by title
 3 or 7 of article 27 of this chapter or any rule or  regulation  promul-
 gated  pursuant  thereto, or any term or condition of any certificate or
 permit issued pursuant thereto, or any final determination or  order  of
 the commissioner made pursuant to this title shall be liable for a civil
 penalty  not to exceed seven thousand five hundred dollars for each such
 violation and an additional penalty of not more than one  thousand  five
 hundred  dollars  for each day during which such violation continues, to
 be assessed by the commissioner after an opportunity to be heard  pursu-
 ant  to  the  provisions  of  section 71-1709 of this article, 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 and any  permit  or  certificate

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11696-01-7

 S. 6467                             2
 
 issued  to  such person may be revoked or suspended or a pending renewal
 application denied.
   b.  i.  Any person who violates any of the provisions of, or who fails
 to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
 ter, or any rule or regulation promulgated pursuant thereto, or any term
 or condition of any certificate or permit issued  pursuant  thereto  and
 thereby causes the release of solid waste into the environment, shall be
 liable  for  a  civil  penalty not to exceed eleven thousand two hundred
 fifty dollars for each such violation and an additional penalty  of  not
 more  than eleven thousand two hundred fifty dollars for each day during
 which such violation continues, to be assessed by the commissioner after
 an opportunity to be heard pursuant to the provisions of section 71-1709
 of this article, 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  and  any
 permit  or certificate issued to such person may be revoked or suspended
 or a pending renewal application denied.
   ii. Any person who violates any of the provisions of, or who fails  to
 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
 or  any  rule or regulation promulgated pursuant thereto, or any term or
 condition of any certificate  or  permit  issued  pursuant  thereto  and
 thereby  causes  the release of more than ten cubic yards of solid waste
 into the environment, shall be liable for a civil penalty not to  exceed
 twenty-two  thousand five hundred dollars for each such violation and an
 additional penalty of not more than  twenty-two  thousand  five  hundred
 dollars  for  each  day  during  which  such  violation continues, to be
 assessed by the commissioner after an opportunity to be  heard  pursuant
 to the provisions of section 71-1709 of this article, 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 and any permit or certificate issued to such
 person may be revoked or suspended  or  a  pending  renewal  application
 denied.
   III. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
 PERFORM ANY DUTY IMPOSED BY, TITLE 3 OR 7 OF ARTICLE 27 OF THIS CHAPTER,
 OR  ANY  RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR
 CONDITION OF ANY CERTIFICATE  OR  PERMIT  ISSUED  PURSUANT  THERETO  AND
 THEREBY  CAUSES  THE RELEASE OF MORE THAN TEN CUBIC YARDS OF SOLID WASTE
 INTO THE ENVIRONMENT, AFTER A VIOLATION OF THIS SUBDIVISION  WITHIN  THE
 PRECEDING FIVE YEARS, MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION AND
 ANY  PERMIT  OR  CERTIFICATE  ISSUED  TO SUCH PERSON SHALL BE REVOKED OR
 SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
   c. The court in any action or proceeding pursuant to  section  71-2727
 of  this  [chapter]  TITLE  may  exercise  all powers exercisable by the
 commissioner.
   2. Criminal sanctions.  a. Any person who, having any of the  culpable
 mental  states  defined in section 15.05 of the penal law, shall violate
 any of the provisions of or who fails to perform  any  duty  imposed  by
 title 3 or 7 of article 27 of this chapter, or any rules and regulations
 promulgated pursuant thereto, or any final determination or order of the
 commissioner  made pursuant to this title shall be guilty of a violation
 and, upon conviction thereof, shall be punished by a fine  of  not  less
 than  one  thousand  five hundred dollars nor more than [fifteen] THIRTY
 thousand dollars per day of violation or by imprisonment  for  not  more
 than fifteen days or by both such fine and imprisonment.

 S. 6467                             3
 
   b. i. Any person who shall violate paragraph a of this subdivision and
 thereby  causes  or attempts to cause the release of more than ten cubic
 yards of solid waste into the environment shall be guilty of a  class  B
 misdemeanor and, upon conviction thereof, shall be punished by a fine of
 not  less  than  three  thousand seven hundred fifty dollars per day nor
 more than [twenty-two thousand five hundred] FORTY-FIVE THOUSAND dollars
 per day of violation, or by imprisonment for a term in  accordance  with
 the penal law, or by both such fine and imprisonment.
   ii.  Any  person who shall violate paragraph a of this subdivision and
 thereby causes or attempts to cause the release of more than  ten  cubic
 yards  of  solid waste into the environment, after having been convicted
 of a violation of this subdivision  within  the  preceding  five  years,
 shall  be  guilty of a class A misdemeanor and, upon conviction thereof,
 shall be punished by a fine of  not  less  than  [three  thousand  seven
 hundred fifty] SEVENTY-FIVE THOUSAND dollars per day nor more than thir-
 ty-seven  thousand  five  hundred  dollars  per  day of violation, or by
 imprisonment for a term in accordance with the penal  law,  or  by  both
 such fine and imprisonment.
   c. i. Any person who shall violate paragraph a of this subdivision and
 thereby  causes  or  attempts  to cause the release of more than seventy
 cubic yards of solid waste into the environment shall  be  guilty  of  a
 class A misdemeanor and, upon conviction thereof, shall be punished by a
 fine  of not less than [three thousand seven hundred fifty] SEVENTY-FIVE
 THOUSAND dollars per  day  nor  more  than  thirty-seven  thousand  five
 hundred  dollars  per day of violation, or by imprisonment for a term in
 accordance with the penal law, or by both such fine and imprisonment.
   ii. Any person who shall violate paragraph a of this  subdivision  and
 thereby  causes  or  attempts  to cause the release of more than seventy
 cubic yards of solid waste  into  the  environment,  after  having  been
 convicted  of  a violation of this subdivision within the preceding five
 years, shall be guilty of a class E felony and, upon conviction thereof,
 shall be punished by a fine of not less than seven thousand five hundred
 dollars per day nor more than [seventy-five] ONE HUNDRED FIFTY  thousand
 dollars  per  day of violation, or by imprisonment for a term in accord-
 ance with the penal law, or by both such fine and imprisonment.
   3. Additional sanctions. Any person who violates any of the provisions
 of, or who fails to perform any duty imposed by title 3 OR 7 of  article
 27  OF  THIS  CHAPTER, with regard to THE TRANSPORTATION OF CONSTRUCTION
 AND DEMOLITION DEBRIS OR the construction and  operation  of  facilities
 for  the  disposal  of construction and demolition debris or any rule or
 regulation promulgated pursuant thereto, or any term or condition of any
 certificate or permit issued pursuant thereto or any final determination
 or order of the commissioner made pursuant to this title shall be liable
 for a civil penalty not to exceed fifteen thousand dollars and each  day
 of  such deposition shall constitute a separate violation and said civil
 penalty is in addition to any other fines  or  penalties  which  may  be
 applied pursuant to this title.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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