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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
748
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Environmental Conservation
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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 27-0709 to read as follows:
3 S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES.
4 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
5 A. "INCINERATOR" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
6 72-0401 OF THIS CHAPTER.
7 B. "LANDFILL" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION
8 72-0401 OF THIS CHAPTER.
9 C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU-
10 ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL
11 MUNICIPAL LAW.
12 D. "RECYCLABLE MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE
13 WHICH HAVE BEEN SEPARATED FROM OTHER SOLID WASTE PURSUANT TO A LOCAL
14 RECYCLING LAW.
15 E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER
16 OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA-
17 BLES HANDLING AND RECOVERY FACILITY, USED OIL FACILITY, OR A
18 CONSTRUCTION AND DEMOLITION DEBRIS PROCESSING FACILITY, WHERE SOLID
19 WASTE IS RECEIVED FOR THE PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHER
20 SOLID WASTE MANAGEMENT FACILITY FOR PROCESSING, TREATING, DISPOSAL,
21 RECOVERY, OR FURTHER TRANSFER.
22 F. "TRANSPORTER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE
23 TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01770-01-9
A. 748 2
1 2. A. NO TRANSPORTER SHALL COMMINGLE RECYCLABLE MATERIALS OR YARD
2 WASTE WITH OTHER SOLID WASTE, OR CAUSE RECYCLABLE MATERIALS OR YARD
3 WASTE TO BE COMMINGLED WITH OTHER SOLID WASTE.
4 B. NO TRANSPORTER SHALL DELIVER RECYCLABLE MATERIALS OR YARD WASTE TO,
5 OR CAUSE RECYCLABLE MATERIALS OR YARD WASTE TO BE DELIVERED TO: (I) AN
6 INCINERATOR; (II) A LANDFILL; (III) A TRANSFER STATION, UNLESS SUCH
7 RECYCLABLE MATERIALS OR YARD WASTE ARE KEPT SEPARATED FROM OTHER SOLID
8 WASTE; OR (IV) ANYONE WHO THE TRANSPORTER KNOWS OR SHOULD KNOW WILL
9 EITHER COMMINGLE SUCH RECYCLABLE MATERIALS OR YARD WASTE WITH OTHER
10 SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS OR YARD WASTE TO AN
11 INCINERATOR OR A LANDFILL.
12 C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL ACCEPT RECYCLABLE
13 MATERIALS OR YARD WASTE FOR DISPOSAL.
14 D. NO OPERATOR OF A TRANSFER STATION SHALL COMMINGLE RECYCLABLE MATE-
15 RIALS OR YARD WASTE WITH OTHER SOLID WASTE, OR TRANSFER RECYCLABLE MATE-
16 RIALS OR YARD WASTE OR CAUSE RECYCLABLE MATERIALS OR YARD WASTE TO BE
17 TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR DISPOSAL.
18 S 2. Subdivision 2 of section 120-aa of the general municipal law, as
19 amended by chapter 70 of the laws of 1988, is amended to read as
20 follows:
21 2. a. Pursuant to the authority of this section, no later than Septem-
22 ber first, [nineteen hundred ninety-two] TWO THOUSAND NINE, a munici-
23 pality shall [adopt] AMEND such a local law or ordinance to require that
24 RECYCLABLE MATERIALS AND YARD WASTE BE SEPARATED FROM OTHER solid waste
25 which has been left for collection or which is delivered by the genera-
26 tor of such waste to a solid waste management facility[, shall be sepa-
27 rated into].
28 B. FOR PURPOSES OF THIS SECTION, "RECYCLABLE MATERIALS" MEANS AND
29 INCLUDES THE WASTE MATERIALS OF COMMERCIAL AND RESIDENTIAL GENERATORS,
30 AS FOLLOWS:
31 (I) NEWSPRINT, WRITING PAPER, AND MIXED PAPER;
32 (II) GREEN, CLEAR, AND BROWN GLASS CONTAINERS;
33 (III) METAL CONTAINERS, ALUMINUM CONTAINERS, AND BI-METAL CONTAINERS;
34 (IV) POLYETHYLENE TERAPHTHALATE (#1 CODE) PLASTICS, AND HIGH DENSITY
35 POLYETHYLENE (#2 CODE) PLASTICS;
36 (V) CORRUGATED CARDBOARD, AND PAPER BOARD;
37 (VI) YARD WASTE; AND
38 (VII) ANY OTHER recyclable, reuseable or other [components] MATERIALS
39 for which THE MUNICIPALITY DETERMINES THAT economic markets for alter-
40 nate uses exist, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE SEPA-
41 RATED FROM OTHER SOLID WASTE OR YARD WASTE FOR RECYCLING. For purposes
42 of this section, the term "economic markets" refers to instances in
43 which the full avoided costs of proper collection, transportation and
44 disposal of source separated materials are equal to or greater than the
45 cost of collection, transportation and sale of said material less the
46 amount received from the sale of said material.
47 [b. For purposes of this section, "components" shall include paper,
48 glass, metals, plastics, garden and yard waste, and may include other
49 elements of solid waste.]
50 c. FOR PURPOSES OF THIS SECTION, "YARD WASTE" SHALL MEAN LEAVES, GRASS
51 CLIPPINGS, GARDEN DEBRIS, AND WOOD DEBRIS INCLUDING TREE TRUNKS AND
52 SMALL OR CHIPPED BRANCHES; BUT EXCLUDING MINOR AMOUNTS.
53 D. Prior to [exercising the authority of this section to enact such a
54 local law or ordinance] MAKING A DETERMINATION UNDER SUBPARAGRAPH (VII)
55 OF PARAGRAPH B OF THIS SUBDIVISION AFTER THE EFFECTIVE DATE OF SUCH
56 SUBPARAGRAPH, the municipality shall hold a public hearing relating to
A. 748 3
1 its proposed provisions and shall give due consideration to existing
2 source separation, recycling and [other resource recovery] SOLID WASTE
3 DISPOSAL activities in the area, to the adequacy of markets for sepa-
4 rated materials, and to any additional effort and expense to be incurred
5 by residents in meeting the proposed separation requirements. The
6 authority provided in this section shall be in addition to and without
7 limitation upon the authority vested in municipalities under any other
8 statute.
9 [d.] E. In fulfillment of the provisions of this section a munici-
10 pality may use public lands or buildings or private lands or buildings,
11 open to the public, upon written consent of the owner, as a recycling
12 center or depot for the storage of recyclable materials. The office of
13 general services and any other agency, authority or commission holding
14 title to lands or buildings in the name of the people of the state shall
15 fully cooperate with any person acting under the authority of this
16 section to establish a recycling program, provided that such use is not
17 inconsistent with the principle purpose of such lands or buildings,
18 subject to local zoning restrictions.
19 S 3. If any clause, sentence, paragraph, section or part of this act
20 shall be adjudged by any court of competent jurisdiction to be invalid,
21 such judgment shall not affect, impair or invalidate the remainder ther-
22 eof, but shall be confined in its operation to the clause, sentence,
23 paragraph, section or part thereof directly involved in the controversy
24 in which such judgment shall have been rendered.
25 S 4. This act shall take effect on the one hundred eightieth day after
26 it shall have become a law; provided that section 27-0709 of the envi-
27 ronmental conservation law, as added by section one of this act, shall
28 not be enforceable until September 1, 2013.
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