STATE OF NEW YORK
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287
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. LATIMER -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the disposal or storage of toxic waste near residential
property
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 27-0111 to read as follows:
3 § 27-0111. Disposal or storage of toxic waste near residential property.
4 1. Notwithstanding any provision of this article to the contrary, no
5 person shall dispose of or store toxic waste, including but not limited
6 to, asbestos-containing material, at a site that abuts or adjoins resi-
7 dential property.
8 2. For purposes of this section "asbestos-containing materials" shall
9 mean any material composed of any type of asbestos in quantities greater
10 than one percent by weight, either alone or mixed with other fibrous or
11 non-fibrous material.
12 § 2. This act shall take effect on the ninetieth day after it shall
13 have become a law. Provided, however, that the commissioner of environ-
14 mental conservation is authorized to promulgate any and all rules and
15 regulations and take any other measures necessary to implement this act
16 on its effective date on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01190-01-9