STATE OF NEW YORK
________________________________________________________________________
S. 3213 A. 2623
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 20, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, MURRAY -- read once
and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
avoiding water quality impairment from the management of land clearing
debris and compost in Nassau and Suffolk counties
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 15-0517 to read as follows:
3 § 15-0517. Water quality testing requirements for land clearing debris
4 and compost facilities in Nassau and Suffolk counties.
5 1. In Nassau and Suffolk counties, the department shall promulgate
6 rules and regulations to prevent water quality and other environmental
7 impairments resulting from land clearing debris facilities or composting
8 facilities. Such regulations shall at a minimum require:
9 (a) quarterly up gradient and down gradient water quality testing;
10 (b) setbacks from drinking water supply wells and surface water
11 bodies; and
12 (c) dust and odor suppression and fire risk minimization.
13 2. The department shall in the case of a primary recharge area, and
14 may for other recharge areas, promulgate rules and regulations to be
15 implemented twenty-four months after the effective date of this section,
16 to prevent water quality and other environmental impairments resulting
17 from land clearing debris facilities or composting facilities by requir-
18 ing the use of an impermeable liner, in addition to the requirements of
19 subdivision one of this section. The department may exempt a land
20 clearing debris facility or a composting facility from the regulatory
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08021-01-7
S. 3213 2 A. 2623
1 requirements of this subdivision following a review of the facility's
2 water quality testing results and a determination by the department that
3 such facility does not pose a risk of impairment to the primary recharge
4 area or, if applicable, other recharge area.
5 3. For the purposes of this section:
6 (a) "land clearing debris" shall mean vegetative matter, soil and rock
7 resulting from activities such as land clearing and grubbing, utility
8 line maintenance or seasonal or storm related cleanup such as trees,
9 stumps, brush and leaves and including wood chips generated from these
10 materials.
11 (b) "composting facilities" shall mean facilities that accept more
12 than three thousand cubic yards of waste, either processed or unproc-
13 essed, per year.
14 § 2. This act shall take effect January 1, 2018.
