S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   471

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  restrictions on the disposal of yard waste

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 27-0721 to read as follows:
S 27-0721. RESTRICTIONS ON THE DISPOSAL OF YARD WASTE.
  1.  ON  OR  AFTER  SEPTEMBER  FIRST, TWO THOUSAND SEVENTEEN, NO PERSON
SHALL KNOWINGLY DELIVER YARD WASTE TO A LANDFILL FOR  PURPOSES  OF  LAND
BURIAL,  OR  TO AN INCINERATOR FOR PURPOSES OF COMBUSTION, OR DISPOSE OF
YARD WASTE AT A LANDFILL OR INCINERATOR. FOR PURPOSES OF  THIS  SECTION,
"YARD  WASTE" SHALL MEAN LEAVES, GRASS CLIPPINGS, GARDEN DEBRIS AND WOOD
DEBRIS INCLUDING TREE TRUNKS AND SMALL OR CHIPPED BRANCHES. UPON  APPLI-
CATION,  THE COMMISSIONER MAY, WHEN DEMONSTRATED TO HIS OR HER SATISFAC-
TION, GRANT A VARIANCE EXTENDING UNTIL  SEPTEMBER  FIRST,  TWO  THOUSAND
NINETEEN.  GRANTING  OF SUCH VARIANCE SHALL ONLY BE MADE IF BASED UPON A
DEMONSTRATION BY THE APPLICANT THAT A GOOD FAITH EFFORT IS BEING MADE TO
MEET THE REQUIREMENTS OF THIS SECTION AND UPON A SHOWING OF HARDSHIP DUE
TO REASONS BEYOND THE CONTROL OF THE APPLICANT.
  2. EXCLUDED FROM THE PROVISIONS OF THIS SECTION ARE MINOR  AMOUNTS  OF
MATERIALS  AS  IDENTIFIED  IN SUBDIVISION ONE OF THIS SECTION, AS MAY BE
PRESENT IN THE SOLID WASTE COLLECTED.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN  FURTHERANCE  OF
THE  PURPOSES  OF  THIS SECTION, ANY LOCAL LAW ADOPTED BY A MUNICIPALITY
PURSUANT TO SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL  MUNICIPAL  LAW
SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
  4.  THE  DEPARTMENT  SHALL ADOPT REGULATIONS FOR THE IMPLEMENTATION OF
THIS SECTION AND SHALL CONSIDER THE PURPOSES OF THIS SECTION WITH REGARD

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

                                                           LBD06089-01-5

A. 471                              2

TO ANY APPROVAL OR PERMIT REQUIRED FOR THE COLLECTION, TRANSPORTATION OR
DISPOSAL OF SOLID WASTE. SUCH REGULATIONS SHALL FURTHER PROVIDE FOR  THE
CLEAR  DELINEATION OF RESPECTIVE RESPONSIBILITIES OF OWNERS OR OPERATORS
OF  SOLID  WASTE  FACILITIES, TRANSPORTERS AND PLANNING UNITS UNDER THIS
SECTION.
  5. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO  LIMIT  THE
AUTHORITY  OF  A  MUNICIPALITY  TO  ENACT LOCAL LAWS OR REGULATIONS, NOT
INCONSISTENT WITH THE RULES AND REGULATIONS OF THE DEPARTMENT,  IMPOSING
MORE  STRINGENT  RESTRICTIONS ON THE DISPOSAL OF REUSABLE, RECYCLABLE OR
COMPOSTABLE MATERIALS.
  S 2. Section 71-2703 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, THE SANCTIONS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS  SECTION
SHALL  NOT  APPLY  TO  A  VIOLATION  OF  SECTION 27-0721 OF THIS CHAPTER
COMMITTED BY AN INDIVIDUAL RESIDENTIAL GENERATOR OF YARD WASTE. AN INDI-
VIDUAL RESIDENTIAL GENERATOR OF YARD WASTE WHO KNOWINGLY  VIOLATES  SUCH
SECTION  27-0721,  OR ANY REGULATION PROMULGATED PURSUANT THERETO, SHALL
BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
SUCH VIOLATION, TO BE ASSESSED BY THE COMMISSIONER AFTER AN  OPPORTUNITY
TO  BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS ARTI-
CLE, 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.
  S 3. This act shall take effect immediately.