Permits counties, towns, cities and villages to dispose of drugs by incineration without first obtaining a variance.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the disposal of drugs by incineration
PURPOSE: To permit counties, towns, cities and villages (municipalities) to dispose of drugs by incineration without first obtaining a variance.
SUMMARY OF PROVISIONS: Section 1 amends Title 27 of Article 27 of the environmental conservation law as added by chapter 625 of the laws of 2008 to create a new section 27-2705.
Section 27-2706 allows any county, town, city or village in the state to apply to the department for a permit to incinerate unused, unwanted or expired drugs at facilities owned and maintained, by such municipalities with the manner and form to be determined by the department. It will allow the municipality to get a permit without also requiring a variance from the department. The department as part of the application process will take sufficient steps to make sufficient inspections of the incineration facilities for which such permit is sought in order to ensure that the disposal of drugs by incineration will comply with all environmental and health requirements associated with incineration.
JUSTIFICATION: In order to address the emerging environmental and public health concerns associated with improper disposal of unused and expired medication municipalities have been sponsoring "unwanted pharmaceutical collection events". The requirement of continuously applying for variances for each event puts an onerous burden on the municipality. This bill would alleviate this burden by allowing municipalities to apply for a permit which would let them hold events without individual variances.
BILL HISTORY: S4967 of 2009/2010; Referred to Environmental Conservation
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 183 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. MAZIARZ -- 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 the disposal of drugs by incineration THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Title 27 of article 27 of the environmental conservation law, as added by chapter 625 of the laws of 2008, is amended by adding a new section 27-2705 to read as follows: S 27-2705. DISPOSAL OF DRUGS BY INCINERATION. ANY COUNTY, TOWN, CITY OR VILLAGE IN THIS STATE MAY APPLY TO THE DEPARTMENT FOR A PERMIT TO INCINERATE UNUSED, UNWANTED OR EXPIRED DRUGS AT FACILITIES OWNED AND MAINTAINED BY SUCH COUNTY, TOWN, CITY OR VILLAGE. SUCH APPLICATION FOR SUCH PERMIT SHALL BE IN A MANNER AND FORM TO BE DETERMINED BY THE DEPARTMENT. SUCH PERMIT, WHEN ISSUED, SHALL PERMIT SUCH COUNTY, TOWN, CITY OR VILLAGE TO DISPOSE OF DRUGS BY INCIN- ERATION WITHOUT FIRST OBTAINING A VARIANCE FROM THE DEPARTMENT. AS PART OF THE APPLICATION PROCESS, THE DEPARTMENT SHALL TAKE SUFFICIENT STEPS AND MAKE SUFFICIENT INSPECTIONS OF THE INCINERATION FACILITIES FOR WHICH SUCH PERMIT IS SOUGHT IN ORDER TO INSURE THAT THE DISPOSAL OF DRUGS BY INCINERATION SHALL BE HAD IN A MANNER TO COMPLY WITH ALL ENVIRONMENTAL AND HEALTH REQUIREMENTS ASSOCIATED WITH SUCH INCINERATION. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01039-01-1