Provides that the failure to report a release of hazardous substances is a class A misdemeanor and any such subsequent violation shall be a class E felony.

---

S521-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 5, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S521-2011 Memo

BILL NUMBER:S521

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to notification
of the release of hazardous substances

PURPOSE:
This bill makes it a crime to fail to notify the Department of
Environmental Conservation of a release of a reportable quantity of a
hazardous substance.

SUMMARY OF PROVISIONS:
The bill adds a new section 71-3704 to the Environmental Conservation
Law to require notification to the Department of Environmental
Conservation of a release of a reportable quantity of a hazardous
substance. A first violation of this new section is a class A
misdemeanor, and each subsequent violation is a class E felony.

JUSTIFICATION:
In order to establish a criminal violation of the Environmental
Conservation Law, it is often necessary to prove the amount of
hazardous substances released into the environment. Unfortunately, by
the time the Department of Environmental Conservation (DEC) discovers
that the release occurred, it is difficult -- if not impossible -- to
determine the specific amount of hazardous substance released.

This statutory scheme creates a great disincentive for individuals to
report releases of hazardous substances. If an individual reports
such a release quickly, DEC is better able to determine the amount
of the release, which makes it easier to prove a felony violation,
while individuals who conceal releases frequently can only be charged
with a misdemeanor.

This bill addresses this problem by following the approach used in
federal law (42 V.S.C. � 9603) by criminalizing the failure to report
the release of a hazardous substance. This will provide an incentive
for individuals to report such releases, and punish those who
continue to conceal their wrongdoing. In addition, early reporting of
releases will allow DEC to become involved in clean-up efforts more
quickly, thereby helping to protect the environment and the health
and safety of New York residents.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2009-2010:  S.3596/A.5654
2007-2008:  S.4753/A.7435

EFFECTIVE DATE:
The bill takes effect on the first of November following enactment.

S521-2011 Text

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

                                     521

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY, PARKER -- 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
    notification of the release of hazardous substances

    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 71-3704 to read as follows:

  S 71-3704. FAILURE TO REPORT RELEASE OF HAZARDOUS SUBSTANCES.
    ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS  OF,  OR  WHO  FAILS  TO
  PERFORM  ANY  DUTY  IMPOSED  BY SECTION 37-0107 OF THIS CHAPTER, AND WHO
  FAILS TO NOTIFY THE DEPARTMENT OF A RELEASE OF A REPORTABLE QUANTITY  OF
  A  HAZARDOUS  SUBSTANCE HAZARDOUS OR ACUTELY HAZARDOUS TO PUBLIC HEALTH,
  SAFETY OR THE ENVIRONMENT SHALL BE GUILTY OF FAILURE TO  REPORT  RELEASE
  OF  A  HAZARDOUS  SUBSTANCE.  FAILURE  TO  REPORT RELEASE OF A HAZARDOUS
  SUBSTANCE SHALL BE A CLASS A MISDEMEANOR; PROVIDED, HOWEVER, THAT  IF  A
  DEFENDANT  HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS SECTION,
  SUCH SUBSEQUENT VIOLATION SHALL BE A CLASS E FELONY.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03410-01-1