Bill S706-2013

Limits medical waste treatment facilities construction, prohibits issuance of permits to facilities, provides for annual review of permits issued to previously-existing facilities

Prohibits the establishment or conversion of medical waste treatment, storage, transfer or disposal facilities in any area of the state not zoned for such uses; prohibits the issuance of permits to such facilities; provides for the annual review of permits issued to previously-existing medical waste treatment, storage, transfer or disposal facilities located in areas not zoned for such use.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S706

TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the establishment or conversion of medical waste treatment, storage, transfer or disposal facilities within one-half mile of any residential area, prohibiting the issuance of permits to such facilities, and providing for the annual review of permits issued to previously-existing medical waste treatment, storage, transfer or disposal facilities located within one mile of any residential area

PURPOSE OR GENERAL IDEA OF BILL: To limit the health risks associated with medical waste transfer station by ensuring that they do not operate in close proximity to densely populated areas.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the environmental conservation law section 27-1517 by adding a new subdivision 4 to read as follows: 4a(i) no facility providing for the storage, transportation, treatment or disposal of regulated medical waste shall be constructed within any area within the state which is not zoned for use by such facility or in any area which is within one half mile of a residential zoned area located within the state. (ii) no existing facility located within the state shall be converted to a facility providing for the storage, transportation, treatment or disposal of regulated medical waste unless the facility is located in an area zoned for use by such facility and such area is not within one half mile of a residential area located within the state.

JUSTIFICATION: There are many facilities that process regulated medical waste throughout the State of New York. Although these facilities are needed to manage this extremely hazardous type of waste, it is our responsibility to ensure that they are not operating in areas that are in close proximity to residential homes which could pose a health risk to the citizens of this state. Research has found that medical waste transfer stations can cause health risk when located near residential areas. For example in New York City, in the Southern part of the Bronx, where such a facility exist, residents have suffered greatly from being in close proximity to this kind of facility. According to a study conducted by New York University's School of Medicine and Robert F Wagner Graduate School of Public Service, the waste stations in the South Bronx community are directly related to the overall poor health of that area's residents. Specifically the residents in that area suffer from a higher rate of lung and prostate cancer than any other community in the New York City area. In addition, the rate of asthma amongst the children in that area is five times higher than among children in other communities in New York City. The study makes a direct correlation between the many health issues faced by the residents of the community and the operation of the medical waste stations in that

area. This legislation will ensure that citizens are not exposed to the siting of these potentially dangerous facilities in close proximity to their homes.

PRIOR LEGISLATIVE HISTORY: S.1718 of 2011 01/11/11 REFERRED TO ENVIRONMENTAL CONSERVATION 01/11/12 REFERRED TO ENVIRONMENTAL CONSERVATION

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 706 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. SAMPSON -- 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 prohibiting the establishment or conversion of medical waste treat- ment, storage, transfer or disposal facilities within one-half mile of any residential area, prohibiting the issuance of permits to such facilities, and providing for the annual review of permits issued to previously-existing medical waste treatment, storage, transfer or disposal facilities located within one mile of any residential area THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 27-1517 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows: 4. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY: (I) NO FACILITY PROVIDING FOR THE STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE CONSTRUCTED WITHIN ANY AREA WITHIN THE STATE WHERE LOCAL ZONING LAWS PROHIBIT THE OPERATION OF SUCH FACILITY OR IN ANY AREA WHICH IS WITHIN ONE-HALF MILE OF A RESIDENTIAL AREA LOCATED WITHIN THE STATE; AND (II) NO EXISTING FACILITY LOCATED WITHIN THE STATE SHALL BE CONVERTED TO A FACILITY PROVIDING FOR THE STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE UNLESS THE FACILITY IS LOCATED IN AN AREA WHERE LOCAL ZONING LAWS PERMIT THE OPERATION OF SUCH FACILITY AND SUCH AREA IS NOT WITHIN ONE-HALF MILE OF A RESIDENTIAL AREA LOCATED WITHIN THE STATE. B. NO PERMIT AUTHORIZING THE STORAGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE SHALL BE ISSUED TO ANY FACILITY DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION BY THE DEPARTMENT OR BY ANY REGIONAL, DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF HEALTH,
OR LOCAL HEALTH DEPARTMENT TO WHICH THE DEPARTMENT HAS DELEGATED RESPON- SIBILITY TO ISSUE OR REVIEW PERMITS. C. (I) ALL PERMITS FOR WHICH CONDITIONAL OR FINAL APPROVAL HAS BEEN GRANTED OR WHICH HAVE BEEN ISSUED TO FACILITIES PROVIDING FOR THE STOR- AGE, TRANSPORTATION, TREATMENT OR DISPOSAL OF REGULATED MEDICAL WASTE AND LOCATED WITHIN AREAS OF THE STATE NOT ZONED FOR USE BY SUCH FACILITY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL BE SUBJECT TO ANNUAL REVIEW BY THE DEPARTMENT OR BY ANY REGIONAL, DISTRICT OR COUNTY OFFICES OF THE STATE DEPARTMENT OF HEALTH, OR LOCAL HEALTH DEPARTMENT TO WHICH THE DEPARTMENT HAS DELEGATED RESPONSIBILITY TO ISSUE OR REVIEW PERMITS. ANY PERMIT, RENEWAL PERMIT OR MODIFIED PERMIT ISSUED FOLLOWING SUCH REVIEW SHALL BE VALID FOR A PERIOD NOT TO EXCEED ONE YEAR. (II) THE COMMISSIONER MAY, CONSISTENT WITH ARTICLES TWENTY-THREE AND TWENTY-THREE-A OF THE CORRECTION LAW, AND THE PROVISIONS OF SECTION 70-0115 OF THIS CHAPTER, DENY, SUSPEND, REVOKE OR MODIFY ANY PERMIT, RENEWAL OR MODIFICATION THERETO FOR THE STORAGE, TRANSPORTATION, TREAT- MENT OR DISPOSAL OF REGULATED MEDICAL WASTE, UPON A WRITTEN DETERMI- NATION THAT SUCH ACTION IS REQUIRED TO PROTECT THE PUBLIC HEALTH AND SAFETY AND THAT ANY OF THE PROVISIONS OF PARAGRAPH A, B, C OR D OF SUBDIVISION ONE OF THIS SECTION APPLY. D. ANY ACTION INVOLVING THE CONSTRUCTION OR EXPANSION OF A SOLID WASTE TRANSFER STATION WITHIN ONE-HALF MILE OF A RESIDENTIAL ZONED AREA SHALL BE DEEMED TO HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT REQUIRING THE PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SECTION 8-0109 OF THIS CHAPTER. SUCH STATEMENT SHALL MEET THE REQUIREMENTS OF THE MOST DETAILED ENVIRONMENTAL IMPACT STATEMENT REQUIRED BY SUCH SECTION 8-0109 OR BY ANY SUCH RULE OR REGULATION PROMULGATED PURSUANT TO SUCH SECTION AND SHALL INCLUDE THE HOLDING OF A PUBLIC HEARING OR HEAR- INGS. E. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO HOSPITALS AND OTHER FACILITIES WHICH PROVIDE MEDICAL SERVICES AND GENERATE MEDICAL WASTE FROM THEIR OPERATIONS AND WHICH PROVIDE ON-SITE STORAGE OF OR PERFORM ON-SITE TREATMENT AND DISPOSAL OF REGULATED MEDICAL WASTE. F. AS USED IN THIS SUBDIVISION, "RESIDENTIAL AREA" MEANS ANY AREA ZONED FOR RESIDENTIAL USE, REGARDLESS OF WHETHER SUCH AREA IS ALSO ZONED FOR OTHER USE. G. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS AS HE OR SHE DEEMS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus