Provides for source separation and disposal of recyclable materials and requires municipalities to adopt local laws providing therefor; prohibits transporters from commingling recyclables with other materials; prohibits incinerators and landfills from accepting recyclables.
TITLE OF BILL: An act to amend the environmental conservation law and the general municipal law, in relation to disposal and source separation of recyclable materials
PURPOSE: This bill clarifies the obligations of waste haulers regarding the handling of recyclable materials and specifies the materials which are to be separated for recycling.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new
Section 27-0709 to_the Environmental Conservation Law to prohibit private and municipal waste haulers from Knowingly delivering recyclable materials to landfills or incinerators.
Section 2 of the bill amends Section 120-aa(2) of the General Municipal Law to specify which materials must at a minimum be separated for recycling pursuant to a local recycling law.
Section 3 of the bill contains a severability clause. The bill takes effect 180 days following enactment.
EXISTING LAW: Pursuant to General Municipal Law § 120-aa, every municipality must enact a local law requiring the separation of recyclable materials for which an economic market for alternative uses exists.
JUSTIFICATION: This bill will encourage and enhance statewide recycling efforts and compliance by private citizens, local governments and waste haulers, thereby preserving natural resources, improving air and water quality, and extending the life of the few remaining disposal facilities in New York State.
PRIOR LEGISLATIVE HISTORY: S 3029A Referenced to Senate Environmental Conservation Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This bill takes effect 180 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 719--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law and the general municipal law, in relation to disposal and source separation of recyclable materials 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 27-0709 to read as follows: S 27-0709. DISPOSAL OF SOURCE SEPARATED RECYCLABLES. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: A. "INCINERATOR" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 72-0401 OF THIS CHAPTER. B. "LANDFILL" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 72-0401 OF THIS CHAPTER. C. "LOCAL RECYCLING LAW" MEANS A LOCAL LAW OR ORDINANCE ADOPTED PURSU- ANT TO THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW. D. "RECYCLABLE MATERIALS" MEANS RECYCLABLE COMPONENTS OF SOLID WASTE WHICH HAVE BEEN SEPARATED FROM OTHER SOLID WASTE AS REQUIRED BY THE LOCAL RECYCLING LAW ADOPTED PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED TWENTY-AA OF THE GENERAL MUNICIPAL LAW. E. "TRANSFER STATION" MEANS A SOLID WASTE MANAGEMENT FACILITY, WHETHER OWNED OR OPERATED BY A PRIVATE OR PUBLIC ENTITY, OTHER THAN A RECYCLA- BLES HANDLING AND RECOVERY FACILITY, USED OIL FACILITY, OR A CONSTRUCTION AND DEMOLITION DEBRIS PROCESSING FACILITY, WHERE SOLID WASTE IS RECEIVED FOR THE PURPOSE OF SUBSEQUENT TRANSFER TO ANOTHEREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04063-02-3 S. 719--A 2
SOLID WASTE MANAGEMENT FACILITY FOR PROCESSING, TREATING, DISPOSAL, RECOVERY, OR FURTHER TRANSFER. F. "TRANSPORTER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE OFF-SITE TRANSPORTATION OF SOLID WASTE BY AIR, RAIL, HIGHWAY, OR WATER. 2. A. NO TRANSPORTER SHALL KNOWINGLY COMMINGLE MATERIALS WITH OTHER SOLID WASTE OR KNOWINGLY CAUSE MATERIALS TO BE COMMINGLED WITH OTHER SOLID WASTE IF SUCH MATERIALS ARE RECYCLABLE MATERIALS. B. NO TRANSPORTER SHALL KNOWINGLY DELIVER MATERIALS THAT ARE RECYCLA- BLE MATERIALS TO, OR KNOWINGLY CAUSE MATERIALS THAT ARE RECYCLABLE MATE- RIALS TO BE DELIVERED TO: (I) AN INCINERATOR; (II) A LANDFILL; (III) A TRANSFER STATION, UNLESS SUCH RECYCLABLE MATERIALS ARE KEPT SEPARATED FROM OTHER SOLID WASTE; OR (IV) ANYONE WHO THE TRANSPORTER KNOWS OR SHOULD KNOW WILL EITHER COMMINGLE SUCH RECYCLABLE MATERIALS WITH OTHER SOLID WASTE OR DELIVER SUCH RECYCLABLE MATERIALS TO AN INCINERATOR OR A LANDFILL FOR DISPOSAL. C. NO OPERATOR OF AN INCINERATOR OR A LANDFILL SHALL KNOWINGLY ACCEPT MATERIALS FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS. D. NO OPERATOR OF A TRANSFER STATION SHALL KNOWINGLY COMMINGLE MATERI- ALS WITH OTHER SOLID WASTE OR CAUSE MATERIALS TO BE TRANSFERRED TO AN INCINERATOR OR LANDFILL FOR DISPOSAL IF SUCH MATERIALS ARE RECYCLABLE MATERIALS. S 2. Paragraphs b and c of subdivision 2 of section 120-aa of the general municipal law, as amended by chapter 70 of the laws of 1988, are amended to read as follows: b.
[For purposes of this section, "components" shall include paper, glass, metals, plastics, garden and yard waste, and may include other elements of solid waste.]NO LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN, A MUNICIPALITY SHALL ADOPT A LOCAL LAW OR ORDINANCE TO REQUIRE THAT RECYCLABLE MATERIALS BE SEPARATED FROM OTHER SOLID WASTE WHICH HAS BEEN LEFT FOR COLLECTION OR WHICH IS DELIVERED BY THE GENERATOR OF SUCH WASTE TO A SOLID WASTE MANAGEMENT FACILITY. FOR PURPOSES OF THIS SECTION, "RECYCLABLE MATERIALS" MEANS AND INCLUDES: (I) NEWSPRINT, GLASS CONTAINERS, METAL CONTAINERS, POLYETHYLENE TERAPHTHALATE (#1 CODE) AND HIGH DENSITY POLYETHYLENE (#2 CODE) PLASTIC CONTAINERS; (II) CORRUGATED CARDBOARD CONTAINERS AND PAPER BOARD; (III) MIXED PAPER GENERATED BY NON-RESIDENTIAL ENTITIES OR BY RESIDENTIAL BUILDINGS CONSISTING OF MORE THAN FOUR DWELLINGS; AND (IV) ANY OTHER RECYCLABLE, REUSEABLE OR OTHER MATERIALS FOR WHICH THE MUNICIPALITY DETERMINES THAT ECONOMIC MARKETS FOR ALTERNATE USES EXIST, OR WHICH THE MUNICIPALITY DETERMINES SHOULD BE SEPARATED FROM OTHER SOLID WASTE FOR RECYCLING. c. Prior to [exercising the authority of this section to enact such a local law or ordinance]MAKING A DETERMINATION UNDER SUBPARAGRAPH (IV) OF PARAGRAPH B OF THIS SUBDIVISION, the municipality shall hold a public hearing relating to its proposed provisions and shall give due consider- ation to existing source separation, recycling and [other resource recovery]SOLID WASTE DISPOSAL activities in the area, to the adequacy of markets for separated materials, and to any additional effort and expense to be incurred by residents in meeting the proposed separation requirements. The authority provided in this section shall be in addi- tion to and without limitation upon the authority vested in munici- palities under any other statute. S 3. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to theS. 719--A 3
clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.