S T A T E   O F   N E W   Y O R K
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                                  3947

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2011
                               ___________

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 THIRTEEN, 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  APPLICATION,
THE  COMMISSIONER  MAY,  WHEN  DEMONSTRATED  TO HIS OR HER SATISFACTION,
GRANT A VARIANCE EXTENDING UNTIL SEPTEMBER FIRST, TWO THOUSAND  FIFTEEN.
GRANTING  OF  SUCH  VARIANCE  SHALL  ONLY BE MADE IF BASED UPON A DEMON-
STRATION 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
TO ANY APPROVAL OR PERMIT REQUIRED FOR THE COLLECTION, TRANSPORTATION OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07502-01-1
              

A. 3947                             2

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.