S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5074 A. 7365
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
May 3, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
registry of preliminary sites under investigation for hazardous waste
disposal on the DEC's website
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 27-1301 of the environmental conservation law is
amended by adding a new subdivision 8 to read as follows:
8. "AREA OF CONCERN" MEANS ANY LOCATION WHERE CONTAMINANTS ARE OR WERE
KNOWN OR HAVE BEEN DISCHARGED, GENERATED, MANUFACTURED, REFINED, TRANS-
PORTED, STORED, HANDLED, TREATED OR DISPOSED, OR WHERE CONTAMINANTS MAY
HAVE MIGRATED.
S 2. The opening paragraph of subdivision 1 of section 27-1305 of the
environmental conservation law, as amended by section 3 of part E of
chapter 1 of the laws of 2003, is amended to read as follows:
The department shall maintain and make available for public
inspection[,] ON THE ENVIRONMENTAL SITE REMEDIATION DATABASE ON ITS
WEBSITE AND either at each of its regional offices and regional sub-off-
ices, at the office of the county clerk or register for each county and
at the office of the town clerk for each town in Suffolk and Nassau
counties, [or on its homepage on the internet,] a registry of inactive
hazardous waste disposal sites AND PRELIMINARY SITES, ALSO REFERRED TO
AS "P" SITES, AND OTHER AREAS OF CONCERN UNDER INVESTIGATION AS HAZARD-
OUS WASTE DISPOSAL SITES in such region or, with respect to the office
of the county clerk or register, in such county. The department shall
provide a written copy upon requests by any person. The department shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10217-02-1
S. 5074 2 A. 7365
take all necessary action to ensure that the registry provides a
complete and up-to-date listing of all such sites within the region. The
department shall, on or before January first, two thousand four, and
annually thereafter, transmit the updated registry to the legislature
and the governor. A notice of the availability of the updated registry
shall be sent to the department of health and the chief executive offi-
cer of every county. Upon identification of an inactive hazardous waste
disposal site, PRELIMINARY SITE OR OTHER AREA OF CONCERN not included in
the registry for the immediately preceding year, the department shall
notify in writing the chief executive officer of each county, city, town
and village and the public water supplier which services the area in
which such site is located that such site has been so identified. For
the purposes of this section, "water supplier" shall mean any public
water system as such term is defined for the purposes of the sanitary
code of the state of New York as authorized by section two hundred twen-
ty-five of the public health law. Such registry shall include but need
not be limited to those items among the following which the commissioner
determines to be necessary:
S 3. This act shall take effect immediately.