Senate Bill S5074

                            
                    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.