Bill Text: NY S04511 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to notification of discharge by the department of environmental conservation; costs to provide the community notification shall be borne by the party responsible for the discharge or spill.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2010-06-15 - REPORTED AND COMMITTED TO RULES [S04511 Detail]

Download: New_York-2009-S04511-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4511
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by  Sens. FLANAGAN, DeFRANCISCO, HANNON, MORAHAN, PADAVAN --
         read twice and ordered printed, and when printed to  be  committed  to
         the Committee on Environmental Conservation
       AN  ACT  to  amend  the  navigation  law, in relation to notification of
         discharge by the department of environmental conservation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The opening paragraph of section 175 of the navigation law
    2  is designated subdivision 1 and a new subdivision 2 is added to read  as
    3  follows:
    4    2.  UPON  NOTIFICATION  OF  A DISCHARGE PURSUANT TO SUBDIVISION ONE OF
    5  THIS SECTION OR SUBDIVISION EIGHT OF SECTION  17-0303  OF  THE  ENVIRON-
    6  MENTAL  CONSERVATION LAW, THE DEPARTMENT SHALL NOTIFY BY REGISTERED MAIL
    7  WITHIN FIVE DAYS: (A) THE CHIEF EXECUTIVE OFFICER OF ANY  COUNTY,  CITY,
    8  TOWN OR VILLAGE IMPACTED BY THE SPILL, AND (B) ALL LANDOWNERS OR TENANTS
    9  ADJACENT  TO AND NEARBY THE SITE WHOSE PROPERTY OR DRINKING WATER SUPPLY
   10  MAY BE  POTENTIALLY  ADVERSELY  IMPACTED  BY  SUCH  DISCHARGE.  FOR  THE
   11  PURPOSES  OF  THIS  SECTION,  ADJACENT AND NEARBY LANDOWNERS AND TENANTS
   12  SHALL MEAN THOSE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE SPILL
   13  OR DISCHARGE. THE COST  TO  THE  DEPARTMENT  TO  PROVIDE  THE  COMMUNITY
   14  NOTIFICATION  UNDER THIS SUBDIVISION SHALL BE BORNE BY THE PARTY RESPON-
   15  SIBLE FOR THE DISCHARGE OR SPILL.
   16    S 2. This act shall take effect on the thirtieth day  after  it  shall
   17  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11162-01-9