Bill Text: NY S06466 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the recovery of costs for the response costs and damages to natural resources as a result of the illegal disposal of waste and establishes that expenditures made by the department as a result of the illegal disposal of waste shall be a lien against the person who is responsible for such illegal disposal.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06466 Detail]
Download: New_York-2017-S06466-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6466 2017-2018 Regular Sessions IN SENATE May 23, 2017 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the recovery of costs for the response costs and damages to natural resources as a result of the illegal disposal of waste The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 27-0111 to read as follows: 3 § 27-0111. Illegal disposal cost recovery. 4 A person who is responsible for the illegal disposal of waste as 5 defined in section 27-1301 of this article, or causes a release or a 6 substantial threat of release of a contaminant which presents a substan- 7 tial danger to the public health or safety or the environment, shall be 8 liable for the response costs and for damages to natural resources. The 9 department, a state agency, or a municipality which undertakes to abate 10 a public nuisance under this title or take a response action may recover 11 such response costs and natural resource damages in an action in equity 12 brought before a court of competent jurisdiction. 13 § 2. Subdivision 5 of section 27-1313 of the environmental conserva- 14 tion law, as amended by chapter 857 of the laws of 1982, paragraph g as 15 amended by chapter 164 of the laws of 1990, is amended to read as 16 follows: 17 5. a. Whenever a person ordered to eliminate a threat to the environ- 18 ment pursuant to paragraph a of subdivision three of this section has 19 failed to do so within the time limits specified in the order, the 20 department may develop and implement an inactive hazardous waste 21 disposal site remedial program for such site. The reasonable expenses of 22 developing and implementing such remedial program by the department 23 shall be paid by the person to whom the order was issued and the state EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11838-01-7S. 6466 2 1 may seek to recover such reasonable expenses in any court of appropriate 2 jurisdiction. 3 b. Any expenditures made by the department pursuant to this title 4 shall constitute, in each instance, a debt of the person who is respon- 5 sible for the disposal of hazardous waste to the state. The debt shall 6 constitute a lien on all property owned by the person who is responsible 7 for the disposal of hazardous waste when a notice of lien, incorporating 8 a description of the property of the person who is responsible for the 9 disposal of hazardous waste subject to the cleanup and removal and an 10 identification of the amount of cleanup, removal and related costs 11 expended by the state, is duly filed in the clerk's office of the county 12 where the property is situated. The clerk shall promptly enter upon the 13 civil judgment or order docket the name and address of the person who is 14 responsible for the disposal of hazardous waste and the amount of the 15 lien as set forth in the notice of lien. Upon entry by the clerk, the 16 lien, to the amount committed by the department for cleanup and removal, 17 shall attach to the revenues and all real and personal property of the 18 person who is responsible for the disposal of hazardous waste, whether 19 or not the person who is responsible for the disposal of hazardous waste 20 is insolvent. The notice of lien filed pursuant to this subdivision 21 which affects any property of a person who is responsible for the 22 disposal of hazardous waste shall not affect any valid lien, right, or 23 interest in the property filed in accordance with established procedure 24 prior to the filing of a notice of lien pursuant to this subdivision. 25 c. In the event that the commissioner has found that hazardous wastes 26 at a site constitute a significant threat to the environment, but after 27 a reasonable attempt to determine who may be responsible is either 28 unable to determine who may be responsible, or is unable to locate a 29 person who may be responsible, the department may develop and implement 30 an inactive hazardous waste disposal site remedial program for such 31 site. The commissioner shall make every effort, in accordance with the 32 requirements for notice, hearing and review provided for in this title, 33 to secure appropriate relief from any person subsequently identified or 34 located who is responsible for the disposal of hazardous waste at such 35 site, including, but not limited to, development and implementation of 36 an inactive hazardous waste disposal site remedial program, payment of 37 the cost of such a program, recovery of any reasonable expenses incurred 38 by the state, money damages and penalties. 39 [c.] d. Whenever the commissioner has made findings pursuant to para- 40 graph b of subdivision three of this section or the commissioner of 41 health has made a declaration and finding pursuant to paragraph (b) of 42 subdivision three of section one thousand three hundred eighty-nine-b of 43 the public health law, the department may develop and implement an inac- 44 tive hazardous waste disposal site remedial program to contain, allevi- 45 ate or end the threat to life or health or to the environment. The costs 46 incurred by the department in developing and implementing such a program 47 shall be in an amount commensurate with the actions the department deems 48 necessary to eliminate such danger. In determining the scope, nature and 49 content of such program, the department shall consider among others, the 50 following factors: 51 (i) the technological feasibility of all actions; 52 (ii) the nature of the danger to human health and the environment 53 which the actions are designed to address; and 54 (iii) the extent to which the actions would reduce such danger to 55 human health or the environment or would otherwise benefit human health 56 or the environment.S. 6466 3 1 [d.] e. Notwithstanding the provisions of subdivision c of this 2 section, the department shall be authorized to develop and implement an 3 inactive hazardous waste disposal site remedial program at the site 4 pursuant to this subdivision if, in the discretion of the department, it 5 is cost-effective for the department to develop and implement such a 6 remedial program. The goal of any such remedial program shall be a 7 complete cleanup of the site through the elimination of the significant 8 threat to the environment posed by the disposal of hazardous wastes at 9 the site and of the imminent danger of irreversible or irreparable 10 damage to the environment caused by such disposal. The factors to be 11 considered by the department in determining whether it is cost-effective 12 to develop and implement an inactive hazardous waste disposal site reme- 13 dial program at a site pursuant to this subdivision shall include, among 14 others: 15 (i) the ability of the department to determine, through the exercise 16 of its scientific judgment, whether the elimination of the imminent 17 danger of irreversible or irreparable damage to the environment can be 18 achieved through limited actions; 19 (ii) the ability of the department to identify the owner of the site 20 and/or any person responsible for the disposal of hazardous wastes at 21 such site with sufficient financial resources to develop and implement 22 an inactive hazardous waste disposal site remedial program at such site; 23 (iii) the nature of the danger to human health and the environment 24 which the actions are designed to address; and 25 (iv) the extent to which the actions would reduce such danger to human 26 health or the environment or would otherwise benefit human health or the 27 environment. 28 [e.] f. Whenever the commissioner of health makes a declaration and 29 finding pursuant to paragraph b of subdivision three of section one 30 thousand three hundred eighty-nine-b of the public health law, the 31 department may implement an inactive hazardous waste site remedial 32 program in the same manner as specified in paragraphs c and d of this 33 subdivision. 34 [f.] g. The commissioner shall make every effort, in accordance with 35 the requirements for notice, hearing and review provided for in this 36 title to secure appropriate relief from the owner or operator of such 37 site and/or any person responsible for the disposal of hazardous wastes 38 at such site, including, but not limited to, development and implementa- 39 tion of an inactive hazardous waste disposal site remedial program, 40 payment of the cost of such program, recovery of any reasonable expenses 41 incurred by the state, money damages and penalties. 42 [g.] h. When a municipality develops and implements pursuant to an 43 agreement with the department an inactive hazardous waste disposal site 44 remedial program as approved by the department for a site which is owned 45 or has been operated by such municipality or when the department, pursu- 46 ant to an agreement with a municipality, develops and implements such a 47 remedial program, the commissioner shall, in the name of the state, 48 agree in such agreement to provide from the hazardous waste remedial 49 fund, within the limitations of appropriations therefor, seventy-five 50 percent of the eligible design and construction costs of such remedial 51 program for which such municipality is liable solely because of its 52 ownership and/or operation of such site and which are not recovered from 53 or reimbursed or paid by a responsible party or the federal government. 54 § 3. Subdivision 1 of section 71-2705 of the environmental conserva- 55 tion law, as amended by section 30 of part C of chapter 62 of the laws 56 of 2003, is amended to read as follows:S. 6466 4 1 1. Civil and administrative sanctions. Any person who violates any of 2 the provisions of, or who fails to perform any duty imposed by titles 9, 3 11 and 13 of article 27 or any rule or regulation promulgated pursuant 4 thereto, or any term or condition of any certificate or permit issued 5 pursuant thereto, or any final determination or order of the commission- 6 er made pursuant to this title shall be liable in the case of a first 7 violation, for a civil penalty not to exceed thirty-seven thousand five 8 hundred dollars and an additional penalty of not more than thirty-seven 9 thousand five hundred dollars for each day during which such violation 10 continues or treble damages in cases where the department has issued an 11 order pursuant to title 9, 11, or 13 of article 27 to a person liable 12 pursuant to this section and such person has unreasonably or in bad 13 faith failed or refused to comply with such order, to be assessed by the 14 commissioner after an opportunity to be heard pursuant to the provisions 15 of section 71-1709 of this article, or by the court in any action or 16 proceeding pursuant to section 71-2727 of this title, and, in addition 17 thereto, such person may by similar process be enjoined from continuing 18 such violation and any permit or certificate issued to such person may 19 be revoked or suspended or a pending renewal application denied. In the 20 case of a second and any further violation, the liability shall be for a 21 civil penalty not to exceed seventy-five thousand dollars for each such 22 violation and an additional penalty not to exceed seventy-five thousand 23 dollars for each day during which such violation continues or five times 24 the damages in cases where the department has issued an order pursuant 25 to title 9, 11, or 13 of article 27 to a person liable pursuant to this 26 section and such person has unreasonably or in bad faith failed or 27 refused to comply with such order. 28 § 4. This act shall take effect immediately.
