Stern, Ramos, Griffin, D'Urso, Otis, Gunther, Fahy, Smith
MLTSPNSR
Amd 71-2702, 71-2712, 71-2713 & 71-2714, add Art 27 Title 31 27-3101, En Con L; amd 190.65, Pen L
Relates to the disposal of construction and demolition waste; provides penalties for the unlawful disposal and dealing in construction and demolition wastes; requires waste tracking documents for the disposal of construction and demolition waste; creates the crime of scheme to defraud by disposal of solid waste.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10803a
SPONSOR: Rules (Englebright) TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
disposal of construction and demolition waste; and to amend the penal
law, in relation to creating the crime of scheme to defraud by disposal
of solid waste
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to impose stiffer penalties for the illegal
disposal of waste.
SUMMARY OF PROVISIONS:
This bill would:
- Define relevant terms including construction and demolition waste;
- Establish penalties for individuals who with intent unlawfully
disposes of:
* 10 cubic yards or more, or 20,000 pounds or more of construction
and demolition waste (Class E felony);
* 70 cubic yards or more, or 140,000 pounds of construction and demo-
lition waste (Class D felony)
* Hazardous substance or acutely hazardous substance disposal on the
property of another (Class D felony)
* Intentional disposal of an acutely hazardous substance on the prop-
erty of another (Class C felony)
- Establish a penalty for schemes to defraud involving solid waste and
resulting in property damage of $1,000 or more; and, - Require tracking
manifests for certain construction and demolition waste transport.
JUSTIFICATION:
Large-scale illegal dumping has become a significant problem, especially
in the Long Island region, with communities forced to pay for the costs
rather than the responsible party. In order to discourage illegal dump-
ing from becoming just another cost of doing business, this bill
increases penalties to provide a disincentive for willful large-scale
violators.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on January 1st after becoming law.
