Requires disclosure of environmental conservation permit applicant's record of compliance with state, federal, and foreign environmental regulations

BILL NUMBER:A4110A

Title of bill

An act to amend the environmental conservation law, in relation to review of permit applicants on record of compliance

Purpose or general idea of bill

This bill would authorize DEC to conduct an inquiry into an applicant's background as part of a permit application or review. DEC would be authorized to revoke or deny permits to unsuitable persons based upon statutory criteria that includes past violations of the applicant or permit holder. This bill would ensure that persons who are unsuitable to carry out responsibilities under DEC permits are not authorized to do so.

Summary of specific provisions

Adds a new section 3-0313 to the Envi- ronmental Conservation Law to require DEC to review a permit applicant's record of compliance with the Environmental Conservation Law (ECL).

Justification

Persistent or significant violators of the ECL should not have a permit renewed or be allowed to obtain new permits after committing breaches of the law directly relating to their ability to carry out the authorized activities in a lawful and environmentally responsible manner. If a permit is issued to a prior violator, it may be appropriate to impose strict reporting or monitoring conditions on such permits, or to require an environmental monitor on-site.

Compliance with the ECL and enforcement against those who violate the ECL can be advanced by ensuring that the permit review procedures incor- porate such consideration at the earliest possible date in the review process.

Prior legislative history

A.5521 (1995-96), A.1623 (1997-98), A.5967-A (2003-04), A.1801 (200506). A1099 (2007-2008).

Fiscal implications

None.

EFFECTIVE DATE:This act shall take effect on the 60th day after it shall have become law.