Relates to permit application requirements for regulated medical waste treatment, storage or disposal facilities

Title of bill

An act to amend the environmental conservation law, in relation to permit application requirements for regulated medical waste treatment, storage or disposal facilities

Purpose or general idea of bill

To preclude the Department of Environmental Conservation from issuing permits for the construction and operation of medical waste transfer stations in areas where the local land use and zoning laws or regulations prohibit siting and or operation of such a facility in that area.

Summary of specific provisions

The legislation amends subdivision 5 section 27-1513 as amended by chapter 180 of the laws of 1989 is amended to read as follows: 5. As a condition of approval for such a permit, any person who operates a facility for treatment, storage and disposal of regulated medical waste shall provide (a) proof of liability insurance or other form of financial security deemed sufficient by the commissioner to meet all responsibilities in case of release of such waste causing damage and (b) certification that such activities conform with existing local zoning laws or ordinances.

Justification

There are facilities that collect and process regulated medical waste throughout the State of New York. Although these facilities are needed to manage this potentially hazardous type of waste, it is our responsibility to ensure that they are not operating in areas that pose a health risk to the neighborhood residents. To minimize this risk to their citizens, many facilities have implemented zoning regulations meant to ensure that these facilities do not operate in densely populated areas. However, the Department of Environmental Conversation lacks the jurisdiction to consider local zoning restriction in their permit application review process. As such their practice currently is to accept, review and approve permit applications without regard to whether or not they are in compliance with local zoning requirements. In many instances, the DEC issues permit for the construction and operation of such facilities in instances where their operation will clearly violate local city zoning laws. Once the DEC issues permits to these facilities, these companies must then seek variances to the city's zoning requirements in order to operate. However, many of these companies do not bother to expand the time and money necessary to seek a variance. For this reason, many of these facilities operate in areas where the city zoning prohibit the use of the area for such a facility. In such instances, the city bears the burden of enforcing the local zoning laws.

In an effort to ensure that city zoning laws are not violated, this legislation will ensure that DEC does not consider applications for permits where the operators of these facilities are not in compliance with local zoning laws. It provides that applications for permits to operate medical waste transfer stations are deemed incomplete until the applicant is in compliance with local zoning regulations.

Prior legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.