Permits counties, towns, cities and villages to dispose of drugs by incineration without first obtaining a variance

BILL NUMBER:S183

Title of bill

An act to amend the environmental conservation law, in relation to the disposal of drugs by incineration

Purpose

To permit counties, towns, cities and villages (municipalities) to dispose of drugs by incineration without first obtaining a variance.

Summary of provisions

Section 1 amends Title 27 of Article 27 of the environmental conservation law as added by chapter 625 of the laws of 2008 to create a new section 27-2705.

Section 27-2706 allows any county, town, city or village in the state to apply to the department for a permit to incinerate unused, unwanted or expired drugs at facilities owned and maintained, by such municipalities with the manner and form to be determined by the department. It will allow the municipality to get a permit without also requiring a variance from the department. The department as part of the application process will take sufficient steps to make sufficient inspections of the incineration facilities for which such permit is sought in order to ensure that the disposal of drugs by incineration will comply with all environmental and health requirements associated with incineration.

Justification

In order to address the emerging environmental and public health concerns associated with improper disposal of unused and expired medication municipalities have been sponsoring "unwanted pharmaceutical collection events". The requirement of continuously applying for variances for each event puts an onerous burden on the municipality. This bill would alleviate this burden by allowing municipalities to apply for a permit which would let them hold events without individual variances.

Bill history

S4967 of 2009/2010; Referred to Environmental Conservation

FISCAL IMPLICATIONS:None

Effective date

This act shall take effect on the thirtieth day after it shall become a law.