Relates to registry of preliminary sites under investigation for hazardous waste disposal on the DEC's website

1 Co-sponsor

• Bill Perkins

BILL NUMBER:S5074A

Title of bill

An act to amend the environmental conservation law, in relation to a registry of preliminary sites under investigation for hazardous waste disposal on the department of environmental conservation's website

Purpose or general idea of bill

To increase public disclosure of toxic sites in New York state.

Summary of specific provisions

Section 1. Section 27-1301 of the Environmental Conservation is amended by adding a new subdivision 8 defining "area of concern" to mean any location where the Department is investigating a threat to the environ- ment related to hazardous waste that was known or has been discharged, generated, manufactured, refined, transported, stored, handled, treated or disposed, or where hazardous waste may have migrated.

Section 2. A new section 27-1325 is added to the Environmental Conserva- tion Law relating to the Department maintaining and making available for public inspection at each of its regional offices and regional sub-off- ices, and on its website, a list of all areas of concern. Additionally, for each area of concern the registry shall include information regard- ing the basis for inclusion of each site.

Section 3. Effective Date.

Justification

Inactive Hazardous Waste Disposal Sites (IHWDS) affect nearly every community throughout the State. The New York State Department of Envi- ronmental Conservation (DEC) is responsible for investigating these sites. Except for dire circumstances, the DEC in not required to notify the impacted community of its initial findings and investigation, which in many cases can go on for years. Meanwhile, residents, business owners and future potential landowners or unaware of circumstances that may threaten their health and the environment.

Currently, as the DEC investigates a potential IHWDS the initial stages of investigation (Preliminary Site Assessment and Site Characterization Phases) are often the lengthiest stages and usually take years. Toxic sites being investigated within these stages are often unknown to the public and are not posted within the DEC's online registry. It is only when a site becomes officially "classified" within the State's program does it trigger public disclosure requirement. This legislation would require the DEC to maintain and make available for public inspection at each of its regional offices and regional sub-offices, and on its website, a list of all areas of concern. Additionally, for each area of concern the registry shall include information regarding the basis for inclusion of each site. Areas of concern would include any location where the Department is investigating a threat to the environment related to hazardous waste that was known or has been discharged, gener-

ated, manufactured, refined, transported, stored, handled, treated or disposed, or where hazardous waste may have migrated.

In summary, having DEC maintain and make available for public inspection at each of its regional offices and regional sub-offices, and on its website, a list of areas of concern would significantly increase public disclosure, and help protect public health and the environment.

Prior legislative history

New Legislation, 2011.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January after becoming law.