Provides DEC the authority for abatement of certain noncompliant vehicle dismantling facilities and closed solid waste landfills

BILL NUMBER:S4223

Title of bill

An act to amend the environmental conservation law, in relation to providing authority for abatement of certain noncompliant vehicle dismantling facilities and closed solid waste landfills

Purpose of the Bill:

This bill would authorize the Department of Environmental Conservation (DEC) to use funds from the Waste Management and Cleanup Fund to abate non-compliant municipal solid waste landfills closed prior to 1993 and vehicle dismantling facilities.

Summary of Provisions:

Section 1 of the bill would add a new paragraph (d) to Environmental Conservation Law (ECL) § 27-1915(1) to permit DEC to use funds from the Waste Management and Cleanup Fund, under certain conditions, to pay for expenses incurred by the agency in undertaking abatement or remedial activities associated with non-compliant municipal solid waste landfills closed prior to 1993 and vehicle dismantling facilities.

Section 2 of this bill would provide that the bill would take effect on January 1, 2014.

Existing Law: Title 19 of Article 27 of the ECL, which authorizes DEC to abate noncompliant waste tire stockpiles, was established by Part V1 of Chapter 62 of the Laws of 2003. The purposes for which the Waste Management and Cleanup Fund may be utilized by DEC were revised and expanded by Part DD of Chapter 59 of the Laws of 2010 to include the administration and enforcement of Article 27, except for Titles 13 (Superfund) and 14 (Brownfields). Title 23 of Article 27 requires DEC to regulate the operation of vehicle dismantling facilities.

Prior Legislative History: This is a new proposal.

Statement in Support: Across the state, there are various discharges of pollutants associated with a number of vehicle dismantling facilities and closed landfills that are causing adverse impacts to groundwater, surface waters and the soil. For example, there are almost 900 known inactive landfills, many of which were closed before 1993, when landfill closure regulations required only a final cover consisting of two feet of compacted soil and did not require financial assurance for post-closure care and maintenance. Many of these landfills do not have effective liners and leachate collection systems. Similarly, many of the over 750 vehicle dismantling facilities in the state regulated by DEC have significant environmental contaminants on-site. Many of these facilities also have discharges to the environment associated with storage solid and hazardous waste, and petroleum

Owners of inactive landfills and vehicle dismantling facilities may be defunct or unable, because of a lack of resources, to make needed repairs to mitigate the impacts to public health and the environment. Under existing law, DEC lacks any legal mechanism to pay for appropriate repairs and monitoring of such facilities.

The bill would authorize DEC to use funds from the Waste Management and Cleanup Fund to abate environmental discharges from closed landfills and vehicle dismantling facilities when they are abandoned or the property owner lacks sufficient funding to undertake necessary remediation. DEC has similar authority to undertake the remediation of waste tire stockpiles, which has successfully addressed the majority of those sites. This bill would allow DEC to use state resources to ensure protection of public health and the environment at contaminated facilities.

Budget Implications: None.

Local Impact: This bill would result in no financial impact to local governments but may improve the attractiveness of communities by remedying eyesores and contaminated sites. In some cases, these remediated sites may be able to be redeveloped by the community.

Effective Date: This bill would take effect January 1, 2014.