New York S 5187: Relates to the recovery of costs for the response costs and damages to natural resources as a result of the illegal disposal of waste

Bill Text

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S05187 Summary:

BILL NOS05187 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §27-0111, amd §§27-1313 & 71-2705, En Con L

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Relates to the recovery of costs for the response costs and damages to natural resources as a result of the illegal disposal of waste; establishes that expenditures made by the department as a result of the illegal disposal of waste shall be a lien against the person who is responsible for such illegal disposal.

Go to top S05187 Actions:

BILL NOS05187 

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02/19/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS05187 Committee&nbspVotes:

Go to topS05187 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05187 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5187

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to the
 recovery of costs for the response costs and damages to natural
 resources as a result of the illegal disposal of waste

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The environmental conservation law is amended by adding a
 2 new section 27-0111 to read as follows:
 3 § 27-0111. Illegal disposal cost recovery.
 4 A person who is responsible for the illegal disposal of waste as
 5 defined in section 27-1301 of this article, or causes a release or a
 6 substantial threat of release of a contaminant which presents a substan-
 7 tial danger to the public health or safety or the environment, shall be
 8 liable for the response costs and for damages to natural resources. The
 9 department, a state agency, or a municipality which undertakes to abate
 10 a public nuisance under this title or take a response action may recover
 11 such response costs and natural resource damages in an action in equity
 12 brought before a court of competent jurisdiction.
 13 § 2. Subdivision 5 of section 27-1313 of the environmental conserva-
 14 tion law, as amended by chapter 857 of the laws of 1982, paragraph g as
 15 amended by chapter 164 of the laws of 1990, is amended to read as
 16 follows:
 17 5. a. Whenever a person ordered to eliminate a threat to the environ-
 18 ment pursuant to paragraph a of subdivision three of this section has
 19 failed to do so within the time limits specified in the order, the
 20 department may develop and implement an inactive hazardous waste
 21 disposal site remedial program for such site. The reasonable expenses of
 22 developing and implementing such remedial program by the department
 23 shall be paid by the person to whom the order was issued and the state

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06374-01-5

 S. 5187 2

 1 may seek to recover such reasonable expenses in any court of appropriate
 2 jurisdiction.
 3 b. Any expenditures made by the department pursuant to this title
 4 shall constitute, in each instance, a debt of the person who is respon-
 5 sible for the disposal of hazardous waste to the state. The debt shall
 6 constitute a lien on all property owned by the person who is responsible
 7 for the disposal of hazardous waste when a notice of lien, incorporating
 8 a description of the property of the person who is responsible for the
 9 disposal of hazardous waste subject to the cleanup and removal and an
 10 identification of the amount of cleanup, removal and related costs
 11 expended by the state, is duly filed in the clerk's office of the county
 12 where the property is situated. The clerk shall promptly enter upon the
 13 civil judgment or order docket the name and address of the person who is
 14 responsible for the disposal of hazardous waste and the amount of the
 15 lien as set forth in the notice of lien. Upon entry by the clerk, the
 16 lien, to the amount committed by the department for cleanup and removal,
 17 shall attach to the revenues and all real and personal property of the
 18 person who is