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NY S02885
Bill
Status
1/25/2023
Primary Sponsor
Leroy Comrie
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AI Summary
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Creates new section 27-0111 establishing liability for persons responsible for illegal waste disposal to pay response costs and natural resource damages, recoverable by the department, state agencies, or municipalities through court action.
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Authorizes the state to file a lien on all property owned by responsible parties after the department files a notice of lien in the county clerk's office, attaching to revenues and all real and personal property regardless of insolvency.
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Establishes that department expenditures for cleanup constitute a debt owed by the responsible party to the state, with the lien amount based on cleanup, removal, and related costs expended.
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Increases civil penalties for first violations to treble damages and for subsequent violations to five times damages when a person unreasonably or in bad faith fails to comply with a department order under titles 9, 11, or 13 of article 27.
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Takes effect immediately upon enactment.
Legislative Description
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.
Last Action
REFERRED TO ENVIRONMENTAL CONSERVATION
1/3/2024