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NY S02885

Bill

Status

Introduced

1/25/2023

Primary Sponsor

Leroy Comrie

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Environmental Conservation1/25/2023

Full Bill Text

No bill text available