Bill Text: NY S01124 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes Westchester county to require that local marinas provide for the handling and disposal of sewage from watercraft holding tanks; directs the department of environmental conservation to request, from the federal environmental protection agency, a "no-discharge zone" designation of waters within the marine jurisdictional boundaries of Westchester county.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-25 - COMMITTEE DISCHARGED AND COMMITTED TO ENVIRONMENTAL CONSERVATION [S01124 Detail]

Download: New_York-2009-S01124-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1124
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2009
                                      ___________
       Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
         when printed to be committed to the  Committee  on  Cultural  Affairs,
         Tourism, Parks and Recreation
       AN  ACT  to  amend  the  navigation  law,  in relation to regulating the
         disposal of sewage from watercraft and  marinas  and  prohibiting  the
         littering of waterways
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 8 of section 33-c of  the  navigation  law,  as
    2  amended  by  chapter  199  of  the  laws  of 1999, is amended to read as
    3  follows:
    4    8. All marinas that provide pumpout facilities and dump  stations  for
    5  the  handling and disposal of sewage from marine holding tanks and port-
    6  able toilets shall do so in a manner that will prevent the pollution  of
    7  the  surface  waters  of  the  state.  The  facilities for unloading and
    8  disposal of such sewage shall be approved by either  the  local  or  the
    9  state  health department in accordance with [guidelines set forth by the
   10  department in consultation with the department of health]  THE  REQUIRE-
   11  MENTS  ESTABLISHED  PURSUANT  TO  SUBDIVISION  TEN  OF THIS SECTION. The
   12  department of environmental conservation shall  require  that  municipal
   13  sewage  treatment  facilities  accept such waste originating from marine
   14  holding tanks and portable toilets unless  the  commissioner  determines
   15  that  such  action would cause an unacceptable threat to human health or
   16  the environment or the operation of a sewage treatment plant.   NOTWITH-
   17  STANDING THE FOREGOING, WESTCHESTER COUNTY SHALL BE EMPOWERED TO REQUIRE
   18  BY ENACTMENT OF A LOCAL LAW, THAT ANY MARINA, WITHIN THE COUNTY OF WEST-
   19  CHESTER,  PROVIDE  FOR  THE HANDLING AND DISPOSAL OF SEWAGE FROM HOLDING
   20  TANKS OF WATERCRAFT IN ACCORDANCE WITH THE PROVISIONS OF SUCH LOCAL LAW.
   21    S 2. Section 33-c of the navigation law is amended  by  adding  a  new
   22  subdivision 11-a to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01146-01-9
       S. 1124                             2
    1    11-A.  THE  DEPARTMENT  IS HEREBY DIRECTED TO REQUEST FROM THE FEDERAL
    2  ENVIRONMENTAL PROTECTION AGENCY, PURSUANT TO 40 C.F.R. S 140.4, A DESIG-
    3  NATION THAT WATERS OF THIS STATE WITHIN THE MARINE JURISDICTIONAL BOUND-
    4  ARIES OF WESTCHESTER COUNTY, (MID-POINT OF THE HUDSON RIVER AND THE LONG
    5  ISLAND  SOUND),  BE  DEEMED A "NO-DISCHARGE ZONE." SUCH REQUEST SHALL BE
    6  MADE NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS  SUBDIVI-
    7  SION.
    8    S 3. This act shall take effect immediately.