Int. No. 83
By Council Members Michels, Fisher, Dear, DiBrienza, Malave-Dilan, Henry, Linares, Marshall, Pinkett, McCaffrey and Duane; also Council Members Robles,Sabini and Perkins.
A Local Law to amend the administrative code of the city of New York, in relation to imposing a moratorium on the authorization of new private solid waste transfer stations and on the expansion of capacity at existing private solid waste transfer stations.
Be it enacted by the Council as follows:
Section one. Legislative Intent and findings. Local Law 40 of 1990 was enacted to address several problems relating to the operation of private solid waste transfer stations, particularly putrescible solid waste transfer stations, and to provide the City with comprehensive enforcement authority against private solid waste transfer stations that are operated in violation of City laws and rules.
Prior to the enactment of Local Law 40, the Department of Health maintained jurisdiction over putrescible solid waste transfer stations in accordance with Article 157 of the Health Code while the Department of Sanitation regulated non putrescible solid waste transfer stations.
One of Local Law 40's most significant provisions is a requirement that the Department of Sanitation, in consultation with the City's Commissioners of Health and Environmental Protection, establish siting requirements for transfer stations, which the Department has failed to effectively do. In 1996 the City was sued because of this failure and in March 1997, the New York State Supreme Court held that Local Law 40 requires the Department to promulgate these rules. In December 1997, the New York State Supreme Court, Appellate Division, unanimously affirmed the lower court opinion.
The Council has maintained oversight of the operation of private solid waste transfer stations both in the context of hearings on Local Law 40 and hearings relating to the State legislatively mandated closure of the Fresh Kills landfill after January 1, 2002. During the course of these oversight hearings, the Council received testimony indicating the following: (i) certain areas of the City contain a disproportionate number of transfer stations, which is one of the issues that could be addressed by siting rules; (ii) the Department does not expeditiously complete environmental reviews of applications for permits for new transfer station permits, requests for variances and requests for expanded capacity at existing transfer stations, and authorizes these transfer stations to operate while such environmental reviews are pending; (iii) a number of solid waste transfer stations have been operating pursuant to consent orders with the Department or other authorizations, rather than pursuant to a permit; and (iv) there is inadequate enforcement against operators who violate the relevant laws and rules (i.e., renewal of permits of operators with a history of violations, poor coordination of enforcement between the Department and other City agencies and an insufficient number of enforcement personnel).
Additionally, in October 1997 the Council received reports of continued problems with respect to odors generated at existing putrescible solid waste transfer stations caused by the failure of such transfer stations to install, and the Department to require, ventilation systems in accordance with the Department's rules and the issuance of permits prior to the receipt of complete permit applications.
In light of (i) the failure of the Department of Sanitation to promulgate siting rules as mandated by Local Law 40 of 1990 and the issues raised with respect to its administration and enforcement of existing private solid waste transfer station rules; (ii) the legal obligation to close the Fresh Kills landfill; (iii) the failure of the Administration to propose to the Council an update of and modification to the City's Solid Waste Management Plan that comprehensively examines the impact of the landfill closure on private solid waste transfer stations; (iv) the Department's November 17, 1997 solicitation of bids for the export of solid waste generated in Queens and Brooklyn through land based transfer stations, and (v) the Department's testimony that it will not award a contract to any private vendor to export waste from City owned marine transfer stations until August 1998, it is the strongly held view of the Council that no further authorizations to operate new private solid waste transfer stations or to expand existing ones should be approved until December 31, 1998.
It is the Council's belief that this time period will provide sufficient time for the Department to promulgate effective siting rules in accordance with Local Law 40, complete the update and modification of the City's Solid Waste Management Plan and provide the Council with sufficient time to consider regulatory changes that may be appropriate and undertake any necessary legislative action.
§2. Notwithstanding the provisions of sections 16-130 and 16-131.1 of the administrative code of the city of New York and any rules promulgated thereto, no permit or other authorization to operate shall be issued during the period from the twenty-second day of January, nineteen hundred ninety eight until the thirty first day of December, nineteen hundred ninety eight for a putrescible solid waste transfer station or non putrescible solid waste transfer station, as defined in section 16-131 of such code, that was not lawfully operating on the twenty-second day of January, nineteen hundred ninety eight nor may any putrescible solid waste transfer station or non putrescible solid waste transfer station that was lawfully operating on the twenty second day of January, nineteen hundred ninety eight be authorized during such period to increase its lawful capacity. No consent order or other authorization to operate a putrescible solid waste transfer station or a non-putrescible solid waste transfer station that is in effect on the twenty-second day of January, nineteen hundred ninety-eight may be amended where the effect of such amendment is to extend the period of time by which any person subject to the consent order or other authorization must perform any act or satisfy any obligation required by such consent order or other authorization as of such date.
§3. This local law shall take effect immediately upon its enactment into law and shall be deemed to have been in full force and effect on the twenty second day of January, nineteen hundred ninety eight.
Referred to the Committee on Environemntal Protection.
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11/24/97 11:15 pm
Int. No. 1082