S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   708

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. KAVANAGH, COLTON, COOK, JAFFEE -- Multi-Sponsored
  by  --  M. of A.   GOTTFRIED, JOHN, MAYERSOHN, THIELE -- read once and
  referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to elim-
  inating certain discharges of chlorine compounds  into  state  waters,
  and for other purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act may be cited as  the  "chlorine  zero
discharge act".
  S 2. Legislative intent. The legislature finds that:
  1.  toxic substances that persist or bioaccumulate in the environment,
build to higher and  higher  concentration  over  time,  reaching  their
greatest  levels  in  the  tissues  of  species  high on the food chain,
including humans;
  2. toxic substances that persist or bioaccumulate in  the  environment
are  biologically  active in infinitesimal quantities, causing reproduc-
tive  failure,  birth  defects,   developmental   impairment,   hormonal
disruption,  behavioral  disorders, immune suppression and cancer at low
doses, and mixtures of these substances may cause these effects at  even
lower doses;
  3.  regulatory  approaches  that  permit  even  limited production and
discharge of toxic substances that persist or  bioaccumulate  result  in
the  accumulation  of these substances in the environment and food chain
over time and subsequent damage  to  the  health  of  humans  and  other
species;
  4.  the  most favored method of preventing the continued contamination
of the environment from persistent or bioaccumulative  toxic  substances
is  to  phase  out  their  production or use over time and replace these

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01772-01-9
              

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substances or the processes that  produce  them,  or  both,  with  safer
alternatives;
  5.  among the persistent or bioaccumulative toxic substances of great-
est concern are organochlorines discharged in the production of pulp and
paper as a result of the  use  of  chlorine  or  any  other  chlorinated
oxidizing agents in the pulp and paper manufacturing process;
  6.  the  Great Lakes Water Quality Agreement between the United States
and Canada concludes that the discharge of  toxic  substances  in  toxic
amounts  be  prohibited and the discharge of any or all persistent toxic
substances be virtually eliminated; and
  7. in the Sixth Biennial Report on  Great  Lakes  Water  Quality,  the
International  Joint  Commission  on Great Lakes Water Quality concluded
that the concepts of virtual elimination and zero discharge are consist-
ent and a clear statement or direction to take  to  achieve  the  Agree-
ment's  purpose.  The overall strategy or aim regarding persistent toxic
substances is virtual elimination, and the tactic or method to  be  used
to  achieve  the  aim  is  through  zero  input  or  discharge  of those
substances created as a result of human activity.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 17-0830 to read as follows:
S  17-0830.  DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, OR META-
             BOLITES.
  1. (A) EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
EACH  PULP AND PAPER MANUFACTURING FACILITY SHALL ACHIEVE ZERO DISCHARGE
INTO WATER OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS OR METABOLITES FORMU-
LATED AS A RESULT OF THE  USE  OF  CHLORINE  OR  ANY  OTHER  CHLORINATED
OXIDIZING AGENT IN THE PULP AND PAPER MANUFACTURING PROCESS.
  (B) EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL
EXISTING  AND  NEW  PERMITS  UNDER THIS CHAPTER FOR PAPER AND PULP MILLS
WHICH USE CHLORINE  OR  ANY  OTHER  CHLORINATED  OXIDIZING  AGENT  SHALL
REQUIRE  COMPLIANCE  WITH  THE  ZERO  DISCHARGE REQUIREMENT SET FORTH IN
PARAGRAPH (A) OF THIS SUBDIVISION.
  2. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
COMMISSIONER  SHALL  EVALUATE ALTERNATIVES TO THE USE OF ORGANOCHLORINES
IN THE MANUFACTURING OF PULP AND PAPER, AND SHALL PUBLISH  A  REPORT  ON
THE  TRANSFER  OF TECHNOLOGY IN THE PULP AND PAPER INDUSTRY FROM ORGANO-
CHLORINE  TO  CHLORINE-FREE  TECHNOLOGY  AS  A   MODEL   FOR   POLLUTION
PREVENTION.  WITHIN  EIGHTEEN  MONTHS  AFTER  THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT SHALL BEGIN PROVIDING TECHNICAL INFORMATION  AND
SUPPORT  TO ASSIST PERMIT APPLICANTS IN THE USE OF ALTERNATIVES TO ORGA-
NOCHLORINE COMPOUNDS IN THE PRODUCTION OF PULP AND PAPER.
  3. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
THE  COMMISSIONER SHALL COMPLETE A REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE ON NOT READILY IDENTIFIED SOURCES AND  INDUSTRIAL  DISCHARGES  OF
ORGANOCHLORINE  COMPOUNDS  AND  THEIR  BYPRODUCTS  AND  METABOLITES INTO
WATER. THE REPORT SHALL INCLUDE A LISTING OF ALL TYPES OR CATEGORIES  OF
NONPOINT SOURCES AND INDUSTRIAL ORGANOCHLORINE DISCHARGES INTO WATER AND
THEIR  BYPRODUCTS AND METABOLITES. THE REPORT SHALL ALSO INCLUDE A LIST-
ING OF THE ANNUAL QUANTITIES OF EACH ORGANOCHLORINE COMPOUND  DISCHARGED
INTO  WATER STATEWIDE AND BY PERMITTED FACILITY, TOGETHER WITH A LIST OF
EACH PERMITTED FACILITY'S LOCATION AND QUANTITIES  OF  COMBINED  ORGANO-
CHLORINE  COMPOUND  DISCHARGES  INTO  WATER.    THE REPORT SHALL CONTAIN
RECOMMENDATIONS FOR ACHIEVING A  ZERO  DISCHARGE  POLICY  FOR  IMPORTANT
CATEGORIES OF ORGANOCHLORINE POLLUTION SOURCES. IN ORDER TO DEVELOP SUCH
RECOMMENDATIONS,  THE  COMMISSIONER SHALL CONVENE AN ADVISORY PANEL. THE
ADVISORY PANEL SHALL CONDUCT PUBLIC  HEARINGS  AND  SOLICIT  PUBLIC  AND

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EXPERT COMMENT. THE PANEL SHALL CONSIST OF FIFTEEN MEMBERS, INCLUDING AT
LEAST  ONE  INDEPENDENT  EXPERT  IN EACH OF THE FIELDS OF PUBLIC HEALTH,
OCCUPATIONAL HEALTH, TECHNOLOGY CHANGE, TOXICS USE REDUCTION, AND ECOLO-
GY,  TWO AFFECTED CITIZENS, AND TECHNICAL AND POLICY EXPERTS FROM INDUS-
TRY, LABOR, PUBLIC INTEREST AND ENVIRONMENTAL GROUPS.  MEMBERS SHALL NOT
BE EMPLOYEES OF THE DEPARTMENT. MEMBERS SHALL NOT  BE  ENTITLED  TO  ANY
COMPENSATION  BUT  SHALL  BE  REIMBURSED  FOR THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  4. FOR THE PURPOSES OF THIS SECTION, THE TERM "ZERO  DISCHARGE"  MEANS
ABSOLUTELY  NO  OUTPUT  OR  RELEASE, INCLUDING NONPOINT SOURCE OUTPUT OR
RELEASE, INTO WATER. THE TERM "ZERO DISCHARGE" DOES NOT MEAN A LESS THAN
DETECTABLE OUTPUT OR RELEASE.
  S 4. This act shall take effect immediately.