S T A T E   O F   N E W   Y O R K
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                                  5849

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by  M.  of  A.  KAVANAGH, COLTON, COOK, JAFFEE, STEVENSON --
  Multi-Sponsored by -- M.   of A. GOTTFRIED,  MAYERSOHN,  P. RIVERA  --
  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
substances  or  the  processes  that  produce  them, or both, with safer
alternatives;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06670-01-1
              

A. 5849                             2

  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
EXPERT COMMENT. THE PANEL SHALL CONSIST OF FIFTEEN MEMBERS, INCLUDING AT
LEAST  ONE  INDEPENDENT  EXPERT  IN EACH OF THE FIELDS OF PUBLIC HEALTH,

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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.