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

                                 5464--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2013
                               ___________

Introduced  by  M.  of  A. SWEENEY, WEISENBERG, KAVANAGH, GLICK, TITONE,
  ROSENTHAL, OTIS, COLTON, GOTTFRIED, LIFTON -- Multi-Sponsored by -- M.
  of A. ABINANTI, JAFFEE, O'DONNELL, ROBERTS, SCHIMEL, THIELE, ZEBROWSKI
  -- read once and referred to the Committee on Environmental  Conserva-
  tion  -- recommitted to the Committee on Environmental Conservation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  wastewater treatment facilities

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 17-0513 to read as follows:
S 17-0513. STANDARDS OF PERFORMANCE FOR WASTEWATER FACILITIES.
  NO  WASTEWATER TREATMENT FACILITY IN THE STATE SHALL ACCEPT ANY WASTE-
WATER FROM HYDRAULIC FRACTURING OPERATIONS UNLESS  SUCH  FACILITY  MEETS
THE REQUIREMENTS ESTABLISHED IN SECTION 17-0709 OF THIS ARTICLE.
  S  2.  The  environmental  conservation law is amended by adding a new
section 17-0709 to read as follows:
S 17-0709. WASTEWATER TREATMENT FACILITIES.
  NOTWITHSTANDING ANYTHING TO  THE  CONTRARY  CONTAINED  IN  SUBDIVISION
TWENTY-ONE  OF  SECTION  17-0105 OF THIS ARTICLE, THE COMMISSIONER SHALL
PROMULGATE REGULATIONS ESTABLISHING A STANDARD OF  PERFORMANCE  FOR  THE
CONTROL  OF  THE  DISCHARGE  OF  POLLUTANTS  FROM FACILITIES WHICH TREAT
WASTEWATER  FROM  HYDRAULIC  FRACTURING  OPERATIONS.  THIS  STANDARD  OF
PERFORMANCE SHALL PERMIT NO DISCHARGE OF POLLUTANTS, OR IF NOT FEASIBLE,
SHALL  REFLECT  THE  GREATEST  DEGREE  OF  EFFLUENT REDUCTION ACHIEVABLE
THROUGH APPLICATION OF THE BEST AVAILABLE DEMONSTRATED CONTROL TECHNOLO-
GY, PROCESSES, OPERATING METHODS, OR OTHER ALTERNATIVES.  THIS  STANDARD
OF  PERFORMANCE  SHALL REMAIN IN EFFECT UNTIL SUCH TIME THAT THE FEDERAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04767-02-4
              

A. 5464--A                          2

GOVERNMENT DETERMINES THAT A GREATER DEGREE OF  EFFLUENT  LIMITATION  IS
ACHIEVABLE  BY  THIS CATEGORY OF FACILITIES, AT WHICH TIME THIS STANDARD
OF PERFORMANCE SHALL BE SUPERSEDED BY SUCH FEDERAL STANDARD.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect January 1, 2019.