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

                                 6836--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT, COLTON, LIFTON, PEOPLES-STOKES,
  SCHIMEL, GOTTFRIED, GALEF, ROSENTHAL,  ARROYO,  COOK,  SIMON,  STIRPE,
  MOSLEY,  SEAWRIGHT  --  Multi-Sponsored by -- M. of A. GLICK, SOLAGES,
  THIELE -- read once and referred to  the  Committee  on  Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation in accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
                                                           LBD01400-03-6
              

A. 6836--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, 2021.