S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9287--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2024
                                ___________
 
 Introduced  by  M.  of  A. LEVENBERG, BURDICK, SLATER, PAULIN, BRABENEC,
   FLOOD, WALSH -- read once and referred to the  Committee  on  Environ-
   mental  Conservation  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing nutrient inactivant application permits

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 17 of the environmental conservation law is amended
 by adding a new title 23 to read as follows:
                                 TITLE 23
                SPECIAL PERMITS FOR APPLICATION OF NUTRIENT
                                INACTIVANTS
 SECTION 17-2301. DEFINITIONS.
         17-2303. NUTRIENT INACTIVANT APPLICATION PERMITS.
         17-2305. DENIAL OR REVOCATION OF PERMITS.
         17-2307. PERMIT FEES.
         17-2309. REGULATIONS.
 § 17-2301. DEFINITIONS.
   AS USED IN THIS TITLE THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "NUTRIENT  INACTIVANT  APPLICATION BUSINESS" SHALL MEAN A BUSINESS
 THAT COMMERCIALLY APPLIES NUTRIENT INACTIVANTS.
   2. "NUTRIENT INACTIVANTS" SHALL MEAN  PRODUCTS  USED  FOR  CONTROLLING
 PHOSPHORUS LEVELS IN LAKES OR PONDS TO PREVENT AND INHIBIT HARMFUL ALGAL
 BLOOMS  INCLUDING  ALUMINUM  SULFATE,  SODIUM  ALUMINATE, LANTHANUM, AND
 OTHER SUCH PRODUCTS AS DETERMINED BY THE DEPARTMENT.
   3. "APPLICATION OF NUTRIENT INACTIVANTS"  SHALL  MEAN  THE  COMMERCIAL
 APPLICATION OF NUTRIENT INACTIVANTS.
   4. "NUTRIENT INACTIVANT APPLICATOR" SHALL BE A PERSON CERTIFIED BY THE
 DEPARTMENT PURSUANT TO SECTION 17-2303 OF THIS TITLE.
   5. "NUTRIENT INACTIVANT APPLICATION PERMIT" SHALL MEAN A SPECIAL SPDES
 PERMIT  ISSUED  UNDER THIS TITLE FOR THE APPLICATION OF NUTRIENT INACTI-
 VANTS. SUCH PERMIT SHALL BE CONSIDERED A SPDES PERMIT ISSUED UNDER TITLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13387-05-4
 A. 9287--A                          2
 
 EIGHT OF THIS ARTICLE AND SHALL HAVE THE SAME  REQUIREMENTS  AND  PRIVI-
 LEGES  AS  A  SPDES  PERMIT  ISSUED  UNDER  TITLE EIGHT OF THIS ARTICLE;
 PROVIDED, HOWEVER, WHERE THE REQUIREMENTS AND  PRIVILEGES  OF  A  PERMIT
 ISSUED  UNDER  THIS  TITLE  IS INCONSISTENT WITH THAT OF A PERMIT ISSUED
 UNDER TITLE EIGHT OF  THIS  ARTICLE,  THE  REQUIREMENTS  AND  PRIVILEGES
 DESCRIBED IN THIS TITLE SHALL APPLY.
 § 17-2303. NUTRIENT INACTIVANT APPLICATION PERMITS.
   1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION UNDER THIS
 TITLE,  A  PERSON WHO HAS A VALID NUTRIENT INACTIVANT APPLICATION PERMIT
 ISSUED BY THE COMMISSIONER MAY ENGAGE IN THE COMMERCIAL  APPLICATION  OF
 NUTRIENT INACTIVANTS.
   2.  APPLICATION  FOR A NUTRIENT INACTIVANT APPLICATION PERMIT SHALL BE
 MADE TO THE COMMISSIONER. THE APPLICATION SHALL BE ON A FORM  PRESCRIBED
 BY THE COMMISSIONER AND SHALL BE ACCOMPANIED BY THE FEE OR FEES PROVIDED
 IN  SECTION 17-0821 OF THIS ARTICLE. THE APPLICATION SHALL SET FORTH THE
 REASONS FOR WHY THE APPLICANT IS APPLYING FOR THE PERMIT, INCLUDING:
   (A) THE WATER BODIES FOR WHICH THE APPLICANT SEEKS TO USE  A  NUTRIENT
 INACTIVANT UNDER THE PERMIT;
   (B)  WHAT OTHER MEASURES HAVE BEEN TAKEN FOR THE CONTROL OF PHOSPHORUS
 AND HARMFUL ALGAL BLOOMS  WITH  RESPECT  TO  THE  RELEVANT  WATERBODIES,
 INCLUDING MECHANICAL METHODS OF CONTROL, AND THE OUTCOMES OF THOSE MEAS-
 URES TAKEN; AND
   (C)  WHY  THE  USE  OF A NUTRIENT INACTIVANT WOULD BE MORE APPROPRIATE
 THAN OTHER METHODS OF CONTROL.
   3. AN APPLICANT FOR A NUTRIENT INACTIVANT APPLICATION PERMIT SHALL:
   (A) PROVIDE PROOF TO THE COMMISSIONER OF SUCH APPLICANT'S KNOWLEDGE OF
 THE SAFE AND PROPER USE, HANDLING,  STORAGE  AND  DISPOSAL  OF  NUTRIENT
 INACTIVANTS AND APPLICATION EQUIPMENT AND/OR SATISFY THE COMMISSIONER AS
 TO  THE  APPLICANT'S KNOWLEDGE AND EXPERIENCE CONCERNING THE PROPER USE,
 HANDLING, STORAGE, AND DISPOSAL OF NUTRIENT INACTIVANTS AND  APPLICATION
 EQUIPMENT; AND
   (B)  BE  A  CERTIFIED  PESTICIDE  APPLICATOR,  AS  PROVIDED IN SECTION
 33-0905 OF THIS CHAPTER, QUALIFIED TO APPLY PESTICIDES  TO  STANDING  OR
 RUNNING WATER, AND BE EMPLOYED BY, OR THE OWNER OR AGENT OF A REGISTERED
 PESTICIDE BUSINESS OR AGENCY.
   4.  NUTRIENT  INACTIVANT  APPLICATION PERMITS SHALL BE VALID FOR THREE
 YEARS AFTER WHICH EVERY PERMIT MUST BE RENEWED.
   5. A PERSON WITH A VALID NUTRIENT INACTIVANT APPLICATION PERMIT  SHALL
 MAINTAIN  SUCH  RECORDS  AND  SHALL  FURNISH SUCH REPORTS CONCERNING THE
 APPLICATION OF NUTRIENT INACTIVANTS AS THE COMMISSIONER  SHALL  REQUIRE.
 ALL  RECORDS  REQUIRED  TO BE KEPT UNDER THIS SECTION SHALL BE AVAILABLE
 FOR INSPECTION BY THE COMMISSIONER.
 § 17-2305. DENIAL OR REVOCATION OF PERMITS.
   THE COMMISSIONER, AFTER DUE NOTICE AND OPPORTUNITY OF  HEARING  TO  AN
 APPLICANT OR PERSON WITH A VALID NUTRIENT INACTIVANT APPLICATION PERMIT,
 MAY  DENY  AN  APPLICATION OR REVOKE A PERMIT PURSUANT TO TITLE EIGHT OF
 THIS ARTICLE.
 § 17-2307. PERMIT FEES.
   ALL FEES ESTABLISHED BY THE COMMISSIONER PURSUANT TO THIS TITLE  SHALL
 BE THE SAME AS THOSE ESTABLISHED BY SECTION 17-0821 OF THIS ARTICLE.
 § 17-2309. REGULATIONS.
   THE  DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE IMPLEMENTATION OF
 THIS TITLE.
   § 2.  Section 33-0103 of the environmental conservation law is amended
 by adding a new subdivision 4 to read as follows:
 A. 9287--A                          3
 
   4. THIS ARTICLE SHALL NOT APPLY TO THE APPLICATION OF NUTRIENT INACTI-
 VANTS, AS SUCH TERM IS DEFINED IN SECTION 17-2301 OF THIS CHAPTER, BY  A
 PERSON  HOLDING  A  NUTRIENT  INACTIVANT  APPLICATION PERMIT UNDER TITLE
 TWENTY-THREE OF ARTICLE SEVENTEEN OF THIS CHAPTER.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 17-0833 to read as follows:
 § 17-0833. SPDES PERMITS; NUTRIENT INACTIVANT APPLICATION PERMIT.
   FOR THE  PURPOSES  OF  THIS  TITLE,  NUTRIENT  INACTIVANT  APPLICATION
 PERMITS ISSUED UNDER TITLE TWENTY-THREE OF THIS ARTICLE SHALL BE CONSID-
 ERED  A  SPECIAL TYPE OF SPDES PERMIT. SPDES PERMITS SHALL NOT BE ISSUED
 FOR THE APPLICATION OF NUTRIENT INACTIVANTS, AS SUCH TERM IS DEFINED  IN
 SECTION  17-2301  OF  THIS  ARTICLE,  EXCEPT AS PROVIDED FOR UNDER TITLE
 TWENTY-THREE OF THIS ARTICLE.
   § 4. The environmental conservation law is amended  by  adding  a  new
 section 71-1947 to read as follows:
 § 71-1947. ENFORCEMENT OF TITLE 23 OF ARTICLE 17.
   ANY PERSON WHO VIOLATES ANY PROVISION OF TITLE 23 OF ARTICLE 17 OR ANY
 RULE,  REGULATION  OR  ORDER  ISSUED  THEREUNDER  SHALL BE LIABLE TO THE
 PEOPLE OF THIS STATE FOR A CIVIL PENALTY OF UP TO ONE  THOUSAND  DOLLARS
 FOR A FIRST VIOLATION TO BE ASSESSED BY THE COMMISSIONER AFTER A HEARING
 OR  OPPORTUNITY  TO  BE HEARD. IN DETERMINING THE AMOUNT OF THE PENALTY,
 THE COMMISSIONER SHALL TAKE INTO ACCOUNT WHETHER THE VIOLATION POSED  AN
 IMMEDIATE  THREAT  TO    THE ENVIRONMENT OR THE HEALTH AND SAFETY OF THE
 PUBLIC. ANY SUBSEQUENT VIOLATION OF THIS TITLE AND/OR ANY  PROVISION  OF
 THIS  ARTICLE  AS  IT RELATES TO THE APPLICATION OF NUTRIENT INACTIVANTS
 SHALL BE TREATED AS A VIOLATION TO WHICH SECTION 71-1929 OF  THIS  TITLE
 APPLIES.
   §  5.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.