BILL NUMBER: S7336

SPONSOR: PARKER
 
TITLE OF BILL:

An act relating to wastewater treatment

 
SUMMARY OF PROVISIONS:

Section 1: Notwithstanding any contrary provisions of law, no publicly
owned treatment works shall accept wastewater associated with the explo-
ration, delineation, development or production of natural gas where high
volume hydraulic fracturing is utilized.

Section 2: A publicly owned treatment works may appeal to the department
of environmental conservation division of water for an exemption from
section one of this act if it can meet a standard of performance that
shall permit no discharge of pollutants

Section 3: Defines "High volume hydraulic fracturing" or (HVHF)

Section 4: This act shall take effect immediately.

              

 
JUSTIFICATION:

Production brine, or produced water, contains high concentrations of
salts that make it a useful agent for de-icing and dust control.
Production brine, however, also has properties that raise public health
concerns. The Department notes in the draft Supplemental Generic Envi-
ronmental Impact Statement that production brine may contain elevated
concentrations of naturally occurring radioactive materials (NORM), such
as radium and its decay products. The Department further states that
activities with the potential to concentrate NORM need to come under
regulatory oversight to ensure adequate protection of workers, the
public and the environment.  Moreover, independent testing has identi-
fied increased levels of hydrocarbons such as benzene in production
brine from drilling operations in the Marcellus Shale.

In recognition of the potential health impacts from releasing production
brine into the environment, this legislation will prohibit its use for
road and land spreading. This legislation further prohibits the use of
flowback water, which contains high concentrations of chemicals used in
hydraulic fracturing, for these purposes as well.

 
LEGISLATIVE HISTORY:

2021-22: S2914 Referred to Energy and Telecommunications

2019/20 S.2351 REFERRED TO ENERGY AND TELECOMMUNICATIONS

2017-18 S.3908 REFERRED TO ENERGY AND TELECOMMUNICATIONS

2015-16 S.4314 Environmental Conservation/ A. 1043 Environmental Conser-
vation

2013-14:S. 4656 Environmental Conservation / A. 9039 Environmental
Conservation

2011-12:S. 6895 Finance / No Same As.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.