NY State Senate Bill 2023-S8419A

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2024	print number 8419a
May 31, 2024	amend and recommit to finance
Mar 26, 2024	reported and committed to finance
Jan 29, 2024	referred to environmental conservation

Votes

- Mar 26, 2024 - Environmental Conservation Committee Vote
  S8419A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Mar 26, 2024
      
      aye (9)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Stec

Bill Amendments

Original

A (Active)

2023-S8419 - Details

See Assembly Version of this Bill:: A9287
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 17 Title 23 §§17-2301 - 17-2309, §§17-0833 & 71-1947, amd §33-0103, En Con L

2023-S8419 - Summary

Establishes the nutrient inactivant application permit to allow for the use of products used for controlling phosphorus levels in lakes or ponds to prevent and inhibit harmful algal blooms.

2023-S8419 - Sponsor Memo

                                 
BILL NUMBER: S8419REVISED 2/29/24

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing nutrient inactivant applicator permits

 
PURPOSE:

Establishes the nutrient inactivant applicator permit.

 
SUMMARY OF PROVISIONS:

Section 1 amends Article 17 of the environmental conservation law to add
a new title 23.

Section 2 amends section 33-0103 of the environmental conservation law
to add new subdivision 4 on nutrient inactivants applicability.

Section 3 amends environmental conservation law by adding a new section
17-0833, specifying an SPDES shall not be issued for nutrient inactiva-

tors.

Section 4 states the effective date.

 
JUSTIFICATION:

Harmful algal blooms, or HABs, have been reported in many freshwater
bodies of water across New York. These blooms produce toxins that can
contaminate water used for drinking and recreating. According to the New
York State Department of Health (DOH), exposure to harmful algal blooms
can result in severe health effects in both humans and animals. One
cause of HABs is high concentrations of phosphorus in water bodies,
which can result from runoff from urban areas and lawns, septic systems
leakage, and sewer treatment plant leakage.

Due to the increased number of HABs reported in New York, it is imper-
ative municipalities and lake associations are provided with the neces-
sary tools to combat this issue. Certain products such as aluminum
sulfate, sodium aluminate, and lanthanum can be used to control harmful
algal blooms, and restore waters back to safe levels of phosphorus. This
legislation will establish a nutrient inactivant applicator permit to
create a process to ensure these products are being applied safely and
with best practices in mind.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
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

2023-S8419 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8419
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing nutrient inactivant applicator 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 APPLICATOR PERMITS.
         17-2305. DENIAL OR REVOCATION OF PERMITS.
         17-2307. PERMIT FEES.
         17-2309. SANCTIONS.
 § 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" ARE PRODUCTS USED FOR CONTROLLING PHOSPHORUS
 LEVELS IN LAKES 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 APPLICATOR 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
 EIGHT  OF  THIS  ARTICLE AND SHALL HAVE THE SAME REQUIREMENTS AND PRIVI-
 LEGES AS A SPDES PERMIT  ISSUED  UNDER  TITLE  EIGHT  OF  THIS  ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13387-03-4
 S. 8419                             2
 
 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 APPLICATOR PERMITS.
   1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW OR REGULATION PURSUANT
 TO THIS TITLE, A PERSON WHO HAS A VALID NUTRIENT  INACTIVANT  APPLICATOR
 PERMIT  ISSUED BY THE COMMISSIONER MAY ENGAGE IN THE COMMERCIAL APPLICA-
 TION OF NUTRIENT INACTIVANTS.
   2. APPLICATION FOR A NUTRIENT INACTIVANT APPLICATOR  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.
   3. AN APPLICANT FOR A NUTRIENT INACTIVANT APPLICATOR 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, BE REGISTERED AS A PESTICIDE
 BUSINESS OR AGENCY, AND HAVE A COMMERCIAL PERMIT  UNDER  TITLE  NINE  OF
 ARTICLE THIRTY-THREE OF THIS CHAPTER.
   4.  NUTRIENT  INACTIVANT  APPLICATOR  PERMITS SHALL BE VALID FOR THREE
 YEARS AFTER WHICH EVERY APPLICATOR SHALL RECERTIFY.
   5. NO CERTIFICATION SHALL BE VALID UNLESS THE  CERTIFIED  PERSON  ALSO
 HOLDS  A  VALID  IDENTIFICATION CARD ISSUED BY THE COMMISSIONER. CERTIF-
 ICATION IDENTIFICATION CARDS SHALL BE VALID FOR THREE YEARS.
   6. A PERSON WITH A VALID NUTRIENT INACTIVANT APPLICATOR  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 APPLICATOR 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. SANCTIONS.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION  PURSUANT  TO
 THIS  TITLE  AND/OR  ANY  PROVISION OF THIS ARTICLE AS IT RELATES TO THE
 APPLICATION  OF  NUTRIENT  INACTIVANTS,  ANY  PERSON  WHO  VIOLATES  ANY
 PROVISION  OF  THIS TITLE OR ANY RULE, REGULATION OR ORDER ISSUED THERE-
 UNDER 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 APPLICA-
 TION OF NUTRIENT INACTIVANTS WOULD BE SUBJECT TO THE  APPROPRIATE  SANC-
 TIONS PURSUANT TO TITLE EIGHT OF THIS ARTICLE.
 S. 8419                             3
 
   § 2.  Section 33-0103 of the environmental conservation law is amended
 by adding a new subdivision 4 to read as follows:
   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 APPLICATOR PERMIT UNDER TITLE TWEN-
 TY-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 APPLICATOR PERMIT.
   FOR THE PURPOSES OF THIS TITLE, NUTRIENT INACTIVANT APPLICATOR PERMITS
 ISSUED  UNDER  TITLE  TWENTY-THREE OF THIS ARTICLE SHALL BE CONSIDERED 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.  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.

2023-S8419A (ACTIVE) - Details

See Assembly Version of this Bill:: A9287
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 17 Title 23 §§17-2301 - 17-2309, §§17-0833 & 71-1947, amd §33-0103, En Con L

2023-S8419A (ACTIVE) - Summary

Establishes the nutrient inactivant application permit to allow for the use of products used for controlling phosphorus levels in lakes or ponds to prevent and inhibit harmful algal blooms.

2023-S8419A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8419A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
establishing nutrient inactivant application permits

 
PURPOSE:

Establishes the nutrient inactivant application permit.

 
SUMMARY OF PROVISIONS:

Section 1 amends Article 17 of the environmental conservation law to add
a new title 23.

Section 2 amends section 33-0103 of the environmental conservation law
to add new subdivision 4 on nutrient inactivants applicability.

Section 3 amends environmental conservation law by adding a new section
17-0833, specifying a SPDES permit shall not be issued for nutrient

inactivators.

Section 4 adds a new section 71-1947 to outline enforcement of title 23.

Section 5 states the effective date.

 
JUSTIFICATION:

Harmful algal blooms, or HABs, have been reported in many freshwater
bodies of water across New York. These blooms produce toxins that can
contaminate water used for drinking and recreating. According to the New
York State Department of Health (DOH), exposure to harmful algal blooms
can result in severe health effects in both humans and animals. One
cause of HABs is high concentrations of phosphorus in water bodies,
which can result from runoff from urban areas and lawns, septic systems
leakage, and sewer treatment plant leakage.

Due to the increased number of HABs reported in New York, it is imper-
ative municipalities and lake associations are provided with the neces-
sary tools to combat this issue. Certain products such as aluminum
sulfate, sodium aluminate, and lanthanum can be used to control harmful
algal blooms, and restore waters back to safe levels of phosphorus. This
legislation will establish a nutrient inactivant applicator permit to
create a process to ensure these products are being applied safely and
with best practices in mind.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
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

2023-S8419A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8419--A
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance  --  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13387-04-4
 S. 8419--A                          2
 
 VANTS. SUCH PERMIT SHALL BE CONSIDERED A SPDES PERMIT ISSUED UNDER TITLE
 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:
 S. 8419--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.

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Senate Bill S8419A

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Mar 26, 2024 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Mar 26, 2024

Bill Amendments

2023-S8419 - Details

2023-S8419 - Summary

2023-S8419 - Sponsor Memo

2023-S8419 - Bill Text download pdf

2023-S8419A (ACTIVE) - Details

2023-S8419A (ACTIVE) - Summary

2023-S8419A (ACTIVE) - Sponsor Memo

2023-S8419A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8419A

Share this bill

Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

2023-S8419 - Details

2023-S8419 - Summary

2023-S8419 - Sponsor Memo

2023-S8419 - Bill Text download pdf

2023-S8419A (ACTIVE) - Details

2023-S8419A (ACTIVE) - Summary

2023-S8419A (ACTIVE) - Sponsor Memo

2023-S8419A (ACTIVE) - Bill Text download pdf

Comments