senate Bill S5499

Relates to maple syrup packaging; exempts wash water from maple syrup processing from environmental permit requirements

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / May / 2011
    • REFERRED TO AGRICULTURE
  • 02 / Jun / 2011
    • 1ST REPORT CAL.939
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 31 / Jan / 2012
    • 1ST REPORT CAL.147
  • 06 / Feb / 2012
    • 2ND REPORT CAL.
  • 07 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to maple syrup packaging; exempts wash water from maple syrup processing from environmental permit requirements.

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Bill Details

See Assembly Version of this Bill:
A7657
Versions:
S5499
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §160-u, Ag & Mkts L; amd §17-0807, En Con L

Sponsor Memo

BILL NUMBER:S5499

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to consumer
packaging of maple syrup; and to amend the environmental conservation
law, in relation to wash water from maple syrup processing

PURPOSE OF GENERAL IDEA OF BILL:
To maintain New York's investment in
maple syrup production and allow the maple industry to continue to
grow by removing unnecessary barriers to success.

SUMMARY OF SPECIFIC PROVISIONS:
Section one: § 160-u of Agriculture
and Markets law is amended to ensure that consumer packaging of maple
syrup offered or exposed for sale shall be plainly and conspicuously
marked as to the grade.

Section two: § 17-0807 of Environmental Conservation law is amended by
adding a new subdivision 5 wash water produced during the process of
making maple syrup shall not be considered a pollutant under any
state pollutant discharge elimination system permit requirements.

Section three: Immediate effective date.

JUSTIFICATION:
This bill recognizes that maple syrup makers and their
production process should not be compared with large industrial
manufacturers and should be removed from the requirements to obtain a
State Pollution Discharge Elimination System (SPDES) permit for their
farms.

Like any other industry, the maple industry has become more efficient
in their production methods in order to save time and resources. The
advent of reverse osmosis machines in the maple industry has allowed
producers to remove a considerable amount of water from maple sap
before the evaporation process to create maple syrup even begins.
This significantly speeds up the syrup production process and
therefore dramatically reduces the amount of fuel used during
evaporation. In fact, without a reverse osmosis machine, an
evaporator uses approximately five gallons of oil in order to make
one gallon of maple syrup. Reverse osmosis machines have reduced this
equation to less than one gallon of oil to make one gallon of maple
syrup. Given the high oil prices we currently are experiencing, these
savings can truly add up if an operation is making hundreds of
gallons of syrup in a season.

Reverse osmosis machines contain a membrane that performs the needed
process to reduce water from maple sap. However, the membrane must be
washed periodically in order to ensure that the machine operates
properly during the very short maple season. The membrane is
typically washed using a
process that contains anywhere between ten and forty gallons of water
and a very small amount of soap (in fact, using large amounts of soap
will damage the membrane).


The Department of Environmental Conservation has determined that the
resulting wash water from the reverse osmosis machine cleaning
process is an industrial pollutant and the farmer must obtain a SPDES
permit to dispose of the water in an acceptable fashion. This means
that these maple farms that operate a few weeks a year and use very
little water mixed with a minimal amount of soap, must be regulated
much like General Electric, Kodak or any other industrial
manufacturing plant that disposes of industrial waste in New York.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5499

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to consumer
  packaging of maple syrup; and to amend the environmental  conservation
  law, in relation to wash water from maple syrup processing

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

  Section 1. Subdivision b of  section  160-u  of  the  agriculture  and
markets  law,  as amended by chapter 478 of the laws of 1971, is amended
to read as follows:
  b. Every consumer package of maple syrup offered or exposed  for  sale
shall be plainly AND CONSPICUOUSLY marked as to the grade.
  S  2. Section 17-0807 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WASH WATER  PRODUCED
DURING  THE  PROCESS  OF  MAKING  MAPLE  SYRUP SHALL NOT BE CONSIDERED A
POLLUTANT UNDER THIS TITLE AND SHALL BE EXEMPTED FROM ANY  STATE  POLLU-
TANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11542-01-1

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