senate Bill S5123A
(D) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Prohibits the transportation of any waste product or byproduct from hydraulic fracturing operations.
TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the transportation or shipment of any waste
product or byproduct from hydraulic fracturing operations
The purpose of this legislation is to prevent the disposal of high
volume hydraulic fracturing waste from being transported or disposed
of in New York State.
SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends the environmental conservation law to prohibit
high volume hydraulic fracturing waste or waste by-products from being
transported or shipped into or out of New York State for treatment,
discharge, disposal, or storage purposes.
New York State waste and treatment facilities are currently the
recipient of waste products from hydraulic fracturing products and
by-products. Waste products and by-predicts from hydraulic fracturing
can legally be disposed of at municipal water treatment plants because
the waste is currently exempt from the federal Resource Conservation
and Recovery Act (RCRA), the Clean Water Act and other environmental
laws. As the result of this exemption, natural gas operators
transporting fracking waste are not considered to be transporting or
receiving "hazardous" waste, and thus are not required to meet the
safeguards established by RCRA and other regulations. In the absence
of federal regulations, states regulate the handling, treatment, and
storage of fracking waste.
In New York State, high volume hydraulic fracturing has not been
authorized, and regulations for handling and disposing of this waste
continue to undergo review. In addition, the United States
Environmental Protection Agency has not completed its study of the
possible health impacts of such waste products on drinking water
resources and is working on national pretreatment standards for waste
disposal of in municipal sewage-treatment plants or private treatment
plants, after finding that many of them are not properly equipped to
treat this type of wastewater, and may be discharging pollutants to
rivers and other streams. Additionally, the EPA warned that there was
probably not enough capacity at out of state treatment plants to
handle polluted water from New York.
In March of 2012, the Niagara Falls City Council blocked a proposal by
its local waste treatment facility to accept fracking waste in order
to offset declining revenues. The City of Niagara Falls and Buffalo
have both adopted local legislation banning the treatment, transport,
storage and disposal of drilling fluids within city limits.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
This till shall take effect immediately.
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