senate Bill S5412

Relates to prohibiting the acceptance of wastewater from oil or natural gas extraction activities at wastewater treatment facilities and landfills

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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

  • 16 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to prohibiting the acceptance of wastewater from oil or natural gas extraction activities at wastewater treatment facilities and landfills.

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Bill Details

See Assembly Version of this Bill:
A7497
Versions:
S5412
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§23-0101, 23-0305, 17-1905, 27-0703, 71-1307, 71-1933 & 71-2703, En Con L

Sponsor Memo

BILL NUMBER:S5412

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to banning the
acceptance of wastewater from oil or natural gas extraction activities
at wastewater treatment facilities and landfills

PURPOSE: To regulate the sale, application, and
disposal of waste
associated with natural gas exploration and extraction activities

SUMMARY OF PROVISIONS:

Section 1 amends the section 23-0101 of the environmental conservation
law to expand the definition of waste to include waste that is
generated as a result of oil or natural gas extraction.

Section 2 amends section 23-0101 to add a new subdivision to define
natural gas extraction activities. Natural gas extraction activities
is defined as all geologic or geophysical activities related to the
exploration for or the extraction of natural gas.

Section 3 amends section 23-0305 of the environmental conservation law
to add a new subdivision to prohibit the application of waste from
oil or natural gas extraction activities on any state-owned property.

Section 4 amends section 17-1905 of the environmental conservation law
to add a new paragraph f to prohibit waste from oil or natural gas
activities from being introduced in or processed by any waste water
treatment facility in the state of New York.

Section 5 amends section 27-0703 of the environmental conservation law
to add a new subdivision to require the Department of Environmental
Conservation to adopt regulations prohibiting waste from oil or
natural gas extraction activities from being deposited in a solid
waste management facility.

Section 6 amends section 71-1307 of the environmental conservation law
to create a penalty for each violation of subdivision fifteen of
section 230305. The penalty is set forth as a fine not to exceed
twenty-five thousand dollars per violation and/or imprisonment for a
term of not more than one year of section.

Section 7 amends section 71-1933 of the environmental conservation law
to add a new subdivision that sets forth a penalty for violating the
new paragraph f subdivision four of section 17-1905. The penalty is
set forth as a fine not to exceed twenty-five thousand dollars per
violation and/or thirty days imprisonment.

Section 8 amends section 71-2703 of the environmental conservation law
to add a new paragraph d that sets forth the penalty for violating
the rules and regulations to be promulgated pursuant to subdivision
seven of section 27-0703. The penalty is set forth as a fine not to
exceed twenty-five thousand dollars per violation and/or thirty days
imprisonment.


JUSTIFICATION: Waste from hydraulic fracturing,
including flowback
fluid, brine, solid wastes, and leachate from solid wastes, contain
toxic and radioactive substances that, if placed in our water and
waste disposal systems, can cause significant public health and
environmental risks. Currently, waste from hydraulic fracturing is
approved and possibly could be placed for treatment in waste water
treatment facilities and disposed of in landfills. However, treatment
facilities are not currently equipped to handle these chemicals,
contaminants, and radioactive materials, and dumping this waste in
landfills poses the possibility of it spreading into our environment,
threatening our environment, waterways and public health

By prohibiting the sale of hydraulic fracturing wastes from disposal
in landfills, as well as in treatment facilities, we can avert any
unnecessary health risks to our wildlife and ourselves.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect on the
one hundred
eightieth day after it shall become law.

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

                                  5412

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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
  banning   the  acceptance  of  wastewater  from  oil  or  natural  gas
  extraction activities at wastewater treatment facilities and landfills

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

  Section  1.  Subdivision  20  of  section 23-0101 of the environmental
conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
amended to read as follows:
  20. "Waste" means
  a. Physical waste, as that term is generally understood in the oil and
gas industry;
  b.  The  inefficient, excessive or improper use of, or the unnecessary
dissipation of reservoir energy;
  c. The locating, spacing, drilling, equipping, operating, or producing
of any oil or gas well or wells in a manner which  causes  or  tends  to
cause  reduction  in  the  quantity of oil or gas ultimately recoverable
from a pool under prudent and proper  operations,  or  which  causes  or
tends  to  cause unnecessary or excessive surface loss or destruction of
oil or gas;
  d. The inefficient storing of oil or gas; [and]
  e. The flaring of gas produced from an oil or  condensate  well  after
the department has found that the use of the gas, on terms that are just
and reasonable, is, or will be economically feasible within a reasonable
time[.]; AND
  F.  ANY  WASTE  THAT  IS  GENERATED  AS A RESULT OF OIL OR NATURAL GAS
EXTRACTION ACTIVITIES, WHICH INCLUDES, BUT IS NOT LIMITED  TO,  LEACHATE
FROM  SOLID  WASTE  ASSOCIATED  WITH  NATURAL GAS EXTRACTION ACTIVITIES.
THIS WASTE MAY CONSIST OF AMONG OTHER SUBSTANCES, WATER, CHEMICAL  ADDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10823-02-3

S. 5412                             2

TIVES,  OR  NATURALLY  OCCURRING  RADIOACTIVE MATERIALS (NORM) AND HEAVY
METALS.
  S  2. Section 23-0101 of the environmental conservation law is amended
by adding a new subdivision 21 to read as follows:
  21. "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR  GEOPHY-
SICAL ACTIVITIES RELATED TO THE EXPLORATION FOR OR EXTRACTION OF NATURAL
GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT LIMITED
TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING.
  S  3. Section 23-0305 of the environmental conservation law is amended
by adding a new subdivision 15 to read as follows:
  15. THE DEPARTMENT SHALL PROHIBIT THE APPLICATION OF WASTE FROM OIL OR
NATURAL GAS EXTRACTION ACTIVITIES ON ANY STATE-OWNED REAL PROPERTY,  FOR
ANY PURPOSE.
  S  4.  Subdivision 4 of section 17-1905 of the environmental conserva-
tion law is amended by adding a new paragraph f to read as follows:
  F. ENSURE THAT THE INTRODUCTION OF  WASTE  FROM  OIL  OR  NATURAL  GAS
EXTRACTION ACTIVITIES INTO ANY WASTE WATER TREATMENT FACILITY WITHIN THE
STATE IS PROHIBITED.
  S  5. Section 27-0703 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING WASTE  FROM  OIL
OR NATURAL GAS EXTRACTION ACTIVITIES, AS SUCH TERMS ARE DEFINED IN ARTI-
CLE  TWENTY-THREE OF THIS CHAPTER, FROM BEING DEPOSITED IN A SOLID WASTE
MANAGEMENT FACILITY.
  S 6. Subdivision 3 of section 71-1307 of the  environmental  conserva-
tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
read as follows:
  3. Criminal sanctions. Any person who,  having  any  of  the  culpable
mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
violates any provision of article 23 of  this  chapter  or  commits  any
offense  described in section 71-1305 of this title shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
not  to  exceed  one  thousand  dollars  for  each day during which such
violation continues or by imprisonment for a term of not more  than  one
year,  or by both such fine and imprisonment. If the conviction is for a
subsequent offense committed after a first  conviction  of  such  person
under  this  subdivision,  punishment  shall  be by a fine not to exceed
eight thousand dollars for each day during which such violation  contin-
ues  or by imprisonment for a term of not more than one year, or by both
such fine and imprisonment.   NOTWITHSTANDING  THE  PROVISIONS  OF  THIS
SUBDIVISION,  ANY  PERSON  WHO  VIOLATES  THE  PROVISIONS OF SUBDIVISION
FIFTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED TWENTY-FIVE  THOUSAND  DOLLARS  PER  VIOLATION  AND/OR  BY
IMPRISONMENT  FOR  A  TERM OF NOT MORE THAN ONE YEAR.  EACH INTRODUCTION
AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS  EXTRACTION  ACTIV-
ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
  S  7. Section 71-1933 of the environmental conservation law is amended
by adding a new subdivision 5-a to read as follows:
  5-A. ANY PERSON WHO KNOWINGLY, AS DEFINED  IN  SECTION  15.05  OF  THE
PENAL  LAW,  VIOLATES  THE  RULES OR REGULATIONS PROMULGATED PURSUANT TO
PARAGRAPH F OF SUBDIVISION FOUR OF SECTION 17-1905 OF THIS CHAPTER SHALL
BE PUNISHABLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND  DOLLARS  PER
VIOLATION  AND/OR  UP  TO  THIRTY  DAYS  IMPRISONMENT. EACH INTRODUCTION
AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS  EXTRACTION  ACTIV-
ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.

S. 5412                             3

  S  8.  Subdivision 2 of section 71-2703 of the environmental conserva-
tion law is amended by adding a new paragraph d to read as follows:
  D.  ANY PERSON WHO KNOWINGLY, AS DEFINED IN SECTION 15.05 OF THE PENAL
LAW, VIOLATES THE RULES OR REGULATIONS PROMULGATED PURSUANT TO  SUBDIVI-
SION  SEVEN  OF SECTION 27-0703 OF THIS CHAPTER SHALL BE PUNISHABLE BY A
FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR  UP
TO  THIRTY  DAYS  IMPRISONMENT.  EACH INTRODUCTION AND/OR APPLICATION OF
WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES SHALL  CONSTITUTE  A
SEPARATE AND DISTINCT VIOLATION.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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