S T A T E O F N E W Y O R K
________________________________________________________________________
708
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. KAVANAGH, COLTON, COOK, JAFFEE -- Multi-Sponsored
by -- M. of A. GOTTFRIED, JOHN, MAYERSOHN, THIELE -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to elim-
inating certain discharges of chlorine compounds into state waters,
and for other purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act may be cited as the "chlorine zero
discharge act".
S 2. Legislative intent. The legislature finds that:
1. toxic substances that persist or bioaccumulate in the environment,
build to higher and higher concentration over time, reaching their
greatest levels in the tissues of species high on the food chain,
including humans;
2. toxic substances that persist or bioaccumulate in the environment
are biologically active in infinitesimal quantities, causing reproduc-
tive failure, birth defects, developmental impairment, hormonal
disruption, behavioral disorders, immune suppression and cancer at low
doses, and mixtures of these substances may cause these effects at even
lower doses;
3. regulatory approaches that permit even limited production and
discharge of toxic substances that persist or bioaccumulate result in
the accumulation of these substances in the environment and food chain
over time and subsequent damage to the health of humans and other
species;
4. the most favored method of preventing the continued contamination
of the environment from persistent or bioaccumulative toxic substances
is to phase out their production or use over time and replace these
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01772-01-9
A. 708 2
substances or the processes that produce them, or both, with safer
alternatives;
5. among the persistent or bioaccumulative toxic substances of great-
est concern are organochlorines discharged in the production of pulp and
paper as a result of the use of chlorine or any other chlorinated
oxidizing agents in the pulp and paper manufacturing process;
6. the Great Lakes Water Quality Agreement between the United States
and Canada concludes that the discharge of toxic substances in toxic
amounts be prohibited and the discharge of any or all persistent toxic
substances be virtually eliminated; and
7. in the Sixth Biennial Report on Great Lakes Water Quality, the
International Joint Commission on Great Lakes Water Quality concluded
that the concepts of virtual elimination and zero discharge are consist-
ent and a clear statement or direction to take to achieve the Agree-
ment's purpose. The overall strategy or aim regarding persistent toxic
substances is virtual elimination, and the tactic or method to be used
to achieve the aim is through zero input or discharge of those
substances created as a result of human activity.
S 3. The environmental conservation law is amended by adding a new
section 17-0830 to read as follows:
S 17-0830. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, OR META-
BOLITES.
1. (A) EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
EACH PULP AND PAPER MANUFACTURING FACILITY SHALL ACHIEVE ZERO DISCHARGE
INTO WATER OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS OR METABOLITES FORMU-
LATED AS A RESULT OF THE USE OF CHLORINE OR ANY OTHER CHLORINATED
OXIDIZING AGENT IN THE PULP AND PAPER MANUFACTURING PROCESS.
(B) EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL
EXISTING AND NEW PERMITS UNDER THIS CHAPTER FOR PAPER AND PULP MILLS
WHICH USE CHLORINE OR ANY OTHER CHLORINATED OXIDIZING AGENT SHALL
REQUIRE COMPLIANCE WITH THE ZERO DISCHARGE REQUIREMENT SET FORTH IN
PARAGRAPH (A) OF THIS SUBDIVISION.
2. WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSIONER SHALL EVALUATE ALTERNATIVES TO THE USE OF ORGANOCHLORINES
IN THE MANUFACTURING OF PULP AND PAPER, AND SHALL PUBLISH A REPORT ON
THE TRANSFER OF TECHNOLOGY IN THE PULP AND PAPER INDUSTRY FROM ORGANO-
CHLORINE TO CHLORINE-FREE TECHNOLOGY AS A MODEL FOR POLLUTION
PREVENTION. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT SHALL BEGIN PROVIDING TECHNICAL INFORMATION AND
SUPPORT TO ASSIST PERMIT APPLICANTS IN THE USE OF ALTERNATIVES TO ORGA-
NOCHLORINE COMPOUNDS IN THE PRODUCTION OF PULP AND PAPER.
3. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL COMPLETE A REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE ON NOT READILY IDENTIFIED SOURCES AND INDUSTRIAL DISCHARGES OF
ORGANOCHLORINE COMPOUNDS AND THEIR BYPRODUCTS AND METABOLITES INTO
WATER. THE REPORT SHALL INCLUDE A LISTING OF ALL TYPES OR CATEGORIES OF
NONPOINT SOURCES AND INDUSTRIAL ORGANOCHLORINE DISCHARGES INTO WATER AND
THEIR BYPRODUCTS AND METABOLITES. THE REPORT SHALL ALSO INCLUDE A LIST-
ING OF THE ANNUAL QUANTITIES OF EACH ORGANOCHLORINE COMPOUND DISCHARGED
INTO WATER STATEWIDE AND BY PERMITTED FACILITY, TOGETHER WITH A LIST OF
EACH PERMITTED FACILITY'S LOCATION AND QUANTITIES OF COMBINED ORGANO-
CHLORINE COMPOUND DISCHARGES INTO WATER. THE REPORT SHALL CONTAIN
RECOMMENDATIONS FOR ACHIEVING A ZERO DISCHARGE POLICY FOR IMPORTANT
CATEGORIES OF ORGANOCHLORINE POLLUTION SOURCES. IN ORDER TO DEVELOP SUCH
RECOMMENDATIONS, THE COMMISSIONER SHALL CONVENE AN ADVISORY PANEL. THE
ADVISORY PANEL SHALL CONDUCT PUBLIC HEARINGS AND SOLICIT PUBLIC AND
A. 708 3
EXPERT COMMENT. THE PANEL SHALL CONSIST OF FIFTEEN MEMBERS, INCLUDING AT
LEAST ONE INDEPENDENT EXPERT IN EACH OF THE FIELDS OF PUBLIC HEALTH,
OCCUPATIONAL HEALTH, TECHNOLOGY CHANGE, TOXICS USE REDUCTION, AND ECOLO-
GY, TWO AFFECTED CITIZENS, AND TECHNICAL AND POLICY EXPERTS FROM INDUS-
TRY, LABOR, PUBLIC INTEREST AND ENVIRONMENTAL GROUPS. MEMBERS SHALL NOT
BE EMPLOYEES OF THE DEPARTMENT. MEMBERS SHALL NOT BE ENTITLED TO ANY
COMPENSATION BUT SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
4. FOR THE PURPOSES OF THIS SECTION, THE TERM "ZERO DISCHARGE" MEANS
ABSOLUTELY NO OUTPUT OR RELEASE, INCLUDING NONPOINT SOURCE OUTPUT OR
RELEASE, INTO WATER. THE TERM "ZERO DISCHARGE" DOES NOT MEAN A LESS THAN
DETECTABLE OUTPUT OR RELEASE.
S 4. This act shall take effect immediately.