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Assembly Bill A4244

2009-2010 Legislative Session

Amends definition of point source to include farm operation containing not less than two hundred swine

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Archive: Last Bill Status - In Assembly Committee

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2009-A4244 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §17-0105, En Con L; amd §11-b, Cons Dists L

2009-A4244 (ACTIVE) - Summary

Amends definition of point source to include farm operation containing not less than two hundred swine for purposes of permits under the environmental conservation law and for agricultural nonpoint source abatement and control project funding under the soil and water conservation districts law.

2009-A4244 (ACTIVE) - Bill Text download pdf 

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

                                  4244

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation  law  and  the  soil  and
  water  conservation  districts  law, in relation to amending the defi-
  nition of point source

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

  Section  1.  Subdivision  16  of  section 17-0105 of the environmental
conservation law, as amended by chapter 360 of  the  laws  of  1988,  is
amended to read as follows:
  16.  "Point  source"  means  any  discernible,  confined, and discrete
conveyance, including but not  limited  to  any  pipe,  ditch,  channel,
tunnel,  conduit,  well,  discrete  fissure,  container,  rolling stock,
concentrated animal feeding operation,  FARM  OPERATION  CONTAINING  NOT
LESS THAN TWO HUNDRED SWINE, vessel or other floating craft, or landfill
leachate   collection  system  from  which  pollutants  are  or  may  be
discharged.  This  term  does  not   include   agricultural   stormwater
discharges and return flows from irrigated agriculture.
  S  2. Subdivision 7 of section 11-b of the soil and water conservation
districts law, as added by chapter 166 of the laws of 1999,  is  amended
to read as follows:
  7. Notwithstanding any other provision of law, [a] concentrated animal
feeding  [operation]  OPERATIONS AND FARM OPERATIONS CONTAINING NOT LESS
THAN TWO HUNDRED SWINE permitted pursuant to title  seven  or  eight  of
article seventeen of the environmental conservation law shall be treated
as  [a] nonpoint [source] SOURCES for purposes of qualifying for funding
pursuant to this section.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07346-01-9

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