S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  10210
                          I N  A S S E M B L Y
                              May 11, 2012
                               ___________
Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Environmental Conservation
AN ACT relating to wastewater treatment; and providing for the repeal of
  such provisions upon expiration thereof
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1. Notwithstanding any contrary provision of law, no publicly
owned treatment works shall accept wastewater associated with the explo-
ration, delineation, development, or production  of  natural  gas  where
high-volume hydraulic fracturing is utilized.
  S 2.  A publicly owned treatment works may appeal to the department of
environmental  conservation  division  of  water  for  an exemption from
section one of this act if it can meet a standard  of  performance  that
shall  permit  no  discharge  of  pollutants,  or if not feasible, shall
reflect the greatest degree of  effluent  reduction  achievable  through
application of the best available demonstrated control technology, proc-
esses, operating methods, or other alternatives.
  S  3.  For purposes of this act, "High-volume hydraulic fracturing" or
"(HVHF)" means hydraulic fracturing for  natural  gas  extraction  using
greater  than 300,000 gallons of water regardless of whether the well is
vertical, directional or horizontal.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after such date.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13948-07-2