S T A T E O F N E W Y O R K
________________________________________________________________________
6488
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
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Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
industrial waste from hydraulic fracturing operations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17-0105 of the environmental conservation law is
amended by adding a new subdivision 24 to read as follows:
24. "HYDRAULIC FRACTURING" MEANS A PROCESS USED TO CREATE FRACTURES IN
ROCK BY MAN-MADE FRACTURING TECHNIQUES FOR THE PURPOSES OF STIMULATING
NATURAL GAS OR OIL WELL PRODUCTION.
S 2. Paragraphs c and d of subdivision 2 of section 17-0808 of the
environmental conservation law, as added by chapter 360 of the laws of
1988, are amended and a new paragraph e is added to read as follows:
c. A discharge from a municipal separate storm sewer system serving a
population of one hundred thousand or more; [or]
d. A discharge which the commissioner determines contributes to a
violation of water quality standards adopted pursuant to section 17-0301
of this article or is a significant contributor of pollutants to the
waters of the state[.]; OR
E. A DISCHARGE ASSOCIATED WITH A HYDRAULIC FRACTURING OPERATION.
S 3. The environmental conservation law is amended by adding a new
section 17-0833 to read as follows:
S 17-0833. INDUSTRIAL WASTE FROM HYDRAULIC FRACTURING OPERATIONS.
1. NO TREATMENT WORKS SHALL ACCEPT INDUSTRIAL WASTEWATER FROM HYDRAU-
LIC FRACTURING OPERATIONS CONDUCTED BY A PERMIT HOLDER UNDER TITLE FIVE
OF ARTICLE TWENTY-THREE OF THIS CHAPTER IF SUCH PERMIT HOLDER HAS
REPORTED TO THE TREATMENT WORKS, PURSUANT TO SUBDIVISION FOUR OF SECTION
23-0501 OF THIS CHAPTER, OR IF THE TESTS OR MONITORING CONDUCTED BY THE
TREATMENT WORKS PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND THE
RULES AND REGULATIONS PROMULGATED THEREUNDER REVEALS THAT SUCH INDUS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10230-01-1
A. 6488 2
TRIAL WASTEWATER CONTAINS RADIUM AT A LEVEL HIGHER THAN TWELVE TIMES THE
MAXIMUM CONTAMINANT LEVEL SET FORTH IN THE FEDERAL SAFE DRINKING WATER
ACT.
2. THE COMMISSIONER SHALL, AFTER HOLDING A PUBLIC HEARING WITH DUE
NOTICE, PROMULGATE REGULATIONS:
(A) REQUIRING TREATMENT WORKS WHICH TREAT INDUSTRIAL WASTE FROM
HYDRAULIC FRACTURING OPERATIONS TO CAUSE BIANNUAL TESTS TO BE PERFORMED
ON THE WATER DISCHARGED THEREFROM. FOR PURPOSES OF THIS SECTION, TESTS
TO BE PERFORMED ON THE WATER SHALL MEAN WATER SAMPLING TO IDENTIFY
COMPOUNDS OR CONTAMINANTS OF CONCERN. COMPOUNDS OR CONTAMINANTS OF
CONCERN SHALL INCLUDE INGREDIENTS CONTAINED IN HYDRAULIC FRACTURING
FLUIDS AND CHEMICAL TREATMENTS, INCLUDING, BUT NOT LIMITED TO, RADIOAC-
TIVE CONTAMINANTS SUCH AS RADIUM AND ANY OTHER CONTAMINANTS IDENTIFIED
BY THE DEPARTMENT.
(B) REQUIRING TREATMENT WORKS WHICH TREAT INDUSTRIAL WASTE FROM
HYDRAULIC FRACTURING OPERATIONS TO DEVELOP PLANS FOR THE MONITORING OF
COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL REQUIREMENTS OR, IN THE
DISCRETION OF THE DEPARTMENT, REQUIRING THE ASSIGNMENT AN ENVIRONMENTAL
MONITOR AUTHORIZED BY THE DEPARTMENT TO INSPECT AND MONITOR THE COMPLI-
ANCE OF SUCH TREATMENT WORKS WITH ALL FEDERAL, STATE AND LOCAL REQUIRE-
MENTS. THE DEPARTMENT IS AUTHORIZED TO SET AND IMPOSE UPON SUCH TREAT-
MENT PLANTS ENVIRONMENTAL MONITORING FEES TO RECOVER ALL COSTS
ASSOCIATED WITH SUCH MONITORS.
(C) PROVIDING FOR THE SCHEDULED DISCHARGE OF WASTEWATER CONTAINING
RADIOACTIVE ELEMENTS SUCH AS RADIUM AND ANY OTHER CONTAMINANTS IDENTI-
FIED BY THE DEPARTMENT BY FACILITIES WHICH TREAT WASTEWATER FROM HYDRAU-
LIC FRACTURING OPERATIONS. SUCH FACILITIES SHALL BE REQUIRED TO PROVIDE
DISCLOSURE AND NOTICE REGARDING SUCH DISCHARGE AT LEAST TWENTY-FOUR
HOURS IN ADVANCE THEREOF TO THE COMMISSIONER, THE COMMISSIONER OF
HEALTH, THE CHIEF EXECUTIVES OF THE COUNTY, CITY, TOWN OR VILLAGE IN
WHICH SUCH FACILITY IS LOCATED AND TO THE PUBLIC BY WAY OF A TOLL-FREE
HOTLINE, TO BE ESTABLISHED BY THE DEPARTMENT. IF THE DISCHARGE OF SUCH
WASTEWATER MAY NOT BE SCHEDULED, SUCH DISCLOSURE AND NOTICE SHALL BE
PROVIDED AS SOON AS PRACTICABLE, BUT IN NO EVENT LONGER THAN TWENTY-FOUR
HOURS AFTER INFORMATION REGARDING THE RELEASE IS OBTAINED BY SUCH FACIL-
ITY.
S 4. Section 23-0101 of the environmental conservation law is amended
by adding a new subdivision 7-a to read as follows:
7-A. "HYDRAULIC FRACTURING" MEANS A PROCESS USED TO CREATE FRACTURES
IN ROCK BY MAN-MADE FRACTURING TECHNIQUES FOR THE PURPOSES OF STIMULAT-
ING NATURAL GAS OR OIL WELL PRODUCTION.
S 5. Section 23-0501 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
4. A PERMIT HOLDER UNDER THIS TITLE SHALL, AFTER THE COMPLETION OF ANY
HYDRAULIC FRACTURING AND/OR CHEMICAL TREATMENT, CAUSE A TEST TO BE
PERFORMED ON WASTEWATER TO BE DEPOSITED WITH A TREATMENT WORKS FACILITY
AUTHORIZED TO TREAT AND/OR DISCHARGE SUCH WASTEWATER PURSUANT TO A
PERMIT ISSUED UNDER TITLE EIGHT OF ARTICLE SEVENTEEN OF THIS CHAPTER.
FOR THE PURPOSE OF THIS SECTION, "TEST ON WASTEWATER" SHALL MEAN WATER
SAMPLING TO IDENTIFY COMPOUNDS OR CONTAMINANTS OF CONCERN AND THE
AMOUNTS THEREOF. COMPOUNDS OR CONTAMINANTS OF CONCERN SHALL INCLUDE
INGREDIENTS CONTAINED IN HYDRAULIC FRACTURING FLUIDS AND CHEMICAL TREAT-
MENTS, INCLUDING, BUT NOT LIMITED TO, RADIOACTIVE ELEMENTS SUCH AS RADI-
UM AND ANY OTHER CONTAMINANTS IDENTIFIED BY THE DEPARTMENT. THE RESULTS
OF SUCH TESTS SHALL BE DISCLOSED TO THE TREATMENT WORKS FACILITY AND THE
DEPARTMENT. THE COST OF SUCH TEST SHALL BE BORNE BY THE PERMIT HOLDER.
A. 6488 3
S 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.