Senate Bill S4658

                                BILL NUMBER:S4658

TITLE OF BILL:  An act relating to wastewater treatment; and providing
for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:  Prohibits publicly owned treatment
works from accepting wastewater associated with natural gas production
where high volume hydraulic fracturing is utilized.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides that no publicly owned treatment works shall accept
wastewater associated with the exploration, delineation, development,
or production of natural gas where high-volume hydraulic fracturing is
utilized.

Section 2 provides that a publicly owned treatment works may appeal to
the department for an exemption from section 1 of this act if certain
standards are met.

Section 3 defines high-volume hydraulic fracturing.

Section 4 provides the effective date.

JUSTIFICATION:  Any activity that has the potential to impact New York
State public drinking supplies must be met with the highest scrutiny.
              

High-volume hydraulic fracturing involves the high-pressure injection
of over 300,000 gallons of water and a variety of chemicals into rock
to stimulate the production of natural gas. The resulting wastewater
contains high concentrations of salts and dissolved solids which, if
improperly treated and released, could impact our water supplies and
pose a serious threat to public health. Hydraulic fracturing fluids
cannot be adequately treated by conventional biological treatment
methods. A small number of publicly owned treatment works (POTW)
employ chemical treatment methods for industrial waste, however, they
are currently unable to safely handle hydraulic fracturing fluid.
This bill's three year ban on POTW treatment of hydraulic fracturing
fluid comes in response to uncertainty expressed by experts in the
field as to whether this waste can be properly treated and what
technology is necessary to do it. The POTW ban will ensure public
safety and protect the environment while allowing the Department of
Environmental Conservation the necessary time to evaluate best
technology standards for POTWs.

PRIOR LEGISLATIVE HISTORY:  S. 6893 Of 2012 voted out of Senate
Environmental Conservation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately and shall
expire and be deemed repealed three years after such date.