S T A T E O F N E W Y O R K
I N S E N A T E
June 9, 2014
Introduced by Sens. O'BRIEN, TKACZYK -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
AN ACT to amend the environmental conservation law, in relation to
wastewater treatment facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 17-0513 to read as follows:
S 17-0513. STANDARDS OF PERFORMANCE FOR WASTEWATER FACILITIES.
NO WASTEWATER TREATMENT FACILITY IN THE STATE SHALL ACCEPT ANY WASTE-
WATER FROM HYDRAULIC FRACTURING OPERATIONS UNLESS SUCH FACILITY MEETS
THE REQUIREMENTS ESTABLISHED IN SECTION 17-0709 OF THIS ARTICLE.
S 2. The environmental conservation law is amended by adding a new
section 17-0709 to read as follows:
S 17-0709. WASTEWATER TREATMENT FACILITIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SUBDIVISION
TWENTY-ONE OF SECTION 17-0105 OF THIS ARTICLE, THE COMMISSIONER SHALL
PROMULGATE REGULATIONS ESTABLISHING A STANDARD OF PERFORMANCE FOR THE
CONTROL OF THE DISCHARGE OF POLLUTANTS FROM FACILITIES WHICH TREAT
WASTEWATER FROM HYDRAULIC FRACTURING OPERATIONS. THIS STANDARD OF
PERFORMANCE 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 TECHNOLO-
GY, PROCESSES, OPERATING METHODS, OR OTHER ALTERNATIVES. THIS STANDARD
OF PERFORMANCE SHALL REMAIN IN EFFECT UNTIL SUCH TIME THAT THE FEDERAL
GOVERNMENT DETERMINES THAT A GREATER DEGREE OF EFFLUENT LIMITATION IS
ACHIEVABLE BY THIS CATEGORY OF FACILITIES, AT WHICH TIME THIS STANDARD
OF PERFORMANCE SHALL BE SUPERSEDED BY SUCH FEDERAL STANDARD.
S 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect January 1, 2019.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.