The New York State Senate

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

                                  7497

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2013
                               ___________

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

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  banning  the  acceptance  of  wastewater  from  oil  or  natural   gas
  extraction activities at wastewater treatment facilities and landfills

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

  Section 1. Subdivision 20 of  section  23-0101  of  the  environmental
conservation  law,  as  amended  by  chapter 846 of the laws of 1981, is
amended to read as follows:
  20. "Waste" means
  a. Physical waste, as that term is generally understood in the oil and
gas industry;
  b. The inefficient, excessive or improper use of, or  the  unnecessary
dissipation of reservoir energy;
  c. The locating, spacing, drilling, equipping, operating, or producing
of  any  oil  or  gas well or wells in a manner which causes or tends to
cause reduction in the quantity of oil  or  gas  ultimately  recoverable
from  a  pool  under  prudent  and proper operations, or which causes or
tends to cause unnecessary or excessive surface loss or  destruction  of
oil or gas;
  d. The inefficient storing of oil or gas; [and]
  e.  The  flaring  of gas produced from an oil or condensate well after
the department has found that the use of the gas, on terms that are just
and reasonable, is, or will be economically feasible within a reasonable
time[.]; AND
  F. ANY WASTE THAT IS GENERATED AS A  RESULT  OF  OIL  OR  NATURAL  GAS
EXTRACTION  ACTIVITIES,  WHICH INCLUDES, BUT IS NOT LIMITED TO, LEACHATE
FROM SOLID WASTE ASSOCIATED  WITH  NATURAL  GAS  EXTRACTION  ACTIVITIES.
THIS  WASTE MAY CONSIST OF AMONG OTHER SUBSTANCES, WATER, CHEMICAL ADDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10823-02-3

A. 7497                             2

TIVES, OR NATURALLY OCCURRING RADIOACTIVE  MATERIALS  (NORM)  AND  HEAVY
METALS.
  S  2. Section 23-0101 of the environmental conservation law is amended
by adding a new subdivision 21 to read as follows:
  21. "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR  GEOPHY-
SICAL ACTIVITIES RELATED TO THE EXPLORATION FOR OR EXTRACTION OF NATURAL
GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT LIMITED
TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING.
  S  3. Section 23-0305 of the environmental conservation law is amended
by adding a new subdivision 15 to read as follows:
  15. THE DEPARTMENT SHALL PROHIBIT THE APPLICATION OF WASTE FROM OIL OR
NATURAL GAS EXTRACTION ACTIVITIES ON ANY STATE-OWNED REAL PROPERTY,  FOR
ANY PURPOSE.
  S  4.  Subdivision 4 of section 17-1905 of the environmental conserva-
tion law is amended by adding a new paragraph f to read as follows:
  F. ENSURE THAT THE INTRODUCTION OF  WASTE  FROM  OIL  OR  NATURAL  GAS
EXTRACTION ACTIVITIES INTO ANY WASTE WATER TREATMENT FACILITY WITHIN THE
STATE IS PROHIBITED.
  S  5. Section 27-0703 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING WASTE  FROM  OIL
OR NATURAL GAS EXTRACTION ACTIVITIES, AS SUCH TERMS ARE DEFINED IN ARTI-
CLE  TWENTY-THREE OF THIS CHAPTER, FROM BEING DEPOSITED IN A SOLID WASTE
MANAGEMENT FACILITY.
  S 6. Subdivision 3 of section 71-1307 of the  environmental  conserva-
tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
read as follows:
  3. Criminal sanctions. Any person who,  having  any  of  the  culpable
mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
violates any provision of article 23 of  this  chapter  or  commits  any
offense  described in section 71-1305 of this title shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
not  to  exceed  one  thousand  dollars  for  each day during which such
violation continues or by imprisonment for a term of not more  than  one
year,  or by both such fine and imprisonment. If the conviction is for a
subsequent offense committed after a first  conviction  of  such  person
under  this  subdivision,  punishment  shall  be by a fine not to exceed
eight thousand dollars for each day during which such violation  contin-
ues  or by imprisonment for a term of not more than one year, or by both
such fine and imprisonment.   NOTWITHSTANDING  THE  PROVISIONS  OF  THIS
SUBDIVISION,  ANY  PERSON  WHO  VIOLATES  THE  PROVISIONS OF SUBDIVISION
FIFTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED TWENTY-FIVE  THOUSAND  DOLLARS  PER  VIOLATION  AND/OR  BY
IMPRISONMENT  FOR  A  TERM OF NOT MORE THAN ONE YEAR.  EACH INTRODUCTION
AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS  EXTRACTION  ACTIV-
ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
  S  7. Section 71-1933 of the environmental conservation law is amended
by adding a new subdivision 5-a to read as follows:
  5-A. ANY PERSON WHO KNOWINGLY, AS DEFINED  IN  SECTION  15.05  OF  THE
PENAL  LAW,  VIOLATES  THE  RULES OR REGULATIONS PROMULGATED PURSUANT TO
PARAGRAPH F OF SUBDIVISION FOUR OF SECTION 17-1905 OF THIS CHAPTER SHALL
BE PUNISHABLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND  DOLLARS  PER
VIOLATION  AND/OR  UP  TO  THIRTY  DAYS  IMPRISONMENT. EACH INTRODUCTION
AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL  GAS  EXTRACTION  ACTIV-
ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.

A. 7497                             3

  S  8.  Subdivision 2 of section 71-2703 of the environmental conserva-
tion law is amended by adding a new paragraph d to read as follows:
  D.  ANY PERSON WHO KNOWINGLY, AS DEFINED IN SECTION 15.05 OF THE PENAL
LAW, VIOLATES THE RULES OR REGULATIONS PROMULGATED PURSUANT TO  SUBDIVI-
SION  SEVEN  OF SECTION 27-0703 OF THIS CHAPTER SHALL BE PUNISHABLE BY A
FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR  UP
TO  THIRTY  DAYS  IMPRISONMENT.  EACH INTRODUCTION AND/OR APPLICATION OF
WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES SHALL  CONSTITUTE  A
SEPARATE AND DISTINCT VIOLATION.
  S 9. This act shall take effect on the one hundred eightieth day after
it shall have become a law.