S T A T E O F N E W Y O R K
________________________________________________________________________
2560
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
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Introduced by M. of A. KATZ -- Multi-Sponsored by -- M. of A. FINCH --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to wet
weather discharges from sanitary sewers
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 17-0709 to read as follows:
S 17-0709. FACTORS FOR THE COMMISSIONER TO CONSIDER WHEN ISSUING
PERMITS.
1. THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE SHALL
CONSIDER THE FOLLOWING, TO THE EXTENT ALLOWABLE UNDER THIS CHAPTER AND
THE FEDERAL WATER POLLUTION CONTROL ACT FOR ALL PERMITS ISSUED PURSUANT
TO THIS CHAPTER FOR ANY DISCHARGES CONSISTING OF COMBINED SEWER OVER-
FLOWS, REQUIRING AND APPROVING LONG-TERM CONTROL PLANS FOR WET WEATHER
DISCHARGES FROM COMBINED OR SEPARATE SANITARY SEWER SYSTEMS, OR ENFORC-
ING PROVISIONS OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C.
SECS. 1251 ET SEQ.:
A. LIMITATIONS ON A COMMUNITY'S FINANCIAL CAPABILITIES AND ABILITY TO
RAISE OR SECURE NECESSARY FUNDING;
B. AFFORDABILITY OF CONTROL OPTIONS;
C. AN EVALUATION OF THE EFFECTIVENESS AND AFFORDABILITY OF CONTROL
TECHNOLOGIES;
D. PROMOTION OF GREEN INFRASTRUCTURE;
E. REDUCING ECONOMIC IMPACTS ON REGULATED ENTITIES, OTHER STATE AND
LOCAL GOVERNMENTAL ENTITIES, AND RESIDENTS;
F. ALLOWING FOR REASONABLE ACCOMMODATIONS FOR REGULATED ENTITIES AND
OTHER STATE AND LOCAL GOVERNMENTAL ENTITIES WHEN INFLEXIBLE STANDARDS
AND FINES WOULD IMPOSE A DISPROPORTIONATE FINANCIAL HARDSHIP IN LIGHT OF
THE ENVIRONMENTAL BENEFITS TO BE GAINED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04448-01-5
A. 2560 2
G. GIVING PREFERENCE, WHERE PROPOSED BY A PERMITTEE, TO CONTROL
OPTIONS THAT MEET PRESUMPTION APPROACH PERFORMANCE CRITERIA AND DEMON-
STRATE SIGNIFICANT POLLUTION REDUCTION RATHER THAN MANDATING SPECIFIC
DESIGNS;
H. ALLOWING ADEQUATE TIME AND FLEXIBILITY FOR IMPLEMENTATION SCHEDULES
WHEN JUSTIFIED BY A CLEAR ENVIRONMENTAL BENEFIT, A COMMUNITY'S ABILITY
TO RAISE OR SECURE ADEQUATE FUNDS, AN ANALYSIS CONCLUDING THAT THE COSTS
OF A SHORTER IMPLEMENTATION SCHEDULE OUTWEIGH THE BENEFITS OF FASTER
IMPLEMENTATION, OR OTHER FACTORS; AND
I. FACTORS SET FORTH IN THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S "COMBINED SEWER OVERFLOW CONTROL POLICY" THAT MAY EASE THE COST
BURDENS OF IMPLEMENTING LONG-TERM CONTROL PLANS, INCLUDING BUT NOT
LIMITED TO SMALL SYSTEM CONSIDERATIONS, THE ATTAINABILITY OF WATER QUAL-
ITY STANDARDS, AND THE DEVELOPMENT OF WET WEATHER STANDARDS.
S 2. This act shall take effect immediately.