S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    279
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. HOYLMAN, DILAN, KRUEGER, PERKINS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 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:
 § 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 17-0709 to read as follows:
 § 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 OF PERFORMANCE SHALL BE SUPERSEDED BY SUCH FEDERAL STANDARD.
   §  3.  This act shall take effect immediately; provided, however, that
 section two of this act shall take effect January 1, 2022.
 
              
             
                          
                  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05114-01-7