Senate Bill S437

                                
 
BILL NUMBER: S437

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
banning the acceptance of high volume hydraulic fracturing wastewater
from oil or natural gas extraction at wastewater treatment facilities
and solid waste management facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

To regulate the disposal of waste associated with high volume hydraulic
fracturing associated with natural gas exploration and extraction activ-
ities.

 
SUMMARY OF PROVISIONS:

Amends section 17-1905 of the Environmental Conservation Law to add a
new paragraph to require the Department of Environmental Conservation to
adopt regulations prohibiting high volume hydraulic fracturing waste
              

from oil or natural gas activities from being introduced into or proc-
essed by any waste treatment facility in the State of New York.

Amends section 27-0703 of the Environmental Conservation Law to add a
new subdivision to require the Department of Environmental Conservation
to adopt regulations prohibiting waste from oil or natural gas
extraction activities from being deposited in a solid waste management
facility.

 
JUSTIFICATION:

Waste from hydraulic fracturing, including flow back fluid, brine, solid
wastes, and leachate from solid wastes, if placed in our water, waste
disposal systems and roadways, can cause significant public health and
environmental risks. Currently, waste from hydraulic fracturing is
allowed to enter New York State and could be placed for treatment in
wastewater treatment facilities and disposed of in landfills in New
York. However, treatment facilities are generally not currently equipped
to handle these chemicals, contaminants, and radioactive materials, and
dumping this waste in landfills poses the possibility of it spreading
into our environment, threatening our ecosystems, waterways and public
health. Production brine contains chemicals, metals, excess salts and
carcinogens like benzene as well as radioactive material. Production
brine, once it makes its way from our roadways to our waterways, can
become a threat to potable water systems as well as to aquatic ecosys-
tems. Current restrictions as to the spreading of brine on roadways are
vague and limited and chemical testing of liquid waste before it goes on
roads in minimal. By prohibiting the disposal of hydraulic fracturing
wastes in landfills, as well as in water treatment facilities and use on
roadways, we can avert any unnecessary health risks to our wildlife and
ourselves.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.98-B(Hoylman) - Died in Environmental Conservation Committee
2015-16: S.340(Hoylman) - Died in Environmental Conservation Committee
2013-14: S.5412(Gipson) - Died in Environmental Conservation Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.