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Senate Bill S5652

2019-2020 Legislative Session

Relates to mining in certain counties which draw the primary source of drinking water from a designated sole source aquifer

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2019-S5652 (ACTIVE) - Details

See Assembly Version of this Bill:
A7558
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-2703, En Con L

2019-S5652 (ACTIVE) - Summary

Relates to mining in counties with a population of one million or more which draws the primary source of drinking water from a designated sole source aquifer, by prohibiting such activity where contamination to groundwater or drinking water on site or attributable to the site exceeds state or federal drinking water or groundwater standards.

2019-S5652 (ACTIVE) - Sponsor Memo

2019-S5652 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 5652                                                  A. 7558
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                                May 9, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Environmental Conservation

 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   mining  in  counties  with  a  population of one million or more which
   draws the primary source of drinking  water  from  a  designated  sole
   source  aquifer, by prohibiting such activities where contamination to
   groundwater or drinking water on site  or  attributable  to  the  site
   exceeds state or federal drinking water or groundwater standards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3  of  section  23-2703  of  the  environmental
 conservation  law,  as  amended  by  chapter 298 of the laws of 2018, is
 amended to read as follows:
   3. No agency of this state shall consider an application for a  permit
 to  mine  as  complete  or process such application for a permit to mine
 pursuant to this title, within counties with a population of one million
 or more which draw their primary source of drinking water for a majority
 of county residents from a designated sole  source  aquifer[,]:  (A)  if
 local  zoning  laws  or  ordinances prohibit mining uses within the area
 proposed to be mined; OR (B) WITHIN  A  SPECIAL  GROUNDWATER  PROTECTION
 AREA,  DESIGNATED PURSUANT TO SUBDIVISION ONE OF SECTION 55-0113 OF THIS
 CHAPTER, THE STATE OR A LOCAL GOVERNMENT HAS DOCUMENTED CONTAMINATION TO
 GROUNDWATER OR DRINKING WATER ON THE SITE OR ATTRIBUTABLE TO  THE  SITE,
 WHICH EXCEEDS MAXIMUM CONTAMINANT LEVELS UNDER STATE OR FEDERAL DRINKING
 WATER OR GROUNDWATER STANDARDS. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
 THE  CHAPTER  OF  THE  LAWS  OF TWO THOUSAND NINETEEN WHICH AMENDED THIS
 SUBDIVISION, NO PERSON SHALL OPERATE A MINE WITHIN A SPECIAL GROUNDWATER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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