S T A T E O F N E W Y O R K
________________________________________________________________________
8086
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
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 the
regulation of mining and the reclamation of mines 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
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 and two new subdivisions 4 and 5 are added to read as follows:
3. No agency of this state shall consider an application for a permit
to mine FOR A NEW MINING SITE 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, if local zoning laws or ordinances prohibit mining uses
within the area proposed to be mined. IN ADDITION, NO AGENCY OF THIS
STATE SHALL CONSIDER AN APPLICATION FOR A PERMIT TO MINE FOR A NEW
MINING SITE AS COMPLETE OR PROCESS SUCH APPLICATION FOR A PERMIT TO MINE
PURSUANT TO THIS TITLE, UNLESS THE LOCAL GOVERNMENT SHALL ALSO MAKE A
DETERMINATION THAT SUCH APPLICATION WOULD NOT ADVERSELY IMPACT WATER
QUALITY OR PUBLIC HEALTH. SUCH LOCAL GOVERNMENT SHALL CONSULT WITH THE
LOCAL COUNTY HEALTH DEPARTMENT BEFORE MAKING A DETERMINATION.
4. IN THE CASE OF EXISTING MINING SITES WHICH ARE LEGALLY NON-CONFORM-
ING PURSUANT TO LOCAL ZONING LAWS OR ORDINANCES, (A) LOCATED WITHIN A
SPECIAL GROUNDWATER PROTECTION AREA, DESIGNATED PURSUANT TO SUBDIVISION
ONE OF SECTION 55-0113 OF THIS CHAPTER AND (B) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10941-02-1
A. 8086 2
SOLE SOURCE AQUIFER, NO APPLICATION FOR A PERMIT TO MINE SHALL BE
CONSIDERED AS COMPLETE OR PROCESSED BY THE DEPARTMENT, UNLESS THE LOCAL
GOVERNMENT MAKES A DETERMINATION THAT SUCH APPLICATION WOULD NOT
ADVERSELY IMPACT WATER QUALITY OR PUBLIC HEALTH. SUCH LOCAL GOVERNMENT
SHALL CONSULT WITH THE LOCAL COUNTY HEALTH DEPARTMENT BEFORE MAKING A
DETERMINATION. THIS SUBDIVISION SHALL APPLY TO ALL APPLICATIONS FOR
MINING, INCLUDING APPLICATIONS FOR THE EXPANSION OF MINING AND THE
RENEWAL OF EXISTING PERMITS. EXPANSION OF MINING SHALL INCLUDE BOTH
HORIZONTAL AND VERTICAL EXPANSION OF THE MINING SITE.
5. IN THE CASE OF MINING SITES WHICH ARE (A) LOCATED WITHIN A SPECIAL
GROUNDWATER PROTECTION AREA, DESIGNATED PURSUANT TO SUBDIVISION ONE OF
SECTION 55-0113 OF THIS CHAPTER AND (B) WITHIN COUNTIES WITH A POPU-
LATION OF ONE MILLION OR MORE WHICH DRAW THEIR PRIMARY SOURCE OF DRINK-
ING WATER FOR A MAJORITY OF COUNTY RESIDENTS FROM A DESIGNATED SOLE
SOURCE AQUIFER: NO PERSON SHALL OPERATE A MINE WHERE EITHER THE DEPART-
MENT OR A COUNTY HEALTH DEPARTMENT HAS ISSUED A WRITTEN DETERMINATION TO
THE OWNER OR OPERATOR THAT THE MINE HAS CAUSED OR IS CONTRIBUTING TO ONE
OR MORE EXCEEDANCES OF STATE OR FEDERAL MAXIMUM CONTAMINANT LEVELS
APPLICABLE TO DRINKING WATER OR GROUNDWATER RESOURCES. CESSATION OF
MINING OPERATIONS AS REQUIRED BY THIS SECTION SHALL COMMENCE WITHIN
TWENTY-FOUR HOURS OF RECEIPT BY THE MINE OWNER OR OPERATOR OF SUCH WRIT-
TEN DETERMINATION.
§ 2. Paragraph (b) of subdivision 3 of section 23-2711 of the environ-
mental conservation law, as added by chapter 166 of the laws of 1991,
is amended to read as follows:
(b) If the department finds that the determinations made by the local
government pursuant to paragraph (a) of this subdivision are reasonable
and necessary, the department shall incorporate these into the permit,
if one is issued. If the department does not agree that the determi-
nations are justifiable, then the department shall provide a written
statement to the local government and the applicant, as to the reason or
reasons why the whole or a part of any of the determinations was not
incorporated. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO ANY
DETERMINATION MADE BY A LOCAL GOVERNMENT PURSUANT TO SUBDIVISIONS THREE
AND FOUR OF SECTION 23-2703 OF THIS TITLE. SUCH DETERMINATION SHALL NOT
BE REVIEWABLE BY THE DEPARTMENT AND SHALL BE BINDING UPON THE DEPART-
MENT. SUCH DETERMINATION MAY BE REVIEWED IN ACCORDANCE WITH ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 3. This act shall take effect immediately.