S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9287
 
                           I N  A S S E M B L Y
 
                             February 23, 2024
                                ___________
 
 Introduced  by  M.  of  A.  LEVENBERG  --  read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing nutrient inactivant applicator permits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 17 of the environmental conservation law is amended
 by adding a new title 23 to read as follows:
                                 TITLE 23
                SPECIAL PERMITS FOR APPLICATION OF NUTRIENT
                                INACTIVANTS
 SECTION 17-2301. DEFINITIONS.
         17-2303. NUTRIENT INACTIVANT APPLICATOR PERMITS.
         17-2305. DENIAL OR REVOCATION OF PERMITS.
         17-2307. PERMIT FEES.
         17-2309. SANCTIONS.
 § 17-2301. DEFINITIONS.
   AS USED IN THIS TITLE THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "NUTRIENT  INACTIVANT  APPLICATION BUSINESS" SHALL MEAN A BUSINESS
 THAT COMMERCIALLY APPLIES NUTRIENT INACTIVANTS.
   2. "NUTRIENT INACTIVANTS" ARE PRODUCTS USED FOR CONTROLLING PHOSPHORUS
 LEVELS IN LAKES TO PREVENT AND INHIBIT HARMFUL  ALGAL  BLOOMS  INCLUDING
 ALUMINUM  SULFATE,  SODIUM ALUMINATE, LANTHANUM, AND OTHER SUCH PRODUCTS
 AS DETERMINED BY THE DEPARTMENT.
   3. "APPLICATION OF NUTRIENT INACTIVANTS"  SHALL  MEAN  THE  COMMERCIAL
 APPLICATION OF NUTRIENT INACTIVANTS.
   4. "NUTRIENT INACTIVANT APPLICATOR" SHALL BE A PERSON CERTIFIED BY THE
 DEPARTMENT PURSUANT TO SECTION 17-2303 OF THIS TITLE.
   5.  "NUTRIENT INACTIVANT APPLICATOR PERMIT" SHALL MEAN A SPECIAL SPDES
 PERMIT ISSUED UNDER THIS TITLE FOR THE APPLICATION OF  NUTRIENT  INACTI-
 VANTS. SUCH PERMIT SHALL BE CONSIDERED A SPDES PERMIT ISSUED UNDER TITLE
 EIGHT  OF  THIS  ARTICLE AND SHALL HAVE THE SAME REQUIREMENTS AND PRIVI-
 LEGES AS A SPDES PERMIT  ISSUED  UNDER  TITLE  EIGHT  OF  THIS  ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13387-03-4
 A. 9287                             2
 
 PROVIDED,  HOWEVER,  WHERE  THE  REQUIREMENTS AND PRIVILEGES OF A PERMIT
 ISSUED UNDER THIS TITLE IS INCONSISTENT WITH THAT  OF  A  PERMIT  ISSUED
 UNDER  TITLE  EIGHT  OF  THIS  ARTICLE,  THE REQUIREMENTS AND PRIVILEGES
 DESCRIBED IN THIS TITLE SHALL APPLY.
 § 17-2303. NUTRIENT INACTIVANT APPLICATOR PERMITS.
   1.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW OR REGULATION PURSUANT
 TO THIS TITLE, A PERSON WHO HAS A VALID NUTRIENT  INACTIVANT  APPLICATOR
 PERMIT  ISSUED BY THE COMMISSIONER MAY ENGAGE IN THE COMMERCIAL APPLICA-
 TION OF NUTRIENT INACTIVANTS.
   2. APPLICATION FOR A NUTRIENT INACTIVANT APPLICATOR  PERMIT  SHALL  BE
 MADE  TO THE COMMISSIONER. THE APPLICATION SHALL BE ON A FORM PRESCRIBED
 BY THE COMMISSIONER AND SHALL BE ACCOMPANIED BY THE FEE OR FEES PROVIDED
 IN SECTION 17-0821 OF THIS ARTICLE.
   3. AN APPLICANT FOR A NUTRIENT INACTIVANT APPLICATOR PERMIT SHALL:
   (A) PROVIDE PROOF TO THE COMMISSIONER OF SUCH APPLICANT'S KNOWLEDGE OF
 THE SAFE AND PROPER USE, HANDLING,  STORAGE  AND  DISPOSAL  OF  NUTRIENT
 INACTIVANTS AND APPLICATION EQUIPMENT AND/OR SATISFY THE COMMISSIONER AS
 TO  THE  APPLICANT'S KNOWLEDGE AND EXPERIENCE CONCERNING THE PROPER USE,
 HANDLING, STORAGE, AND DISPOSAL OF NUTRIENT INACTIVANTS AND  APPLICATION
 EQUIPMENT; AND
   (B)  BE A CERTIFIED PESTICIDE APPLICATOR, BE REGISTERED AS A PESTICIDE
 BUSINESS OR AGENCY, AND HAVE A COMMERCIAL PERMIT  UNDER  TITLE  NINE  OF
 ARTICLE THIRTY-THREE OF THIS CHAPTER.
   4.  NUTRIENT  INACTIVANT  APPLICATOR  PERMITS SHALL BE VALID FOR THREE
 YEARS AFTER WHICH EVERY APPLICATOR SHALL RECERTIFY.
   5. NO CERTIFICATION SHALL BE VALID UNLESS THE  CERTIFIED  PERSON  ALSO
 HOLDS  A  VALID  IDENTIFICATION CARD ISSUED BY THE COMMISSIONER. CERTIF-
 ICATION IDENTIFICATION CARDS SHALL BE VALID FOR THREE YEARS.
   6. A PERSON WITH A VALID NUTRIENT INACTIVANT APPLICATOR  PERMIT  SHALL
 MAINTAIN  SUCH  RECORDS  AND  SHALL  FURNISH SUCH REPORTS CONCERNING THE
 APPLICATION OF NUTRIENT INACTIVANTS AS THE COMMISSIONER  SHALL  REQUIRE.
 ALL  RECORDS  REQUIRED  TO BE KEPT UNDER THIS SECTION SHALL BE AVAILABLE
 FOR INSPECTION BY THE COMMISSIONER.
 § 17-2305. DENIAL OR REVOCATION OF PERMITS.
   THE COMMISSIONER, AFTER DUE NOTICE AND OPPORTUNITY OF  HEARING  TO  AN
 APPLICANT  OR PERSON WITH A VALID NUTRIENT INACTIVANT APPLICATOR PERMIT,
 MAY DENY AN APPLICATION OR REVOKE A PERMIT PURSUANT TO  TITLE  EIGHT  OF
 THIS ARTICLE.
 § 17-2307. PERMIT FEES.
   ALL  FEES ESTABLISHED BY THE COMMISSIONER PURSUANT TO THIS TITLE SHALL
 BE THE SAME AS THOSE ESTABLISHED BY SECTION 17-0821 OF THIS ARTICLE.
 § 17-2309. SANCTIONS.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION  PURSUANT  TO
 THIS  TITLE  AND/OR  ANY  PROVISION OF THIS ARTICLE AS IT RELATES TO THE
 APPLICATION  OF  NUTRIENT  INACTIVANTS,  ANY  PERSON  WHO  VIOLATES  ANY
 PROVISION  OF  THIS TITLE OR ANY RULE, REGULATION OR ORDER ISSUED THERE-
 UNDER SHALL BE LIABLE TO THE PEOPLE OF THIS STATE FOR A CIVIL PENALTY OF
 UP TO ONE THOUSAND DOLLARS FOR A FIRST VIOLATION TO BE ASSESSED  BY  THE
 COMMISSIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD.  IN DETERMINING
 THE  AMOUNT  OF  THE  PENALTY,  THE COMMISSIONER SHALL TAKE INTO ACCOUNT
 WHETHER THE VIOLATION POSED AN IMMEDIATE THREAT TO  THE  ENVIRONMENT  OR
 THE  HEALTH  AND  SAFETY OF THE PUBLIC. ANY SUBSEQUENT VIOLATION OF THIS
 TITLE AND/OR ANY PROVISION OF THIS ARTICLE AS IT RELATES TO THE APPLICA-
 TION OF NUTRIENT INACTIVANTS WOULD BE SUBJECT TO THE  APPROPRIATE  SANC-
 TIONS PURSUANT TO TITLE EIGHT OF THIS ARTICLE.
 A. 9287                             3
 
   § 2.  Section 33-0103 of the environmental conservation law is amended
 by adding a new subdivision 4 to read as follows:
   4. THIS ARTICLE SHALL NOT APPLY TO THE APPLICATION OF NUTRIENT INACTI-
 VANTS,  AS SUCH TERM IS DEFINED IN SECTION 17-2301 OF THIS CHAPTER, BY A
 PERSON HOLDING A NUTRIENT INACTIVANT APPLICATOR PERMIT UNDER TITLE TWEN-
 TY-THREE OF ARTICLE SEVENTEEN OF THIS CHAPTER.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 17-0833 to read as follows:
 § 17-0833. SPDES PERMITS; NUTRIENT INACTIVANT APPLICATOR PERMIT.
   FOR THE PURPOSES OF THIS TITLE, NUTRIENT INACTIVANT APPLICATOR PERMITS
 ISSUED  UNDER  TITLE  TWENTY-THREE OF THIS ARTICLE SHALL BE CONSIDERED A
 SPECIAL TYPE OF SPDES PERMIT. SPDES PERMITS SHALL NOT BE ISSUED FOR  THE
 APPLICATION  OF NUTRIENT INACTIVANTS, AS SUCH TERM IS DEFINED IN SECTION
 17-2301 OF THIS ARTICLE, EXCEPT AS PROVIDED FOR UNDER TITLE TWENTY-THREE
 OF THIS ARTICLE.
   § 4.  This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.