S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4328

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by  M. of A. KATZ -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  wet
  weather discharges from sanitary sewers

  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 17-0709 to read as follows:
S  17-0709.  FACTORS  FOR  THE  COMMISSIONER  TO  CONSIDER  WHEN ISSUING
PERMITS.
  1. THE COMMISSIONER OR HIS  OR  HER  DESIGNATED  REPRESENTATIVE  SHALL
CONSIDER  THE  FOLLOWING, TO THE EXTENT ALLOWABLE UNDER THIS CHAPTER AND
THE FEDERAL WATER POLLUTION CONTROL ACT FOR ALL PERMITS ISSUED  PURSUANT
TO  THIS  CHAPTER  FOR ANY DISCHARGES CONSISTING OF COMBINED SEWER OVER-
FLOWS, REQUIRING AND APPROVING LONG-TERM CONTROL PLANS FOR  WET  WEATHER
DISCHARGES  FROM COMBINED OR SEPARATE SANITARY SEWER SYSTEMS, OR ENFORC-
ING PROVISIONS OF THE FEDERAL WATER POLLUTION  CONTROL  ACT,  33  U.S.C.
SECS. 1251 ET SEQ.:
  A.  LIMITATIONS ON A COMMUNITY'S FINANCIAL CAPABILITIES AND ABILITY TO
RAISE OR SECURE NECESSARY FUNDING;
  B. AFFORDABILITY OF CONTROL OPTIONS;
  C. AN EVALUATION OF THE EFFECTIVENESS  AND  AFFORDABILITY  OF  CONTROL
TECHNOLOGIES;
  D. PROMOTION OF GREEN INFRASTRUCTURE;
  E.  REDUCING  ECONOMIC  IMPACTS ON REGULATED ENTITIES, OTHER STATE AND
LOCAL GOVERNMENTAL ENTITIES, AND RESIDENTS;
  F. ALLOWING FOR REASONABLE ACCOMMODATIONS FOR REGULATED  ENTITIES  AND
OTHER  STATE  AND  LOCAL GOVERNMENTAL ENTITIES WHEN INFLEXIBLE STANDARDS
AND FINES WOULD IMPOSE A DISPROPORTIONATE FINANCIAL HARDSHIP IN LIGHT OF
THE ENVIRONMENTAL BENEFITS TO BE GAINED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07910-01-3

              

A. 4328                             2

  G. GIVING PREFERENCE,  WHERE  PROPOSED  BY  A  PERMITTEE,  TO  CONTROL
OPTIONS  THAT  MEET PRESUMPTION APPROACH PERFORMANCE CRITERIA AND DEMON-
STRATE SIGNIFICANT POLLUTION REDUCTION RATHER  THAN  MANDATING  SPECIFIC
DESIGNS;
  H. ALLOWING ADEQUATE TIME AND FLEXIBILITY FOR IMPLEMENTATION SCHEDULES
WHEN  JUSTIFIED  BY A CLEAR ENVIRONMENTAL BENEFIT, A COMMUNITY'S ABILITY
TO RAISE OR SECURE ADEQUATE FUNDS, AN ANALYSIS CONCLUDING THAT THE COSTS
OF A SHORTER IMPLEMENTATION SCHEDULE OUTWEIGH  THE  BENEFITS  OF  FASTER
IMPLEMENTATION, OR OTHER FACTORS; AND
  I.  FACTORS  SET  FORTH  IN THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY'S "COMBINED SEWER OVERFLOW CONTROL POLICY" THAT MAY EASE THE COST
BURDENS OF IMPLEMENTING  LONG-TERM  CONTROL  PLANS,  INCLUDING  BUT  NOT
LIMITED TO SMALL SYSTEM CONSIDERATIONS, THE ATTAINABILITY OF WATER QUAL-
ITY STANDARDS, AND THE DEVELOPMENT OF WET WEATHER STANDARDS.
  S 2. This act shall take effect immediately.