A5152-2011 Actions

• May 8, 2012: held for consideration in environmental conservation
• Jan 4, 2012: referred to environmental conservation
• Feb 14, 2011: referred to environmental conservation

A5152-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5152
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 14, 2011
 
 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 17-0700 to read as follows:

 

S  17-0700.  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.
 LBD08743-01-1
 
       A. 5152                             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.

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