Bill S3863-2015

Prohibits the sale, purchase or use of hydrofracking liquid waste products; requires the department of environmental conservation to establish rules regarding the proper disposal of waste products

Prohibits the sale, purchase or use of any liquid waste product from hydraulic fracturing operations and requires the department of environmental conservation to establish rules and regulations concerning the proper disposal of waste products generated during the process of hydraulic fracturing.

Details

Actions

  • Feb 20, 2015: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S3863

TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the sale or use of any liquid waste product from hydraulic fracturing operations and requiring the department of environmental conservation to establish rules and regulations concerning the proper disposal of waste products generated during the process of hydraulic fracturing

PURPOSE OR GENERAL IDEA OF BILL:

To ensure the proper disposal of any and all waste products generated during the process of hydraulic fracturing and prohibit the sale or use of any liquid waste.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends the environmental conservation law by adding a new section 23-1712 which prohibits the sale or use of any liquid waste product from hydraulic fracturing. In addition, the department of environmental conservation will be required to establish rules and regulations for the proper disposal of any and all waste products generated during the process of hydro fracturing.

Section 2 provides the effective date.

JUSTIFICATION:

Liquid waste created from the process of hydraulic fracturing contains high concentrations of salts that would make it an effective solvent for de-icing and dust control on roadways. However, it has also been reported that the same liquid waste has properties that raise public health concerns.

The Department of Environmental Conservation notes in the draft Supplemental Generic Environmental Impact Statement (SGEIS) that these liquid wastes may contain elevated concentrations of naturally occurring radioactive materials (NORM) such as radium and its decay products. The report further states that activities with the potential to concentrate NORM need to come under regulatory oversight to ensure adequate protection of workers, the general public and the environment. Testing has identified increased levels of hydrocarbons such as benzene in liquid waste from drilling operations in the Marcellus Shale.

Recognizing the potential health impacts from releasing liquid waste into the environment, this legislation will prohibit its use for any purpose. This legislation further requires the department to ensure the safe disposal of all liquid waste that contains a high concentration of chemicals, used in the process of hydraulic fracturing.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect immediately; provided, that the department of environmental conservation shall establish rules and regulations concerning the proper disposal of any and all waste products generated during the process of hydraulic fracturing within ninety days of the effective date of this act.


Text

STATE OF NEW YORK ________________________________________________________________________ 3863 2015-2016 Regular Sessions IN SENATE February 20, 2015 ___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the sale or use of any liquid waste product from hydraulic fracturing operations and requiring the department of environmental conservation to establish rules and regulations concerning the proper disposal of waste products generated during the process of hydraulic fracturing 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 23-1712 to read as follows: S 23-1712. PROHIBITION ON THE SALE OR USE OF ANY LIQUID WASTE PRODUCT FROM HYDRAULIC FRACTURING OPERATIONS. 1. NO PERSON SHALL SELL, PURCHASE OR UTILIZE ANY LIQUID WASTE PRODUCT FROM HYDRAULIC FRACTURING OPERATIONS, INCLUDING, BUT NOT LIMITED TO FRACKING WASTE BRINE. 2. THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS CONCERNING THE PROPER DISPOSAL OF ANY AND ALL WASTE PRODUCTS GENERATED DURING THE PROC- ESS OF HYDRAULIC FRACTURING. S 2. This act shall take effect immediately; provided, however, that the department of environmental conservation shall establish rules and regulations concerning the proper disposal of any and all waste products generated during the process of hydraulic fracturing within ninety days of the effective date of this act.

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