Bill S5412-2013

Relates to prohibiting the acceptance of wastewater from oil or natural gas extraction activities at wastewater treatment facilities and landfills

Relates to prohibiting the acceptance of waste water from oil or natural gas extraction activities at wastewater treatment facilities and landfills.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • May 16, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S5412

TITLE OF BILL: An act to amend the environmental conservation law, in relation to banning the acceptance of wastewater from oil or natural gas extraction activities at wastewater treatment facilities and landfills

PURPOSE: To regulate the sale, application, and disposal of waste associated with natural gas exploration and extraction activities

SUMMARY OF PROVISIONS:

Section 1 amends the section 23-0101 of the environmental conservation law to expand the definition of waste to include waste that is generated as a result of oil or natural gas extraction.

Section 2 amends section 23-0101 to add a new subdivision to define natural gas extraction activities. Natural gas extraction activities is defined as all geologic or geophysical activities related to the exploration for or the extraction of natural gas.

Section 3 amends section 23-0305 of the environmental conservation law to add a new subdivision to prohibit the application of waste from oil or natural gas extraction activities on any state-owned property.

Section 4 amends section 17-1905 of the environmental conservation law to add a new paragraph f to prohibit waste from oil or natural gas activities from being introduced in or processed by any waste water treatment facility in the state of New York.

Section 5 amends section 27-0703 of the environmental conservation law to add a new subdivision to require the Department of Environmental Conservation to adopt regulations prohibiting waste from oil or natural gas extraction activities from being deposited in a solid waste management facility.

Section 6 amends section 71-1307 of the environmental conservation law to create a penalty for each violation of subdivision fifteen of section 230305. The penalty is set forth as a fine not to exceed twenty-five thousand dollars per violation and/or imprisonment for a term of not more than one year of section.

Section 7 amends section 71-1933 of the environmental conservation law to add a new subdivision that sets forth a penalty for violating the new paragraph f subdivision four of section 17-1905. The penalty is set forth as a fine not to exceed twenty-five thousand dollars per violation and/or thirty days imprisonment.

Section 8 amends section 71-2703 of the environmental conservation law to add a new paragraph d that sets forth the penalty for violating the rules and regulations to be promulgated pursuant to subdivision seven of section 27-0703. The penalty is set forth as a fine not to exceed twenty-five thousand dollars per violation and/or thirty days imprisonment.

JUSTIFICATION: Waste from hydraulic fracturing, including flowback fluid, brine, solid wastes, and leachate from solid wastes, contain toxic and radioactive substances that, if placed in our water and waste disposal systems, can cause significant public health and environmental risks. Currently, waste from hydraulic fracturing is approved and possibly could be placed for treatment in waste water treatment facilities and disposed of in landfills. However, treatment facilities are not currently equipped to handle these chemicals, contaminants, and radioactive materials, and dumping this waste in landfills poses the possibility of it spreading into our environment, threatening our environment, waterways and public health

By prohibiting the sale of hydraulic fracturing wastes from disposal in landfills, as well as in treatment facilities, we can avert any unnecessary health risks to our wildlife and ourselves.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect on the one hundred eightieth day after it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5412 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. GIPSON -- 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 banning the acceptance of wastewater from oil or natural gas extraction activities at wastewater treatment facilities and landfills THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 20 of section 23-0101 of the environmental conservation law, as amended by chapter 846 of the laws of 1981, is amended to read as follows: 20. "Waste" means a. Physical waste, as that term is generally understood in the oil and gas industry; b. The inefficient, excessive or improper use of, or the unnecessary dissipation of reservoir energy; c. The locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which causes or tends to cause reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations, or which causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; d. The inefficient storing of oil or gas; [and] e. The flaring of gas produced from an oil or condensate well after the department has found that the use of the gas, on terms that are just and reasonable, is, or will be economically feasible within a reasonable time[.]; AND F. ANY WASTE THAT IS GENERATED AS A RESULT OF OIL OR NATURAL GAS EXTRACTION ACTIVITIES, WHICH INCLUDES, BUT IS NOT LIMITED TO, LEACHATE FROM SOLID WASTE ASSOCIATED WITH NATURAL GAS EXTRACTION ACTIVITIES. THIS WASTE MAY CONSIST OF AMONG OTHER SUBSTANCES, WATER, CHEMICAL ADDI-
TIVES, OR NATURALLY OCCURRING RADIOACTIVE MATERIALS (NORM) AND HEAVY METALS. S 2. Section 23-0101 of the environmental conservation law is amended by adding a new subdivision 21 to read as follows: 21. "NATURAL GAS EXTRACTION ACTIVITIES" MEANS ALL GEOLOGIC OR GEOPHY- SICAL ACTIVITIES RELATED TO THE EXPLORATION FOR OR EXTRACTION OF NATURAL GAS OR OTHER SUBSURFACE HYDROCARBON DEPOSITS, INCLUDING, BUT NOT LIMITED TO, CORE AND ROTARY DRILLING AND HYDRAULIC FRACTURING. S 3. Section 23-0305 of the environmental conservation law is amended by adding a new subdivision 15 to read as follows: 15. THE DEPARTMENT SHALL PROHIBIT THE APPLICATION OF WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES ON ANY STATE-OWNED REAL PROPERTY, FOR ANY PURPOSE. S 4. Subdivision 4 of section 17-1905 of the environmental conserva- tion law is amended by adding a new paragraph f to read as follows: F. ENSURE THAT THE INTRODUCTION OF WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES INTO ANY WASTE WATER TREATMENT FACILITY WITHIN THE STATE IS PROHIBITED. S 5. Section 27-0703 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. THE DEPARTMENT SHALL ADOPT REGULATIONS PROHIBITING WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES, AS SUCH TERMS ARE DEFINED IN ARTI- CLE TWENTY-THREE OF THIS CHAPTER, FROM BEING DEPOSITED IN A SOLID WASTE MANAGEMENT FACILITY. S 6. Subdivision 3 of section 71-1307 of the environmental conserva- tion law, as amended by chapter 99 of the laws of 2010, is amended to read as follows: 3. Criminal sanctions. Any person who, having any of the culpable mental states defined in sections 15.05 and 20.20 of the penal law, violates any provision of article 23 of this chapter or commits any offense described in section 71-1305 of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine not to exceed eight thousand dollars for each day during which such violation contin- ues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION FIFTEEN OF SECTION 23-0305 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR BY IMPRISONMENT FOR A TERM OF NOT MORE THAN ONE YEAR. EACH INTRODUCTION AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIV- ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION. S 7. Section 71-1933 of the environmental conservation law is amended by adding a new subdivision 5-a to read as follows: 5-A. ANY PERSON WHO KNOWINGLY, AS DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES THE RULES OR REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH F OF SUBDIVISION FOUR OF SECTION 17-1905 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR UP TO THIRTY DAYS IMPRISONMENT. EACH INTRODUCTION AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIV- ITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION.
S 8. Subdivision 2 of section 71-2703 of the environmental conserva- tion law is amended by adding a new paragraph d to read as follows: D. ANY PERSON WHO KNOWINGLY, AS DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES THE RULES OR REGULATIONS PROMULGATED PURSUANT TO SUBDIVI- SION SEVEN OF SECTION 27-0703 OF THIS CHAPTER SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION AND/OR UP TO THIRTY DAYS IMPRISONMENT. EACH INTRODUCTION AND/OR APPLICATION OF WASTE FROM OIL OR NATURAL GAS EXTRACTION ACTIVITIES SHALL CONSTITUTE A SEPARATE AND DISTINCT VIOLATION. S 9. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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