Prohibits publicly owned treatment works from accepting wastewater associated with the exploration, delineation, development, or production of natural gas from high-volume hydraulic fracturing; provides exceptions.

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S6893-2011 Actions

• Jun 5, 2012: REPORTED AND COMMITTED TO FINANCE
• May 3, 2012: COMMITTEE DISCHARGED AND COMMITTED TO ENVIRONMENTAL CONSERVATION
• Apr 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S6893-2011 Meetings

Environmental Conservation: Jun 5, 2012

S6893-2011 Votes

S6893-2011 Memo

BILL NUMBER:S6893

TITLE OF BILL:
An act
relating to wastewater treatment;
and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
Prohibits publicly owned treatment
works from accepting wastewater associated with natural gas
production where high volume hydraulic fracturing is utilized.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that no publicly owned treatment works shall accept
wastewater associated with the exploration, delineation, development,
or production of natural gas where high-volume hydraulic fracturing
is utilized.

Section 2 provides that a publicly owned treatment works may appeal to
the department for an exemption from section 1 of this act if certain
standards are met.

Section 3 defines high-volume hydraulic fracturing.

Section 4 provides the effective date.

JUSTIFICATION:
Any activity that has the potential to impact New York
State public drinking supplies must be met with the highest scrutiny.
High-volume hydraulic fracturing involves the high-pressure injection
of over 300,000 gallons of water and a variety of chemicals into rock
to stimulate the production of natural gas. The resulting wastewater
contains high concentrations of salts and dissolved solids which, if
improperly treated and released, could impact our water supplies and
pose a serious threat to public health. Hydraulic fracturing fluids
cannot be adequately treated by conventional biological treatment
methods. A small number of publicly owned treatment works (POTW)
employ chemical treatment methods for industrial waste, however, they
are currently unable to safely handle hydraulic fracturing fluid.
This bill's three year ban on POTW treatment of hydraulic fracturing
fluid comes in response to uncertainty expressed by experts in the
field as to whether this waste can be properly treated and what
technology is necessary to do it. The POTW ban will ensure public
safety and protect the environment while allowing the Department of
Environmental Conservation the necessary time to evaluate best
technology standards for POTWs.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately and shall
expire and be deemed repealed three years after such date.

S6893-2011 Text

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

                                    6893

                              I N  SENATE

                                April 4, 2012
                                 ___________

  Introduced  by Sens. GRISANTI, SALAND -- read twice and ordered printed,
    and when printed to be committed to the Committee on Energy and  Tele-
    communications

  AN ACT relating to wastewater treatment; and providing for the repeal of
    such provisions upon expiration thereof

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Notwithstanding any contrary provision of law, no  publicly
  owned treatment works shall accept wastewater associated with the explo-
  ration,  delineation,  development,  or  production of natural gas where
  high-volume hydraulic fracturing is utilized.
    S 2.  A publicly owned treatment works may appeal to the department of
  environmental conservation division  of  water  for  an  exemption  from
  section  one  of  this act if it can meet a standard of performance that
  shall permit no discharge of  pollutants,  or  if  not  feasible,  shall
  reflect  the  greatest  degree  of effluent reduction achievable through
  application of the best available demonstrated control technology, proc-
  esses, operating methods, or other alternatives.
    S 3. For purposes of this act, "High-volume hydraulic  fracturing"  or
  "(HVHF)"  means  hydraulic  fracturing  for natural gas extraction using
  greater than 300,000 gallons of water regardless of whether the well  is
  vertical, directional or horizontal.
    S  4.  This  act shall take effect immediately and shall expire and be
  deemed repealed three years after such date.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13948-07-2