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SB340 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           340
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- 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:
 
     1    Section  1.  Subdivision  20  of  section 23-0101 of the environmental
     2  conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
     3  amended to read as follows:
     4    20. "Waste" means
     5    a. Physical waste, as that term is generally understood in the oil and
     6  gas industry;
     7    b.  The  inefficient, excessive or improper use of, or the unnecessary
     8  dissipation of reservoir energy;
     9    c. The locating, spacing, drilling, equipping, operating, or producing
    10  of any oil or gas well or wells in a manner which  causes  or  tends  to
    11  cause  reduction  in  the  quantity of oil or gas ultimately recoverable
    12  from a pool under prudent and proper  operations,  or  which  causes  or
    13  tends  to  cause unnecessary or excessive surface loss or destruction of
    14  oil or gas;
    15    d. The inefficient storing of oil or gas; [and]
    16    e. The flaring of gas produced from an oil or  condensate  well  after
    17  the department has found that the use of the gas, on terms that are just
    18  and reasonable, is, or will be economically feasible within a reasonable
    19  time[.]; and
    20    f.  Any  waste  that  is  generated  as a result of oil or natural gas
    21  extraction activities, which includes, but is not limited  to,  leachate
    22  from  solid  waste  associated  with  natural gas extraction activities.
    23  This waste may consist of among other substances, water, chemical  addi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00071-01-5

        S. 340                              2
 
     1  tives,  or  naturally  occurring  radioactive materials (NORM) and heavy
     2  metals.
     3    §  2. Section 23-0101 of the environmental conservation law is amended
     4  by adding a new subdivision 21 to read as follows:
     5    21. "Natural gas extraction activities" means all geologic or  geophy-
     6  sical activities related to the exploration for or extraction of natural
     7  gas or other subsurface hydrocarbon deposits, including, but not limited
     8  to, core and rotary drilling and hydraulic fracturing.
     9    §  3. Section 23-0305 of the environmental conservation law is amended
    10  by adding a new subdivision 15 to read as follows:
    11    15. The department shall prohibit the application of waste from oil or
    12  natural gas extraction activities on any state-owned real property,  for
    13  any purpose.
    14    §  4.  Subdivision 4 of section 17-1905 of the environmental conserva-
    15  tion law is amended by adding a new paragraph f to read as follows:
    16    f. Ensure that the introduction of  waste  from  oil  or  natural  gas
    17  extraction activities into any waste water treatment facility within the
    18  state is prohibited.
    19    §  5. Section 27-0703 of the environmental conservation law is amended
    20  by adding a new subdivision 7 to read as follows:
    21    7. The department shall adopt regulations prohibiting waste  from  oil
    22  or natural gas extraction activities, as such terms are defined in arti-
    23  cle  twenty-three of this chapter, from being deposited in a solid waste
    24  management facility.
    25    § 6. Subdivision 3 of section 71-1307 of the  environmental  conserva-
    26  tion  law,  as  amended by chapter 99 of the laws of 2010, is amended to
    27  read as follows:
    28    3. Criminal sanctions. Any person who,  having  any  of  the  culpable
    29  mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
    30  violates any provision of article 23 of  this  chapter  or  commits  any
    31  offense  described in section 71-1305 of this title shall be guilty of a
    32  misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
    33  not  to  exceed  one  thousand  dollars  for  each day during which such
    34  violation continues or by imprisonment for a term of not more  than  one
    35  year,  or by both such fine and imprisonment. If the conviction is for a
    36  subsequent offense committed after a first  conviction  of  such  person
    37  under  this  subdivision,  punishment  shall  be by a fine not to exceed
    38  eight thousand dollars for each day during which such violation  contin-
    39  ues  or by imprisonment for a term of not more than one year, or by both
    40  such fine and imprisonment.   Notwithstanding  the  provisions  of  this
    41  subdivision,  any  person  who  violates  the  provisions of subdivision
    42  fifteen of section 23-0305 of this chapter shall be punishable by a fine
    43  not to exceed twenty-five  thousand  dollars  per  violation  and/or  by
    44  imprisonment  for  a  term of not more than one year.  Each introduction
    45  and/or application of waste from oil or natural  gas  extraction  activ-
    46  ities shall constitute a separate and distinct violation.
    47    §  7. Section 71-1933 of the environmental conservation law is amended
    48  by adding a new subdivision 5-a to read as follows:
    49    5-a. Any person who knowingly, as defined  in  section  15.05  of  the
    50  penal  law,  violates  the  rules or regulations promulgated pursuant to
    51  paragraph f of subdivision four of section 17-1905 of this chapter shall
    52  be punishable by a fine not to exceed twenty-five thousand  dollars  per
    53  violation  and/or  up  to  thirty  days  imprisonment. Each introduction
    54  and/or application of waste from oil or natural  gas  extraction  activ-
    55  ities shall constitute a separate and distinct violation.

        S. 340                              3
 
     1    §  8.  Subdivision 2 of section 71-2703 of the environmental conserva-
     2  tion law is amended by adding a new paragraph d to read as follows:
     3    d.  Any person who knowingly, as defined in section 15.05 of the penal
     4  law, violates the rules or regulations promulgated pursuant to  subdivi-
     5  sion  seven  of section 27-0703 of this chapter shall be punishable by a
     6  fine not to exceed twenty-five thousand dollars per violation and/or  up
     7  to  thirty  days  imprisonment.  Each introduction and/or application of
     8  waste from oil or natural gas extraction activities shall  constitute  a
     9  separate and distinct violation.
    10    § 9. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.
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