STATE OF NEW YORK
________________________________________________________________________
7986
2011-2012 Regular Sessions
IN ASSEMBLY
May 25, 2011
___________
Introduced by M. of A. SWEENEY -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
testing of water when drilling oil and natural gas wells
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23-0501 of the environmental conservation law is
2 amended by adding five new subdivisions 4, 5, 6, 7 and 8 to read as
3 follows:
4 4. After receiving a permit pursuant to this title and prior to
5 commencing any drilling on the site, the permit holder shall cause a
6 test to be performed on ground and surface water sources within a one
7 thousand foot radius of the wellbore and on all water wells in the
8 production unit unless the department determines that criteria, includ-
9 ing, but not limited to site hydrology, require an expanded radius. For
10 the purpose of this section "test of ground and surface water sources"
11 shall mean water sampling to determine flow rate and to identify
12 compounds or contaminants of concern. Compounds or contaminants of
13 concern shall include ingredients contained in hydrofracturing fluids
14 and chemical treatment, and any other contaminants identified by the
15 department. In developing the list of contaminants the department shall
16 consult with the state and county departments of health. Copies of such
17 tests shall be provided to landowners within the testing radius. The
18 cost of such test shall be borne by the permit holder. Any landowner,
19 other than the permit holder or his or her employees, may refuse to have
20 any tests required by this subdivision performed on his or her land.
21 Such refusal shall be in writing and shall relieve the permit holder of
22 his or her testing obligation.
23 5. Upon well completion and prior to any production and also after any
24 subsequent hydrofracturing and/or chemical treatment the permit holder
25 shall cause a test to be performed on ground and surface water sources
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02910-01-1
A. 7986 2
1 within a one thousand foot radius of the wellbore and all water wells in
2 the production unit unless the department determines that criteria,
3 including, but not limited to site hydrology, require an expanded radi-
4 us. Any landowner, other than the permit holder or his or her employees,
5 may refuse to have any tests required by this subdivision performed on
6 his or her land. Such refusal shall be in writing and shall relieve the
7 permit holder of his or her testing obligation. Copies of such tests
8 shall be provided to the landowners within the testing radius. The cost
9 of such test shall be borne by the permit holder.
10 6. Permit holders of producing wells shall cause an annual test to be
11 performed on the quality of ground and surface water sources within a
12 one thousand foot radius of the wellbore and on all water wells in the
13 production unit unless the department determines that criteria includ-
14 ing, but not limited to site hydrology require an expanded radius. Any
15 landowner, other than the permit holder or his or her employees, may
16 refuse to have any tests required by this subdivision performed on his
17 or her land. Such refusal shall be in writing and shall relieve the
18 permit holder of his or her testing obligation. Test results shall be
19 provided to landowners within the testing radius. The cost of such test
20 shall be borne by the permit holder.
21 7. If the results of a test performed pursuant to subdivision five or
22 six of this section show: (a) that the ground or surface water sources
23 contain compounds or contaminants of concern that are in violation of
24 the state sanitary code or the federal safe drinking water act, or (b)
25 with regard to methane or any other compound or contaminant of concern,
26 that there has been a violation of the standards promulgated by the
27 department pursuant to subdivision eight of this section, or (c) that
28 flow rate has been adversely affected; then the permit holder shall be
29 liable for:
30 (i) all costs of removal or remedial action including those incurred
31 by the state, municipality, or entity involved in the clean-up of the
32 water source;
33 (ii) any other necessary costs of response incurred by the state,
34 municipality, or entity, or by any other person associated with the
35 clean-up of the water source;
36 (iii) damages for injury to, destruction of, or loss of natural
37 resources, including the reasonable cost of assessing such injury,
38 destruction, or loss, resulting from the contamination of the water
39 source; and
40 (iv) the cost of any health assessment or health effects study carried
41 out under 42 U.S.C. § 9604, or similar state statute.
42 8. The department, in consultation with the department of health,
43 shall promulgate rules and regulations establishing standards for meth-
44 ane and other compounds or contaminants of concern.
45 § 2. This act shall take effect on the sixtieth day after it shall
46 have become a law. The department of environmental conservation shall
47 have 120 days to promulgate rules and regulations.
