S04350 Summary:

BILL NOS04350
 
SAME ASSAME AS A00708
 
SPONSORKRUGER
 
COSPNSR
 
MLTSPNSR
 
Add S17-0830, En Con L
 
Enacts the "chlorine zero discharge act"; prohibits the discharge of chlorine compounds into the navigable waters of the state by pulp and paper manufacturing concerns after 4 years; directs commissioner of environmental conservation to evaluate alternatives to use of organochlorines and to report to the governor and legislature.
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S04350 Actions:

BILL NOS04350
 
04/22/2009REFERRED TO ENVIRONMENTAL CONSERVATION
01/06/2010REFERRED TO ENVIRONMENTAL CONSERVATION
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S04350 Floor Votes:

There are no votes for this bill in this legislative session.
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S04350 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4350
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                     April 22, 2009
                                       ___________
 
        Introduced  by  Sen.  KRUGER -- 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 elim-
          inating certain discharges of chlorine compounds  into  state  waters,
          and for other purposes
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act may be cited as  the  "chlorine  zero
     2  discharge act".
     3    § 2. Legislative intent. The legislature finds that:
     4    1.  toxic substances that persist or bioaccumulate in the environment,
     5  build to higher and  higher  concentration  over  time,  reaching  their
     6  greatest  levels  in  the  tissues  of  species  high on the food chain,
     7  including humans;
     8    2. toxic substances that persist or bioaccumulate in  the  environment
     9  are  biologically  active in infinitesimal quantities, causing reproduc-
    10  tive  failure,  birth  defects,   developmental   impairment,   hormonal
    11  disruption,  behavioral  disorders, immune suppression and cancer at low
    12  doses, and mixtures of these substances may cause these effects at  even

    13  lower doses;
    14    3.  regulatory  approaches  that  permit  even  limited production and
    15  discharge of toxic substances that persist or  bioaccumulate  result  in
    16  the  accumulation  of these substances in the environment and food chain
    17  over time and subsequent damage  to  the  health  of  humans  and  other
    18  species;
    19    4.  the  most favored method of preventing the continued contamination
    20  of the environment from persistent or bioaccumulative  toxic  substances
    21  is  to  phase  out  their  production or use over time and replace these
    22  substances or the processes that  produce  them,  or  both,  with  safer
    23  alternatives;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01772-01-9


        S. 4350                             2
 
     1    5.  among the persistent or bioaccumulative toxic substances of great-
     2  est concern are organochlorines discharged in the production of pulp and
     3  paper as a result of the  use  of  chlorine  or  any  other  chlorinated
     4  oxidizing agents in the pulp and paper manufacturing process;
     5    6.  the  Great Lakes Water Quality Agreement between the United States
     6  and Canada concludes that the discharge of  toxic  substances  in  toxic
     7  amounts  be  prohibited and the discharge of any or all persistent toxic
     8  substances be virtually eliminated; and
     9    7. in the Sixth Biennial Report on  Great  Lakes  Water  Quality,  the
    10  International  Joint  Commission  on Great Lakes Water Quality concluded
    11  that the concepts of virtual elimination and zero discharge are consist-
    12  ent and a clear statement or direction to take  to  achieve  the  Agree-

    13  ment's  purpose.  The overall strategy or aim regarding persistent toxic
    14  substances is virtual elimination, and the tactic or method to  be  used
    15  to  achieve  the  aim  is  through  zero  input  or  discharge  of those
    16  substances created as a result of human activity.
    17    § 3. The environmental conservation law is amended  by  adding  a  new
    18  section 17-0830 to read as follows:
    19  §  17-0830.  Discharge of organochlorine compounds, byproducts, or meta-
    20               bolites.
    21    1. (a) Effective four years after the effective date of this  section,
    22  each  pulp and paper manufacturing facility shall achieve zero discharge
    23  into water of organochlorine compounds, byproducts or metabolites formu-
    24  lated as a result of the  use  of  chlorine  or  any  other  chlorinated

    25  oxidizing agent in the pulp and paper manufacturing process.
    26    (b) Effective four years after the effective date of this section, all
    27  existing  and  new  permits  under this chapter for paper and pulp mills
    28  which use chlorine  or  any  other  chlorinated  oxidizing  agent  shall
    29  require  compliance  with  the  zero  discharge requirement set forth in
    30  paragraph (a) of this subdivision.
    31    2. Within one year after the  effective  date  of  this  section,  the
    32  commissioner  shall  evaluate alternatives to the use of organochlorines
    33  in the manufacturing of pulp and paper, and shall publish  a  report  on
    34  the  transfer  of technology in the pulp and paper industry from organo-
    35  chlorine  to  chlorine-free  technology  as  a   model   for   pollution

    36  prevention.  Within  eighteen  months  after  the effective date of this
    37  section, the department shall begin providing technical information  and
    38  support  to assist permit applicants in the use of alternatives to orga-
    39  nochlorine compounds in the production of pulp and paper.
    40    3. Within eighteen months after the effective date  of  this  section,
    41  the  commissioner shall complete a report to the governor and the legis-
    42  lature on not readily identified sources and  industrial  discharges  of
    43  organochlorine  compounds  and  their  byproducts  and  metabolites into
    44  water. The report shall include a listing of all types or categories  of
    45  nonpoint sources and industrial organochlorine discharges into water and

    46  their  byproducts and metabolites. The report shall also include a list-
    47  ing of the annual quantities of each organochlorine compound  discharged
    48  into  water statewide and by permitted facility, together with a list of
    49  each permitted facility's location and quantities  of  combined  organo-
    50  chlorine  compound  discharges  into  water.    The report shall contain
    51  recommendations for achieving a  zero  discharge  policy  for  important
    52  categories of organochlorine pollution sources. In order to develop such
    53  recommendations,  the  commissioner shall convene an advisory panel. The
    54  advisory panel shall conduct public  hearings  and  solicit  public  and
    55  expert comment. The panel shall consist of fifteen members, including at

    56  least  one  independent  expert  in each of the fields of public health,

        S. 4350                             3
 
     1  occupational health, technology change, toxics use reduction, and ecolo-
     2  gy, two affected citizens, and technical and policy experts from  indus-
     3  try, labor, public interest and environmental groups.  Members shall not
     4  be  employees  of  the  department. Members shall not be entitled to any
     5  compensation but shall be reimbursed  for  their  actual  and  necessary
     6  expenses incurred in the performance of their duties.
     7    4.  For  the purposes of this section, the term "zero discharge" means
     8  absolutely no output or release, including  nonpoint  source  output  or

     9  release, into water. The term "zero discharge" does not mean a less than
    10  detectable output or release.
    11    § 4. This act shall take effect immediately.
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