Add Art 17 Title 23 §§17-2301 - 17-2309, §§17-0833 & 71-1947, amd §33-0103, En Con L
Establishes the nutrient inactivant application permit to allow for the use of products used for controlling phosphorus levels in lakes or ponds to prevent and inhibit harmful algal blooms.
STATE OF NEW YORK
________________________________________________________________________
9287--A
IN ASSEMBLY
February 23, 2024
___________
Introduced by M. of A. LEVENBERG, BURDICK, SLATER, PAULIN, BRABENEC,
FLOOD, WALSH -- read once and referred to the Committee on Environ-
mental Conservation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
establishing nutrient inactivant application permits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 17 of the environmental conservation law is amended
2 by adding a new title 23 to read as follows:
3 TITLE 23
4 SPECIAL PERMITS FOR APPLICATION OF NUTRIENT
5 INACTIVANTS
6 Section 17-2301. Definitions.
7 17-2303. Nutrient inactivant application permits.
8 17-2305. Denial or revocation of permits.
9 17-2307. Permit fees.
10 17-2309. Regulations.
11 § 17-2301. Definitions.
12 As used in this title the following terms shall have the following
13 meanings:
14 1. "Nutrient inactivant application business" shall mean a business
15 that commercially applies nutrient inactivants.
16 2. "Nutrient inactivants" shall mean products used for controlling
17 phosphorus levels in lakes or ponds to prevent and inhibit harmful algal
18 blooms including aluminum sulfate, sodium aluminate, lanthanum, and
19 other such products as determined by the department.
20 3. "Application of nutrient inactivants" shall mean the commercial
21 application of nutrient inactivants.
22 4. "Nutrient inactivant applicator" shall be a person certified by the
23 department pursuant to section 17-2303 of this title.
24 5. "Nutrient inactivant application permit" shall mean a special SPDES
25 permit issued under this title for the application of nutrient inacti-
26 vants. Such permit shall be considered a SPDES permit issued under title
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13387-05-4
A. 9287--A 2
1 eight of this article and shall have the same requirements and privi-
2 leges as a SPDES permit issued under title eight of this article;
3 provided, however, where the requirements and privileges of a permit
4 issued under this title is inconsistent with that of a permit issued
5 under title eight of this article, the requirements and privileges
6 described in this title shall apply.
7 § 17-2303. Nutrient inactivant application permits.
8 1. Notwithstanding any other provision of law or regulation under this
9 title, a person who has a valid nutrient inactivant application permit
10 issued by the commissioner may engage in the commercial application of
11 nutrient inactivants.
12 2. Application for a nutrient inactivant application permit shall be
13 made to the commissioner. The application shall be on a form prescribed
14 by the commissioner and shall be accompanied by the fee or fees provided
15 in section 17-0821 of this article. The application shall set forth the
16 reasons for why the applicant is applying for the permit, including:
17 (a) the water bodies for which the applicant seeks to use a nutrient
18 inactivant under the permit;
19 (b) what other measures have been taken for the control of phosphorus
20 and harmful algal blooms with respect to the relevant waterbodies,
21 including mechanical methods of control, and the outcomes of those meas-
22 ures taken; and
23 (c) why the use of a nutrient inactivant would be more appropriate
24 than other methods of control.
25 3. An applicant for a nutrient inactivant application permit shall:
26 (a) provide proof to the commissioner of such applicant's knowledge of
27 the safe and proper use, handling, storage and disposal of nutrient
28 inactivants and application equipment and/or satisfy the commissioner as
29 to the applicant's knowledge and experience concerning the proper use,
30 handling, storage, and disposal of nutrient inactivants and application
31 equipment; and
32 (b) be a certified pesticide applicator, as provided in section
33 33-0905 of this chapter, qualified to apply pesticides to standing or
34 running water, and be employed by, or the owner or agent of a registered
35 pesticide business or agency.
36 4. Nutrient inactivant application permits shall be valid for three
37 years after which every permit must be renewed.
38 5. A person with a valid nutrient inactivant application permit shall
39 maintain such records and shall furnish such reports concerning the
40 application of nutrient inactivants as the commissioner shall require.
41 All records required to be kept under this section shall be available
42 for inspection by the commissioner.
43 § 17-2305. Denial or revocation of permits.
44 The commissioner, after due notice and opportunity of hearing to an
45 applicant or person with a valid nutrient inactivant application permit,
46 may deny an application or revoke a permit pursuant to title eight of
47 this article.
48 § 17-2307. Permit fees.
49 All fees established by the commissioner pursuant to this title shall
50 be the same as those established by section 17-0821 of this article.
51 § 17-2309. Regulations.
52 The department shall promulgate regulations for the implementation of
53 this title.
54 § 2. Section 33-0103 of the environmental conservation law is amended
55 by adding a new subdivision 4 to read as follows:
A. 9287--A 3
1 4. This article shall not apply to the application of nutrient inacti-
2 vants, as such term is defined in section 17-2301 of this chapter, by a
3 person holding a nutrient inactivant application permit under title
4 twenty-three of article seventeen of this chapter.
5 § 3. The environmental conservation law is amended by adding a new
6 section 17-0833 to read as follows:
7 § 17-0833. SPDES permits; nutrient inactivant application permit.
8 For the purposes of this title, nutrient inactivant application
9 permits issued under title twenty-three of this article shall be consid-
10 ered a special type of SPDES permit. SPDES permits shall not be issued
11 for the application of nutrient inactivants, as such term is defined in
12 section 17-2301 of this article, except as provided for under title
13 twenty-three of this article.
14 § 4. The environmental conservation law is amended by adding a new
15 section 71-1947 to read as follows:
16 § 71-1947. Enforcement of title 23 of article 17.
17 Any person who violates any provision of title 23 of article 17 or any
18 rule, regulation or order issued thereunder shall be liable to the
19 people of this state for a civil penalty of up to one thousand dollars
20 for a first violation to be assessed by the commissioner after a hearing
21 or opportunity to be heard. In determining the amount of the penalty,
22 the commissioner shall take into account whether the violation posed an
23 immediate threat to the environment or the health and safety of the
24 public. Any subsequent violation of this title and/or any provision of
25 this article as it relates to the application of nutrient inactivants
26 shall be treated as a violation to which section 71-1929 of this title
27 applies.
28 § 5. This act shall take effect on the one hundred eightieth day
29 after it shall have become a law. Effective immediately, the addition,
30 amendment and/or repeal of any rule or regulation necessary for the
31 implementation of this act on its effective date are authorized to be
32 made and completed on or before such effective date.
