Limits the exceptions to certain effluent limitations in Nassau and Suffolk counties and requires certain eligible projects for state aid involving water pollution control revolving fund agreements to take county-wide or regional wastewater planning into consideration when determining eligibility.
STATE OF NEW YORK
________________________________________________________________________
6384
2019-2020 Regular Sessions
IN SENATE
June 7, 2019
___________
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
limiting the exceptions to certain effluent limitations in Nassau and
Suffolk counties and requiring certain eligible projects for state aid
involving water pollution control revolving fund agreements to take
county-wide or regional wastewater planning into consideration when
determining eligibility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 17-0809 of the environmental
2 conservation law, as added by chapter 360 of the laws of 1988, is
3 amended to read as follows:
4 3. Notwithstanding any other provision of this article, when effluent
5 limitations are established they must be at least as stringent as the
6 effluent limitations previously required unless the commissioner deter-
7 mines, through regulation, that an exception is warranted as provided in
8 section 303(d) and 402(o) of the Federal Water Pollution Control Act (33
9 U.S.C. sections 1313(d) and 1342(o)) as amended by the Water Quality Act
10 of 1987; provided, however, no such exceptions may be determined to be
11 warranted in special groundwater protection areas designated pursuant to
12 article fifty-five of this chapter or in Nassau or Suffolk counties
13 where such discharges will impact marine waters within ten years or
14 less.
15 § 2. Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of
16 section 17-1909 of the environmental conservation law, as amended by
17 chapter 355 of the laws of 2014, is amended to read as follows:
18 (e) conforms with applicable rules and regulations of the department,
19 including a demonstration that design and construction consider future
20 physical climate risk due to sea level rise, and/or storm surges and/or
21 flooding, based on available data predicting the likelihood of future
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13086-01-9
S. 6384 2
1 extreme weather events, including hazard risk analysis data if applica-
2 ble; and
3 (f) includes consideration of county-wide or regional wastewater plan-
4 ning.
5 § 3. Paragraph a of subdivision 2 of section 17-1909 of the environ-
6 mental conservation law, as amended by chapter 262 of the laws of 2007,
7 is amended to read as follows:
8 a. The environmental significance of such potentially eligible
9 projects which shall include, but need not be limited to, an assessment
10 of (i) public health and safety; (ii) protection of environmental
11 resources; (iii) population affected; (iv) attainment of state water
12 quality goals and standards; [and] (v) compliance with state and federal
13 law, rules and regulations; and (vi) the extent to which such projects
14 reflect county-wide or regional wastewater planning;
15 § 4. This act shall take effect immediately and shall apply to all
16 permits issued after such date.
