Bill Text: NY A04328 | 2013-2014 | General Assembly | Introduced

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Bill Title: Amends the environmental conservation law in relation to wet weather discharges from sanitary sewers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A04328 Detail]

Download: New_York-2013-A04328-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4328
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2013
                                      ___________
       Introduced  by  M. of A. KATZ -- read once and referred to the Committee
         on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  wet
         weather discharges from sanitary sewers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 17-0709 to read as follows:
    3  S  17-0709.  FACTORS  FOR  THE  COMMISSIONER  TO  CONSIDER  WHEN ISSUING
    4  PERMITS.
    5    1. THE COMMISSIONER OR HIS  OR  HER  DESIGNATED  REPRESENTATIVE  SHALL
    6  CONSIDER  THE  FOLLOWING, TO THE EXTENT ALLOWABLE UNDER THIS CHAPTER AND
    7  THE FEDERAL WATER POLLUTION CONTROL ACT FOR ALL PERMITS ISSUED  PURSUANT
    8  TO  THIS  CHAPTER  FOR ANY DISCHARGES CONSISTING OF COMBINED SEWER OVER-
    9  FLOWS, REQUIRING AND APPROVING LONG-TERM CONTROL PLANS FOR  WET  WEATHER
   10  DISCHARGES  FROM COMBINED OR SEPARATE SANITARY SEWER SYSTEMS, OR ENFORC-
   11  ING PROVISIONS OF THE FEDERAL WATER POLLUTION  CONTROL  ACT,  33  U.S.C.
   12  SECS. 1251 ET SEQ.:
   13    A.  LIMITATIONS ON A COMMUNITY'S FINANCIAL CAPABILITIES AND ABILITY TO
   14  RAISE OR SECURE NECESSARY FUNDING;
   15    B. AFFORDABILITY OF CONTROL OPTIONS;
   16    C. AN EVALUATION OF THE EFFECTIVENESS  AND  AFFORDABILITY  OF  CONTROL
   17  TECHNOLOGIES;
   18    D. PROMOTION OF GREEN INFRASTRUCTURE;
   19    E.  REDUCING  ECONOMIC  IMPACTS ON REGULATED ENTITIES, OTHER STATE AND
   20  LOCAL GOVERNMENTAL ENTITIES, AND RESIDENTS;
   21    F. ALLOWING FOR REASONABLE ACCOMMODATIONS FOR REGULATED  ENTITIES  AND
   22  OTHER  STATE  AND  LOCAL GOVERNMENTAL ENTITIES WHEN INFLEXIBLE STANDARDS
   23  AND FINES WOULD IMPOSE A DISPROPORTIONATE FINANCIAL HARDSHIP IN LIGHT OF
   24  THE ENVIRONMENTAL BENEFITS TO BE GAINED;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07910-01-3
       A. 4328                             2
    1    G. GIVING PREFERENCE,  WHERE  PROPOSED  BY  A  PERMITTEE,  TO  CONTROL
    2  OPTIONS  THAT  MEET PRESUMPTION APPROACH PERFORMANCE CRITERIA AND DEMON-
    3  STRATE SIGNIFICANT POLLUTION REDUCTION RATHER  THAN  MANDATING  SPECIFIC
    4  DESIGNS;
    5    H. ALLOWING ADEQUATE TIME AND FLEXIBILITY FOR IMPLEMENTATION SCHEDULES
    6  WHEN  JUSTIFIED  BY A CLEAR ENVIRONMENTAL BENEFIT, A COMMUNITY'S ABILITY
    7  TO RAISE OR SECURE ADEQUATE FUNDS, AN ANALYSIS CONCLUDING THAT THE COSTS
    8  OF A SHORTER IMPLEMENTATION SCHEDULE OUTWEIGH  THE  BENEFITS  OF  FASTER
    9  IMPLEMENTATION, OR OTHER FACTORS; AND
   10    I.  FACTORS  SET  FORTH  IN THE UNITED STATES ENVIRONMENTAL PROTECTION
   11  AGENCY'S "COMBINED SEWER OVERFLOW CONTROL POLICY" THAT MAY EASE THE COST
   12  BURDENS OF IMPLEMENTING  LONG-TERM  CONTROL  PLANS,  INCLUDING  BUT  NOT
   13  LIMITED TO SMALL SYSTEM CONSIDERATIONS, THE ATTAINABILITY OF WATER QUAL-
   14  ITY STANDARDS, AND THE DEVELOPMENT OF WET WEATHER STANDARDS.
   15    S 2. This act shall take effect immediately.