Bill Text: NY S05652 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to mining in counties with a population of one million or more which draws the primary source of drinking water from a designated sole source aquifer, by prohibiting such activity where contamination to groundwater or drinking water on site or attributable to the site exceeds state or federal drinking water or groundwater standards.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05652 Detail]

Download: New_York-2019-S05652-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 5652                                                  A. 7558

                               2019-2020 Regular Sessions

                SENATE - ASSEMBLY

                                       May 9, 2019
                                       ___________

        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation

        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          mining  in  counties  with  a  population of one million or more which
          draws the primary source of drinking  water  from  a  designated  sole
          source  aquifer, by prohibiting such activities where contamination to
          groundwater or drinking water on site  or  attributable  to  the  site
          exceeds state or federal drinking water or groundwater standards

          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  23-2703  of  the  environmental
     2  conservation  law,  as  amended  by  chapter 298 of the laws of 2018, is
     3  amended to read as follows:
     4    3. No agency of this state shall consider an application for a  permit
     5  to  mine  as  complete  or process such application for a permit to mine
     6  pursuant to this title, within counties with a population of one million
     7  or more which draw their primary source of drinking water for a majority
     8  of county residents from a designated sole  source  aquifer[,]:  (a)  if
     9  local  zoning  laws  or  ordinances prohibit mining uses within the area
    10  proposed to be mined; or (b) within  a  special  groundwater  protection
    11  area,  designated pursuant to subdivision one of section 55-0113 of this
    12  chapter, the state or a local government has documented contamination to
    13  groundwater or drinking water on the site or attributable to  the  site,
    14  which exceeds maximum contaminant levels under state or federal drinking
    15  water or groundwater standards. Within one year of the effective date of
    16  the  chapter  of  the  laws  of two thousand nineteen which amended this
    17  subdivision, no person shall operate a mine within a special groundwater

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10951-01-9

        S. 5652                             2                            A. 7558

     1  protection area, designated  pursuant  to  subdivision  one  of  section
     2  55-0113 of this chapter, where the state or a local government has docu-
     3  mented contamination to groundwater or drinking water on site or attrib-
     4  utable  to  the site, which exceeds maximum contaminant levels, pursuant
     5  to state or federal drinking water or groundwater standards.    Further,
     6  within  three  years of the effective date of the chapter of the laws of
     7  two thousand nineteen which amended this  subdivision,  all  reclamation
     8  activities  for any such mine shall be completed, pursuant to a reclama-
     9  tion plan approved by the department.
    10    § 2. This act shall take effect immediately.
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