Prohibits publicly owned treatment works from accepting wastewater associated with the exploration, delineation, development, or production of natural gas

BILL NUMBER:S4347

Title of bill

An act relating to wastewater treatment

Purpose

Prohibits publicly owned treatment works from accepting wastewater associated with natural gas production where high volume hydraulic fracturing is utilized.

Summary of provisions

Section 1 provides that no publicly owned treatment works shall accept wastewater associated with the exploration, delineation, development, or production of natural gas where high-volume hydraulic fracturing is utilized.

Section 2 provides that a publicly owned treatment works may appeal to the department for an exemption from section 1 of this act if certain standards are met.

Section 3 defines high-volume hydraulic fracturing.

Section 4 provides the effective date.

Justification

Any activity that has the potential to impact New York State public drinking supplies must be met with the highest scrutiny. High-volume hydraulic fracturing involves the high-pressure injection of over 300,000 gallons of water and a variety of chemicals into rock to stimulate the production of natural gas. The resulting wastewater contains high concentrations of salts and dissolved solids which, if improperly treated and released, could impact our water supplies and pose a serious threat to public health. Hydraulic fracturing fluids cannot be adequately treated by conventional biological treatment methods. A small number of publicly owned treatment works (POTW) employ chemical treatment methods for industrial waste, however, they are currently unable to safely handle hydraulic fracturing fluid.

This bill's three year ban on POTW treatment of hydraulic fracturing fluid comes in response to uncertainty expressed by experts in the field as to whether this waste can be properly treated and what technology is necessary to do it. The POTW ban will ensure public safety and protect the environment while allowing the Department of Environmental Conservation the necessary time to evaluate best technology standards for POTWs.

Legislative history

2013-14: S. 4658 Energy and Telecommunications / A. 8463 Environmental Conservation 2011-12: S. 6893 Finance / A. 10210 Environmental Conservation

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.