Amends the environmental conservation law relating to permits for discharges

BILL NUMBER:S5078

Title of bill

An act to amend the environmental conservation law, in relation to wet weather discharges from sanitary sewers

Purpose

Requires the Commissioner of the Department of Environmental Conservation (DEC) to consider certain measures including a community's financial capabilities, affordability of control options, and effectiveness and affordability of control technologies, before issuing permits for discharge.

Summary of provisions

Section 1: The environmental conservation law is amended by stipulating the DEC Commissioner or his or her representative consider the following before issuing a discharge permit in conjunction with the federal Water Pollution Control Act: A. A community's financial capabilities and ability to raise or secure necessary funding. B. The affordability of control options. C. An evaluation of the effectiveness and affordability of control technologies. D. Promotion of green infrastructure. E. Reducing economic impacts on regulated entities, other state and local government entities, and residents. F. Allowing for reasonable accommodations for regulated entitles and other state and local governmental entities when inflexible standards and fines would impose a disproportionate financial hardship in light of the environmental benefits to be gained. G. diving preference, where proposed by a permittee, to control options that meet presumption approach performance criteria and demonstrate significant pollution reduction rather than mandating specific designs. R. Allowing adequate time and flexibility for implementation schedules when justified by a clear environmental benefit, a community's ability to raise or secure adequate funds, an analysis concluding that the costs of a shorter implementation schedule outweigh the benefits of faster implementation, or other facts. I. Factors set forth in the United States Environmental Protection Agency's "Combined Sewer Overflow Control Policy" that may ease the cost burdens of implementing long-term control plans, including but not limited to small system considerations, the attainability of water quality standards, and the development of wet weather standards.

Justification

As the state looks to reevaluate the unfunded mandates which continue to cripple our state it is important for the state to consider the fiscal impacts of certain policies. The Municipal Separate Storm Sewer Systems (MS4s) for the eastern portion of the Hudson Valley is one of the most painful mandates in existence. With little if any consideration to the county and local municipalities' ability to pay for the mandated retro-fitting to reduce phosphates in the Croton Watershed the DEC has placed a massive burden which, according to some estimates, will cost this region $500 million. This bill will force the DEC to consider a county and town's ability to afford the mandated retrofits before issuing a permit. Furthermore, it will ensure the measures taken are effective and affordable through an evaluation process. Blindly spending millions of taxpayer dollars without firmly

knowing the results is an insult to residents of this state. Before hard earned tax dollars mare invested in multi-million dollar projects, which will incur further financial hard- ships, the environmental benefits need to be properly substantiated. Citing these potential financial burdens placed on taxpayers similar legislation has been passed in other states including Kentucky.

Legislative history

New bill

Fiscal implications

None to the state

Effective date

Immediately.