Bill Text: NY S08419 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes the nutrient inactivant application permit to allow for the use of products used for controlling phosphorus levels in lakes or ponds to prevent and inhibit harmful algal blooms.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-31 - PRINT NUMBER 8419A [S08419 Detail]

Download: New_York-2023-S08419-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8419--A

                    IN SENATE

                                    January 29, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- reported favorably from said committee and committed to the Commit-
          tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          establishing nutrient inactivant application permits

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Article 17 of the environmental conservation law is amended
     2  by adding a new title 23 to read as follows:
     3                                  TITLE 23
     4                 SPECIAL PERMITS FOR APPLICATION OF NUTRIENT
     5                                 INACTIVANTS
     6  Section 17-2301. Definitions.
     7          17-2303. Nutrient inactivant application permits.
     8          17-2305. Denial or revocation of permits.
     9          17-2307. Permit fees.
    10          17-2309. Regulations.
    11  § 17-2301. Definitions.
    12    As  used  in  this  title the following terms shall have the following
    13  meanings:
    14    1. "Nutrient inactivant application business" shall  mean  a  business
    15  that commercially applies nutrient inactivants.
    16    2.  "Nutrient  inactivants"  shall  mean products used for controlling
    17  phosphorus levels in lakes or ponds to prevent and inhibit harmful algal
    18  blooms including aluminum  sulfate,  sodium  aluminate,  lanthanum,  and
    19  other such products as determined by the department.
    20    3.  "Application  of  nutrient  inactivants" shall mean the commercial
    21  application of nutrient inactivants.
    22    4. "Nutrient inactivant applicator" shall be a person certified by the
    23  department pursuant to section 17-2303 of this title.
    24    5. "Nutrient inactivant application permit" shall mean a special SPDES
    25  permit issued under this title for the application of  nutrient  inacti-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13387-04-4
        S. 8419--A                          2

     1  vants. Such permit shall be considered a SPDES permit issued under title
     2  eight  of  this  article and shall have the same requirements and privi-
     3  leges as a SPDES permit  issued  under  title  eight  of  this  article;
     4  provided,  however,  where  the  requirements and privileges of a permit
     5  issued under this title is inconsistent with that  of  a  permit  issued
     6  under  title  eight  of  this  article,  the requirements and privileges
     7  described in this title shall apply.
     8  § 17-2303. Nutrient inactivant application permits.
     9    1. Notwithstanding any other provision of law or regulation under this
    10  title, a person who has a valid nutrient inactivant  application  permit
    11  issued  by  the commissioner may engage in the commercial application of
    12  nutrient inactivants.
    13    2. Application for a nutrient inactivant application permit  shall  be
    14  made  to the commissioner. The application shall be on a form prescribed
    15  by the commissioner and shall be accompanied by the fee or fees provided
    16  in section 17-0821 of this article. The application shall set forth  the
    17  reasons for why the applicant is applying for the permit, including:
    18    (a)  the  water bodies for which the applicant seeks to use a nutrient
    19  inactivant under the permit;
    20    (b) what other measures have been taken for the control of  phosphorus
    21  and  harmful  algal  blooms  with  respect  to the relevant waterbodies,
    22  including mechanical methods of control, and the outcomes of those meas-
    23  ures taken; and
    24    (c) why the use of a nutrient inactivant  would  be  more  appropriate
    25  than other methods of control.
    26    3. An applicant for a nutrient inactivant application permit shall:
    27    (a) provide proof to the commissioner of such applicant's knowledge of
    28  the  safe  and  proper  use,  handling, storage and disposal of nutrient
    29  inactivants and application equipment and/or satisfy the commissioner as
    30  to the applicant's knowledge and experience concerning the  proper  use,
    31  handling,  storage, and disposal of nutrient inactivants and application
    32  equipment; and
    33    (b) be a  certified  pesticide  applicator,  as  provided  in  section
    34  33-0905  of  this  chapter, qualified to apply pesticides to standing or
    35  running water, and be employed by, or the owner or agent of a registered
    36  pesticide business or agency.
    37    4. Nutrient inactivant application permits shall be  valid  for  three
    38  years after which every permit must be renewed.
    39    5.  A person with a valid nutrient inactivant application permit shall
    40  maintain such records and shall  furnish  such  reports  concerning  the
    41  application  of  nutrient inactivants as the commissioner shall require.
    42  All records required to be kept under this section  shall  be  available
    43  for inspection by the commissioner.
    44  § 17-2305. Denial or revocation of permits.
    45    The  commissioner,  after  due notice and opportunity of hearing to an
    46  applicant or person with a valid nutrient inactivant application permit,
    47  may deny an application or revoke a permit pursuant to  title  eight  of
    48  this article.
    49  § 17-2307. Permit fees.
    50    All  fees established by the commissioner pursuant to this title shall
    51  be the same as those established by section 17-0821 of this article.
    52  § 17-2309. Regulations.
    53    The department shall promulgate regulations for the implementation  of
    54  this title.
    55    § 2.  Section 33-0103 of the environmental conservation law is amended
    56  by adding a new subdivision 4 to read as follows:
        S. 8419--A                          3

     1    4. This article shall not apply to the application of nutrient inacti-
     2  vants,  as such term is defined in section 17-2301 of this chapter, by a
     3  person holding a nutrient  inactivant  application  permit  under  title
     4  twenty-three of article seventeen of this chapter.
     5    §  3.  The  environmental  conservation law is amended by adding a new
     6  section 17-0833 to read as follows:
     7  § 17-0833. SPDES permits; nutrient inactivant application permit.
     8    For the  purposes  of  this  title,  nutrient  inactivant  application
     9  permits issued under title twenty-three of this article shall be consid-
    10  ered  a  special type of SPDES permit. SPDES permits shall not be issued
    11  for the application of nutrient inactivants, as such term is defined  in
    12  section  17-2301  of  this  article,  except as provided for under title
    13  twenty-three of this article.
    14    § 4. The environmental conservation law is amended  by  adding  a  new
    15  section 71-1947 to read as follows:
    16  § 71-1947. Enforcement of title 23 of article 17.
    17    Any person who violates any provision of title 23 of article 17 or any
    18  rule,  regulation  or  order  issued  thereunder  shall be liable to the
    19  people of this state for a civil penalty of up to one  thousand  dollars
    20  for a first violation to be assessed by the commissioner after a hearing
    21  or  opportunity  to  be heard. In determining the amount of the penalty,
    22  the commissioner shall take into account whether the violation posed  an
    23  immediate  threat  to    the environment or the health and safety of the
    24  public. Any subsequent violation of this title and/or any  provision  of
    25  this  article  as  it relates to the application of nutrient inactivants
    26  shall be treated as a violation to which section 71-1929 of  this  title
    27  applies.
    28    §  5.    This  act  shall take effect on the one hundred eightieth day
    29  after it shall have become a law. Effective immediately,  the  addition,
    30  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    31  implementation of this act on its effective date are  authorized  to  be
    32  made and completed on or before such effective date.