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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8419

                    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

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing nutrient inactivant applicator 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 applicator permits.
     8          17-2305. Denial or revocation of permits.
     9          17-2307. Permit fees.
    10          17-2309. Sanctions.
    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" are products used for controlling phosphorus
    17  levels in lakes to prevent and inhibit harmful  algal  blooms  including
    18  aluminum  sulfate,  sodium aluminate, lanthanum, and other such products
    19  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 applicator permit" shall mean a special SPDES
    25  permit issued under this title for the application of  nutrient  inacti-
    26  vants. Such permit shall be considered a SPDES permit issued under title
    27  eight  of  this  article and shall have the same requirements and privi-
    28  leges as a SPDES permit  issued  under  title  eight  of  this  article;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13387-03-4
        S. 8419                             2

     1  provided,  however,  where  the  requirements and privileges of a permit
     2  issued under this title is inconsistent with that  of  a  permit  issued
     3  under  title  eight  of  this  article,  the requirements and privileges
     4  described in this title shall apply.
     5  § 17-2303. Nutrient inactivant applicator permits.
     6    1.  Notwithstanding  any other provision of law or regulation pursuant
     7  to this title, a person who has a valid nutrient  inactivant  applicator
     8  permit  issued by the commissioner may engage in the commercial applica-
     9  tion of nutrient inactivants.
    10    2. Application for a nutrient inactivant applicator  permit  shall  be
    11  made  to the commissioner. The application shall be on a form prescribed
    12  by the commissioner and shall be accompanied by the fee or fees provided
    13  in section 17-0821 of this article.
    14    3. An applicant for a nutrient inactivant applicator permit shall:
    15    (a) provide proof to the commissioner of such applicant's knowledge of
    16  the safe and proper use, handling,  storage  and  disposal  of  nutrient
    17  inactivants and application equipment and/or satisfy the commissioner as
    18  to  the  applicant's knowledge and experience concerning the proper use,
    19  handling, storage, and disposal of nutrient inactivants and  application
    20  equipment; and
    21    (b)  be a certified pesticide applicator, be registered as a pesticide
    22  business or agency, and have a commercial permit  under  title  nine  of
    23  article thirty-three of this chapter.
    24    4.  Nutrient  inactivant  applicator  permits shall be valid for three
    25  years after which every applicator shall recertify.
    26    5. No certification shall be valid unless the  certified  person  also
    27  holds  a  valid  identification card issued by the commissioner. Certif-
    28  ication identification cards shall be valid for three years.
    29    6. A person with a valid nutrient inactivant applicator  permit  shall
    30  maintain  such  records  and  shall  furnish such reports concerning the
    31  application of nutrient inactivants as the commissioner  shall  require.
    32  All  records  required  to be kept under this section shall be available
    33  for inspection by the commissioner.
    34  § 17-2305. Denial or revocation of permits.
    35    The commissioner, after due notice and opportunity of  hearing  to  an
    36  applicant  or person with a valid nutrient inactivant applicator permit,
    37  may deny an application or revoke a permit pursuant to  title  eight  of
    38  this article.
    39  § 17-2307. Permit fees.
    40    All  fees established by the commissioner pursuant to this title shall
    41  be the same as those established by section 17-0821 of this article.
    42  § 17-2309. Sanctions.
    43    Notwithstanding any other provision of law or regulation  pursuant  to
    44  this  title  and/or  any  provision of this article as it relates to the
    45  application  of  nutrient  inactivants,  any  person  who  violates  any
    46  provision  of  this title or any rule, regulation or order issued there-
    47  under shall be liable to the people of this state for a civil penalty of
    48  up to one thousand dollars for a first violation to be assessed  by  the
    49  commissioner after a hearing or opportunity to be heard.  In determining
    50  the  amount  of  the  penalty,  the commissioner shall take into account
    51  whether the violation posed an immediate threat to  the  environment  or
    52  the  health  and  safety of the public. Any subsequent violation of this
    53  title and/or any provision of this article as it relates to the applica-
    54  tion of nutrient inactivants would be subject to the  appropriate  sanc-
    55  tions pursuant to title eight of this article.
        S. 8419                             3

     1    § 2.  Section 33-0103 of the environmental conservation law is amended
     2  by adding a new subdivision 4 to read as follows:
     3    4. This article shall not apply to the application of nutrient inacti-
     4  vants,  as such term is defined in section 17-2301 of this chapter, by a
     5  person holding a nutrient inactivant applicator permit under title twen-
     6  ty-three of article seventeen of this chapter.
     7    § 3. The environmental conservation law is amended  by  adding  a  new
     8  section 17-0833 to read as follows:
     9  § 17-0833. SPDES permits; nutrient inactivant applicator permit.
    10    For the purposes of this title, nutrient inactivant applicator permits
    11  issued  under  title  twenty-three of this article shall be considered a
    12  special type of SPDES permit. SPDES permits shall not be issued for  the
    13  application  of nutrient inactivants, as such term is defined in section
    14  17-2301 of this article, except as provided for under title twenty-three
    15  of this article.
    16    § 4.  This act shall take effect on  the  one  hundred  eightieth  day
    17  after  it  shall have become a law. Effective immediately, the addition,
    18  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    19  implementation  of  this  act on its effective date are authorized to be
    20  made and completed on or before such effective date.