Uniform Treatment of Waste

S4616-2011 Memo



An act
to amend the environmental conservation law, in relation to
the uniform treatment of waste


This bill would require hazardous wastes produced from oil and natural
gas activities to be subject to the requirements for treatment of
hazardous wastes.


Section one of the bill amends section 27-0903 of the Environmental
Conservation Law to add a new section that would classify all waste
resulting from oil or natural gas production activities as hazardous
waste, if such waste meets the definition of hazardous wastes set
forth in the Environmental Conservation Law.

This section also directs the Department of Environmental Conservation
to make all necessary changes to bring its rules and regulations into

Section two contains the effective date.


Currently, the regulations promulgated by the Department of
Environmental Conservation that govern the waste produced by the oil
and natural gas industries exempt “drilling fluids, produced waters,
and other wastes associated with the exploration, development or
production of crude oil, natural gas or geothermal energy” from being
regulated as hazardous waste. This exemption is in place despite the
fact that the waste resulting from the exploration, development,
extraction and production of crude oil and natural gas may be
hazardous in many instances.

This legislation would supersede that regulation and ensure that when
waste from these operations meets the definition of hazardous waste,
that it be treated in a manner consistent with other hazardous
wastes. Failure to properly classify waste that meets this threshold
could present a real danger to public health and the environment. If
not treated properly, hazardous waste can, among other concerns, lead
to contaminated air, drinking water, soil, and food. There is no compelling reason why waste
produced from oil and natural gas activities that meets the
definition of hazardous waste, should not be subject to the same laws
regarding generation, transportation. treatment, storage and disposal
as other hazardous wastes.

This is new legislation.

The bill on Hazardous Waste (A7013, S4616) is picking up sponsors!  Since a week ago when we got a handout in Albany on the list of sponsors, the Assembly has added 5 co-sponsors, including Barbara Lifton for a total now of 20. This is looking very promising to pass the Assembly.

The Senate bill has added 3 co-sponsors – Oppenheimer, Serrano and Addabbo, for a total now of 4  (Avella is the sponsor; Mongomery the co-sponsor.)

Keep the pressure up!  Let’s send letters / make phone calls.  In addition to your own senator (O’Mara, Seward, Nozzolio), if you have another 10 minutes, make a call or drop a line to:

Senator Mark Grisanti, Chair of the Senate Environmental Conservation Committee
NYS Senate
Albany NY 12247
Phone: 518-455-3240

Senator Kemp Hannon, Chair of the Senate Health Committee
NYS Senate
Albany, NY 12247
Phone: 518-455-2200

Senator Dean Skelos
Senate Majority Leader
NYS Senate
Albany, NY 12247

You can drop quick emails to the Governor and/or his aide with various messages against hydrofracking.



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