A9420A-2011 Actions

• Apr 25, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Apr 25, 2012: delivered to senate
• Apr 25, 2012: passed assembly
• Mar 19, 2012: amended on third reading 9420a
• Mar 8, 2012: advanced to third reading cal.398
• Mar 6, 2012: reported
• Feb 29, 2012: referred to environmental conservation

A9420A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9420--A
 Cal. No. 398
 I N  ASSEMBLY
 February 29, 2012
 
 Introduced  by  M.  of  A.  SWEENEY, JAFFEE, WEISENBERG, COLTON, LIFTON,
 LUPARDO, SCHIMEL, ZEBROWSKI, CAHILL, ENGLEBRIGHT,  GALEF,  MAGNARELLI,
 MILLMAN, BENEDETTO, CASTRO, COOK, KELLNER, LAVINE, LINARES, M. MILLER,
 P. RIVERA,  N. RIVERA,  ROBERTS,  ROSENTHAL, SALADINO, RAMOS -- Multi
 Sponsored by -- M. of A.  ABINANTI, BRENNAN, GABRYSZAK,  GLICK,  GOTT
 FRIED,  McENENY,  NOLAN,  PAULIN,  ROBINSON,  THIELE  -- read once and
 referred to the Committee on Environmental  Conservation  --  reported
 from  committee,  advanced  to  a  third  reading, amended and ordered
 reprinted, retaining its place on the order of third reading
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 creating the sewage pollution right to know act
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and may be  cited  as  the  "sewage
 pollution right to know act".
 

S  2.  The  environmental  conservation law is amended by adding a new
 section 17-0826-a to read as follows:

 

S 17-0826-A. MANDATORY SEWAGE  RELEASE  REPORTING  AND  NOTIFICATION  BY
 PUBLICLY OWNED TREATMENT WORKS.
 1.  PUBLICLY  OWNED  TREATMENT WORKS SHALL IMMEDIATELY, BUT IN NO CASE
 LATER THAN TWO HOURS, REPORT DISCHARGES OF UNTREATED OR PARTIALLY TREAT
 ED SEWAGE, INCLUDING COMBINED SEWER OVERFLOWS, TO THE DEPARTMENT AND THE
 LOCAL HEALTH DEPARTMENT. SUCH REPORT SHALL, AT A MINIMUM, INCLUDE:

 (A) THE VOLUME AND TREATED STATE OF THE DISCHARGE;
 (B) THE DATE AND TIME OF THE DISCHARGE;
 (C) THE EXPECTED DURATION OF THE DISCHARGE TO THE EXTENT IT IS  KNOWA
 BLE;
 (D)  A  BRIEF  DESCRIPTION  OF  THE  STEPS  BEING TAKEN TO CONTAIN THE
 DISCHARGE; AND
 (E) THE LOCATION OF THE DISCHARGE, WITH THE MAXIMUM LEVEL OF SPECIFIC
 ITY POSSIBLE.
 2. IN ADDITION TO SUBDIVISION ONE OF THIS SECTION, AS SOON  AS  POSSI
 BLE,  BUT  NO  LATER  THAN  FOUR HOURS AFTER THE DISCHARGE, THE PUBLICLY
 OWNED TREATMENT WORKS SHALL NOTIFY THE NEW YORK STATE HEALTH DEPARTMENT,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14865-02-2
 
       A. 9420--A                          2
 THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WHICH  THE  DISCHARGE
 OCCURRED  AND THE CHIEF EXECUTIVE OF ANY ADJOINING MUNICIPALITY THAT MAY
 BE AFFECTED. NOTIFICATION SHALL ALSO BE PROVIDED WITHIN THE  SAME  TIME
 FRAME  TO  THE GENERAL PUBLIC THROUGH LOCAL NEWS OUTLETS, NEWSPAPERS AND
 ANY OTHER MEDIA AVAILABLE.
 3. THE DEPARTMENT SHALL POST REPORTED INFORMATION ON ITS WEBSITE EXPE
 DITIOUSLY AND SHALL PREPARE AN ANNUAL  PUBLICLY  OWNED  TREATMENT  WORKS
 DISCHARGE REPORT EACH YEAR. THE REPORT SHALL, AT A MINIMUM, INCLUDE: THE
 TOTAL  NUMBER  OF  DISCHARGES,  DETAILS OF SUCH DISCHARGES INCLUDING THE
 VOLUME AND TREATED STATE OF THE DISCHARGE, AND THE DURATION AND LOCATION
 OF EACH DISCHARGE; AS WELL AS ANY REMEDIAL RESPONSES TAKEN  TO  MITIGATE
 IMPACTS AND AVOID FURTHER DISCHARGES.
 

S  3.  This act shall take effect on January 1, 2013.  Effective imme
 diately, the department of environmental conservation is  authorized  to
 promulgate rules and regulations necessary for the timely implementation
 of this act on its effective date.

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