S5915B-2011 Actions

• Jan 27, 2012: PRINT NUMBER 5915C
• Jan 27, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 18, 2012: PRINT NUMBER 5915B
• Jan 18, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO RULES
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Nov 28, 2011: PRINT NUMBER 5915A
• Nov 28, 2011: AMEND AND RECOMMIT TO RULES
• Oct 26, 2011: REFERRED TO RULES

S5915B-2011 Memo

BILL NUMBER:S5915B

TITLE OF BILL:
An act
to amend the environmental conservation law and the public
health law, in relation to monitoring and notifying residents of the
state of water contamination

PURPOSE:
With billions of gallons of untreated sewage being released into New
York's waters each year, it is crucial to pass a strong monitoring
and notification law that informs the public about the quality of our
waterways, particularly with respect to pollution from sewage.

SUMMARY OF PROVISIONS:
Section two: The environmental conservation law is amended by adding a
new section 15-0319. Study of water contamination;

Contamination levels must be recorded over a one year period, starting
60 days after the passage of this law. The data shall be used by the
Department of Environmental Conservation to create a predictive
model, detailing levels of pollution in different parts of the state
at various points during the year.

The Department of Environmental Conservation shall continue to collect
and analyze the data after the one year period is over. The
Department of Environmental Conservation may perform the data
collection and analysis in conjunction with county departments of
health and any other municipalities and agencies.

The data, collected by the Department of Environmental Conservation,
shall be shared with the Department of State which shall use existing
communications system to notify the public on an ongoing basis about
the levels of contamination in the water. The data shall be available
in a systemic and regional specific manner.

The Department of Environmental Conservation in conjunction with
Department of Health shall establish a coding system that delineates
levels of contamination in the water. The Department of State shall
use this system to issue constant updates on New York's water quality
to notify New Yorkers in the event water levels become dangerous.

Section three: The public health law is amended by adding a new section
224-c. Water quality information;

The public health and health planning council shall provide constant
updates to residents of the state regarding the quality of water
throughout the state using information received by the department of
environmental conservation, pursuant to section 15-0319 of the environ-
mental conservation law.

JUSTIFICATION:
Bodies of water around the state must be monitored on an ongoing basis
by the Department of Environmental Conservation. We have come to
expect storm warnings, amber alerts, traffic alerts, boil water
alerts, and even pollen warnings. A monitoring and alert system is
needed to inform the public when our oceans, lakes, rivers, aquifers,
and other bodies of water become contaminated with sewage. Currently,
New York State does not have an appropriate monitoring and reporting
system in place to protect the public from polluted waters. As
recently as the summer of 2011, there have been incidents where New
Yorkers have unwittingly come into contact with polluted waters.

Information about potential health risks must be available to the
public. In addition to having regular updates on water contamination
levels, it's important that there be special alerts notifying the
public.

Instead of a patchwork of notification systems, that often vary by
localities, a uniform system that capitalizes on systems already
present at the Department of Environmental Conservation and
Department of State will benefit New Yorkers and help enhance
protections for their health and the environment.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
60 days after becoming law.

S5915B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5915--B
 2011-2012 Regular Sessions
 I N  SENATE
 October 26, 2011
 
 Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
 printed  to  be  committed  to  the  Committee  on  Rules -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee -- recommitted to  the  Committee  on  Environmental
 Conservation  in  accordance  with  Senate Rule 6, sec. 8 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 

AN ACT to amend the environmental conservation law and the public health
 law, in relation to monitoring and notifying residents of the state of
 water contamination
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  

Section 15-0107 of the environmental conservation law is
 amended to read as follows:

 

S 15-0107. Definitions as used in this article.
 1. "CHRONIC SEWAGE  CONTAMINATION"  MEANS  WATER  QUALITY  THAT  FAILS
 APPLICABLE  WATER  QUALITY CRITERIA MORE THAN THIRTY PERCENT OF THE TIME
 OVER A TWELVE MONTH PERIOD.
 2. "COMPREHENSIVE PLANNING" AS USED IN TITLE 11 OF THIS ARTICLE  SHALL
 BE  DEEMED  TO MEAN MULTI-PURPOSE PLANNING FOR AT LEAST TWO, AND AS MANY
 MORE AS MAY BE FOUND TO BE PRACTICABLE AND REASONABLE, OF  THE  PURPOSES
 AND  USES  AS  PROVIDED  BY  THIS  ARTICLE  OR BY ANY OTHER STATUTE, THE
 PROVISIONS OF WHICH AND THE PROCEDURES AUTHORIZED THEREBY ARE TO  REMAIN
 IN FULL FORCE AND EFFECT.
 3. "DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION, DUMPING, SPILL
 ING,  LEAKING  OR PLACING OF ANY SUBSTANCE SO THAT SUCH SUBSTANCE OR ANY
 RELATED CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT, OR  THE  ABANDON
 MENT OF ANY SUBSTANCE.
 4.  "DISPOSAL  SYSTEM"  MEANS A SYSTEM FOR DISPOSING OF SEWAGE, INDUS
 TRIAL WASTE OR OTHER WASTES, AND INCLUDING SEWER SYSTEMS  AND  TREATMENT
 WORKS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13583-04-2
 
       S. 5915--B                          2
 5.  "EXISTING  USES"  ARE  THOSE USES ACTUALLY ATTAINED IN THE BODY OF
 WATER ON OR AFTER NOVEMBER 28, 1975, WHETHER OR NOT THEY ARE  DESIGNATED
 USES.
 6.  "MUNICIPALITY" OR "MUNICIPAL CORPORATION" INCLUDES A COUNTY, CITY,
 TOWN AND VILLAGE.
 7. "Person" means any individual, firm, co-partnership, association or
 corporation other than the state and a "public corporation."
 [2. "Public corporation" means  "public  corporation"]  8.    "PRIMARY
 CONTACT  RECREATION"  MEANS RECREATIONAL ACTIVITIES WHERE THE HUMAN BODY
 MAY COME IN DIRECT CONTACT WITH RAW WATER TO THE POINT OF COMPLETE  BODY
 SUBMERGENCE. PRIMARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED TO,
 SWIMMING, DIVING, WATER SKIING, SKIN DIVING AND SURFING.
 9. "CORPORATION" MEANS A CORPORATION as defined in subdivision [one] 4
 of  [Section  3 of the General Corporation Law] SECTION 102 OF THE BUSI
 NESS CORPORATION LAW and includes all  public  authorities,  except  the
 [Power Authority] POWER AUTHORITY of the [State] STATE of New York.
 [3. "Municipality" or "municipal corporation" includes a county, city,
 town and village.
 4.]  10.  "RECREATIONAL ACCESS AREAS" MEANS POINTS OF ACCESS TO WATERS
 USED BY THE PUBLIC FOR PRIMARY OR SECONDARY  CONTACT  RECREATION  ACTIV
 ITIES.
 11.  "RELEASE"  SHALL MEAN AN OVERFLOW, SPILL, RELEASE OR DIVERSION OF
 SEWAGE FROM A DISPOSAL SYSTEM TO WATERS, INCLUDING RELEASES  FROM  SANI
 TARY  SYSTEM OVERFLOWS AND COMBINED SEWER OVERFLOWS WHICH ARE NOT OTHER
 WISE CATEGORIZED AS DISCHARGES.
 12. "SECONDARY CONTACT RECREATION" MEANS RECREATIONAL ACTIVITIES WHERE
 CONTACT WITH THE WATER IS MINIMAL AND WHERE INGESTION OF  THE  WATER  IS
 NOT  PROBABLE. SECONDARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED
 TO, FISHING AND BOATING.
 13. "SEWAGE" MEANS THE WATER-CARRIED HUMAN OR ANIMAL WASTES FROM RESI
 DENCES, BUILDINGS, INDUSTRIAL ESTABLISHMENTS OR OTHER  PLACES,  TOGETHER
 WITH SUCH GROUND WATER INFILTRATION AND SURFACE WATER AS MAY BE PRESENT.
 THE ADMIXTURE WITH SEWAGE AS ABOVE DEFINED OF INDUSTRIAL WASTES OR OTHER
 WASTES  AS  HEREAFTER  DEFINED, SHALL ALSO BE CONSIDERED "SEWAGE" WITHIN
 THE MEANING OF THIS ARTICLE.
 14. "SEWER SYSTEM" OR "SEWERAGE SYSTEM" MEANS PIPE LINES OR  CONDUITS,
 PUMPING STATIONS, AND FORCE MAINS, AND ALL OTHER CONSTRUCTIONS, DEVICES,
 AND  APPLIANCES  APPURTENANT THERETO, USED FOR CONDUCTING SEWAGE, INDUS
 TRIAL WASTE OR OTHER WASTES TO A POINT OF ULTIMATE DISPOSAL.
 15. "SUPPLEMENTARY WATER QUALITY DATA"  MEANS  DATA  COLLECTED  BY  OR
 PROVIDED  TO THE DEPARTMENT BY MUNICIPALITIES AND COUNTIES OR BY PRIVATE
 CITIZENS, NON-GOVERNMENTAL  ORGANIZATIONS  OR  EDUCATIONAL  INSTITUTIONS
 PURSUANT TO SUBDIVISION 4 OF SECTION 15-0319 OF THIS ARTICLE IN ORDER TO
 ACHIEVE  THE PURPOSES OF SUCH SECTION, IN ADDITION TO WATER QUALITY DATA
 WHICH THE DEPARTMENT IS REQUIRED TO  COLLECT  PURSUANT  TO  THE  FEDERAL
 CLEAN WATER ACT AND/OR ARTICLE 17 OF THIS CHAPTER.
 16. "TREATMENT WORKS" MEANS ANY PLANT, DISPOSAL FIELD, LAGOON, PUMPING
 STATION, CONSTRUCTED DRAINAGE DITCH OR SURFACE WATER INTERCEPTING DITCH,
 INCINERATOR,  AREA  DEVOTED  TO  SANITARY LAND FILLS, OR OTHER WORKS NOT
 SPECIFICALLY MENTIONED HEREIN, INSTALLED FOR THE  PURPOSE  OF  TREATING,
 NEUTRALIZING,  STABILIZING  OR  DISPOSING OF SEWAGE, INDUSTRIAL WASTE OR
 OTHER WASTES.
 17. "Waters" shall be construed to include lakes, bays, sounds, ponds,
 impounding reservoirs, springs, wells, rivers, streams, creeks,  estuar
 ies,  marshes, inlets, canals, the Atlantic ocean within the territorial
 limits of the state of New York, and all  other  bodies  of  surface  or
 
       S. 5915--B                          3
 underground  water,  natural  or artificial, inland or coastal, fresh or
 salt, public or private, which are wholly or partially within or border
 ing the state or within its jurisdiction.
 [5.] 18. "Water power" shall be construed to mean power developed from
 falling  or flowing water, and all electrical current and other forms of
 energy into which such power may be transformed.
 [6. The term "comprehensive planning" as used  in  title  11  of  this
 article shall be deemed to mean multi-purpose planning for at least two,
 and  as  many  more as may be found to be practicable and reasonable, of
 the purposes and uses as provided by this article 15  or  by  any  other
 statute,  the  provisions of which and the procedures authorized thereby
 are to remain in full force and effect.
 7.] 19. Other definitions, applicable to this article,  are  found  in
 sections 15-1301, 15-1703, 15-1973 and 15-2101.
 

S  2.  The  environmental  conservation law is amended by adding a new
 section 15-0319 to read as follows:

 

S 15-0319. PUBLIC NOTIFICATION OF SEWAGE DISCHARGES AND RELEASES.
 1. FOR PURPOSES OF THIS SECTION "BODY OR BODIES OF  WATER"  MEANS  ALL
 WATERS,  AS DEFINED BY SUBDIVISION 17 OF SECTION 15-0107 OF THE ARTICLE,
 WHICH ARE, OR COULD BE  AFFECTED,  EITHER  DIRECTLY  OR  INDIRECTLY,  BY
 SEWAGE  CONTAMINATION  RESULTING  FROM  A  DISCHARGE  OR  RELEASE FROM A
 DISPOSAL SYSTEM AND:

 (A) WHICH ARE DESIGNATED BY THE DEPARTMENT FOR  PRIMARY  OR  SECONDARY
 CONTACT RECREATION USES; OR
 (B)  WHERE  PRIMARY  OR  SECONDARY  RECREATION ACTIVITIES ARE EXISTING
 USES; OR
 (C) FROM WHICH DRINKING WATER IS WITHDRAWN.
 2. THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF HEALTH OF
 REPORTED SEWAGE DISCHARGES AND RELEASES FROM DISPOSAL SYSTEMS WHICH HAVE
 THE POTENTIAL TO AFFECT HUMAN HEALTH IN  ORDER  FOR  THE  DEPARTMENT  OF
 HEALTH TO ISSUE WATER QUALITY ALERTS AS REQUIRED BY SECTION 224-C OF THE
 PUBLIC HEALTH LAW.
 3.  IN  ORDER TO ACHIEVE THE PURPOSES OF THIS SECTION AND, IN ADDITION
 TO WATER QUALITY SAMPLING REQUIRED BY PARAGRAPH (H) OF SUBDIVISION 5  OF
 SECTION  17-0303  OF  THIS  CHAPTER AND THE FEDERAL CLEAN WATER ACT, THE
 DEPARTMENT SHALL MONITOR AND STUDY SEWAGE CONTAMINATION LEVELS IN BODIES
 OF WATER AT RECREATIONAL ACCESS AREAS IN ORDER TO NOTIFY THE  PUBLIC  OF
 LOCAL WATER QUALITY CONDITIONS AND, AS DATA AND DEPARTMENT RESOURCES MAY
 ALLOW,  TO  CREATE  WATER  QUALITY  MODELS THAT CAN PREDICT UNACCEPTABLE
 LEVELS OF SEWAGE CONTAMINATION IN SUCH BODIES OF WATER.  THE  DEPARTMENT
 SHALL  UTILIZE  SUPPLEMENTARY  WATER  QUALITY  DATA PROVIDED PURSUANT TO
 SUBDIVISION 4 OF THIS SECTION.  THE DEPARTMENT SHALL CONDUCT  COLLECTION
 AND  ANALYSIS  OF  WATER QUALITY ANNUALLY DURING THE RECREATIONAL SEASON
 FROM MAY THROUGH SEPTEMBER. WATER QUALITY COLLECTION  AND  ANALYSIS  MAY
 ALSO  BE  PROVIDED  BY  COUNTY  DEPARTMENTS OF HEALTH, MUNICIPALITIES OR
 AGENCIES TASKED WITH MONITORING WATER CONTAMINATION, PRIVATE LABS AND/OR
 NON-PROFIT OR CITIZEN GROUPS THAT PERFORM SUCH COLLECTION  AND  ANALYSIS
 IN CONFORMANCE WITH THE STANDARDS SET FORTH IN THE NEW YORK STATE VOLUN
 TEER  LAKE MONITORING PROGRAM. MUNICIPALITIES AND THEIR SUBDIVISIONS MAY
 PETITION THE DEPARTMENT TO INCLUDE ADDITIONAL BODIES  OF  WATER  TO  THE
 MONITORING LIST BASED ON CONSISTENT PUBLIC USE OF SUCH BODY OF WATER FOR
 PRIMARY OR SECONDARY CONTACT RECREATION.
 4.  CITIZENS,  NON-GOVERNMENTAL  ORGANIZATIONS  AND EDUCATIONAL INSTI
 TUTIONS, UNDER THE GUIDANCE AND DIRECTION OF THE DEPARTMENT, MAY MONITOR
 WATER QUALITY TO GATHER DATA ON SEWAGE CONTAMINATION OF BODIES OF  WATER
 AND  PROVIDE  SUCH DATA TO THE DEPARTMENT AS SUPPLEMENTARY WATER QUALITY
 
       S. 5915--B                          4
 DATA IN ORDER TO ASSIST THE DEPARTMENT WITH ACCOMPLISHING  THE  PURPOSES
 OF  THIS  SECTION. SUCH MONITORING SHALL BE CONDUCTED PURSUANT TO PROTO
 COLS AND QUALITY ASSURANCE/QUALITY CONTROL REQUIREMENTS AS  THE  DEPART
 MENT MAY PROMULGATE BY REGULATION. SUCH SAMPLING SHALL OCCUR BETWEEN MAY
 AND  SEPTEMBER. SAMPLES MAY BE PROCESSED BY THE VOLUNTEERS AND FORWARDED
 TO A CONTRACT CHEMISTRY LABORATORY FOR ANALYSIS.   CHEMISTRY  PARAMETERS
 SHALL INCLUDE, BUT ARE NOT LIMITED TO, TESTS FOR ESCHERICHIA COLI, FECAL
 COLIFORM,  TOTAL  COLIFORM  AND  ENTEROCOCCUS BACTERIA. THE COMMISSIONER
 SHALL ESTABLISH AND FILL A NEW PERMANENT POSITION OF PROGRAM COORDINATOR
 FOR THE MONITORING PROGRAM WITHIN THE DIVISION OF WATER. QUALITY CONTROL
 CHECKS SHALL BE CARRIED OUT ON A REGULAR BASIS BY THE PROGRAM  COORDINA
 TOR.
 5.  THE  DATA RETRIEVED FROM THE STUDIES REQUIRED PURSUANT TO SUBDIVI
 SIONS 3 AND 4 OF THIS SECTION SHALL BE SHARED  WITH  THE  DEPARTMENT  OF
 STATE, DEPARTMENT OF HEALTH, THE PUBLIC HEALTH AND HEALTH PLANNING COUN
 CIL AND ANY OTHER DEPARTMENT OR AGENCY WITH AN INTEREST IN SUCH INFORMA
 TION.
 6.  THE  DEPARTMENT,  IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND
 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SHALL ESTABLISH A  CODING
 SYSTEM  FOR PUBLIC NOTIFICATION OF THE LEVELS OF SEWAGE CONTAMINATION IN
 THE WATER.   IN ADDITION TO THE CODED  NOTIFICATION  SYSTEM,  ALL  WATER
 QUALITY DATA SHALL BE MADE AVAILABLE TO THE PUBLIC AS IT IS COLLECTED IN
 AS NEAR TO REAL TIME AS POSSIBLE. WATER BODIES WHERE WATER QUALITY MONI
 TORING IS NOT CONDUCTED SHALL BE LISTED AS SUCH.
 

S 3. The public health law is amended by adding a new section 224-c to
 read as follows:

 

S  224-C.  WATER  QUALITY INFORMATION. 1. THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL SHALL PROVIDE ONGOING UPDATES TO RESIDENTS OF THE STATE
 REGARDING THE QUALITY OF WATER THROUGHOUT THE  STATE  USING  INFORMATION
 RECEIVED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION FROM WATER
 QUALITY MONITORING AND PREDICTIVE  WATER  QUALITY  MODELS,  PURSUANT  TO
 SECTION 15-0319 OF THE ENVIRONMENTAL CONSERVATION LAW.
 2. INFORMATION SHALL BE DISSEMINATED TO RESIDENTS OF THE STATE THROUGH
 VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT'S WEBSITE.
 3.  THE CODING SYSTEM, ESTABLISHED BETWEEN THE DEPARTMENT, THE DEPART
 MENT OF ENVIRONMENTAL CONSERVATION, AND THE  PUBLIC  HEALTH  AND  HEALTH
 PLANNING  COUNCIL,  PURSUANT  TO  SECTION  15-0319  OF THE ENVIRONMENTAL
 CONSERVATION LAW, SHALL BE MADE AVAILABLE ON THE  DEPARTMENT'S  WEBSITE,
 ALONG WITH THE WATER QUALITY SAMPLING DATA AND PREDICTIVE MODEL DATA.
 4.  IF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION DETERMINES THAT
 THERE ARE UNACCEPTABLE LEVELS OF SEWAGE  CONTAMINATION,  THE  DEPARTMENT
 SHALL  DISSEMINATE  WATER  QUALITY  ALERTS TO THE PUBLIC.  WATER QUALITY
 ALERTS MUST BE ISSUED AS SOON AS POSSIBLE, AND NO LATER  THAN  ONE  HOUR
 AFTER  THE  STATE  IS  NOTIFIED,  IN  THE EVENT OF ANY ACCIDENTAL SEWAGE
 RELEASES SUCH AS SEWER COLLECTION AND CONVEYANCE COMPONENT  FAILURE  AND
 UNPLANNED  RELEASES FROM WASTEWATER TREATMENT PLANTS. THE PUBLIC MUST BE
 NOTIFIED IN REAL TIME WHEN EVENTS OR CONDITIONS ARE  ANTICIPATED,  BASED
 ON  A  PREDICTIVE  MODEL OR PLANNED RELEASE, TO CAUSE UNACCEPTABLE WATER
 QUALITY, SUCH AS HEAVY RAIN IN AN AREA WITH COMBINED SEWER OVERFLOWS  OR
 PLANNED WASTEWATER TREATMENT PLANT BYPASSES.  THE DEPARTMENT SHALL ISSUE
 ALERTS  TO  COMMUNICATIONS  OUTLETS,  INCLUDING TELEVISION AND RADIO AND
 CREATE AND UTILIZE RELEVANT SOCIAL  MEDIA  OUTLETS  TO  COMMUNICATE  ANY
 SPECIAL  ALERTS TO STATE AND LOCAL RESIDENTS.  AT LOCATIONS WITH CHRONIC
 SEWAGE CONTAMINATION, SUCH AS ONGOING CONTAMINATION FROM FAILING  SEPTIC
 SYSTEMS,  SIGNS  SHALL  BE  POSTED  TO  ALERT THE PUBLIC OF UNACCEPTABLE
 LEVELS OF SEWAGE IN THE WATER. THE SIGNS MUST BE  EASILY  UNDERSTOOD  BY
 
       S. 5915--B                          5
 THE  PUBLIC  AND  MUST  BE  MAINTAINED  UNTIL  WATER QUALITY IN THE AREA
 RETURNS TO ACCEPTABLE LEVELS OF SEWAGE.
 

S  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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