S6268A-2011 - NY Senate Open Legislation - Creates the "sewage pollution right to know act"

Enacts the "sewage pollution right to know act"; requires publicly owned treatment works to report discharges of untreated or partially treated sewage.

Sponsor: GRISANTI / Co-sponsor(s): ADDABBO, AVELLA, DILAN, DUANE, ESPAILLAT, FUSCHILLO, GOLDEN, HASSELL-THOMPSON, KLEIN, KRUEGER, LAVALLE, MARTINS, MONTGOMERY, O'MARA, OPPENHEIMER, PARKER, SERRANO, STEWART-COUSINS
Law Section: Environmental Conservation Law / Law: Add S17-0826-a, En Con L

S6268A-2011 Actions

Jun 21, 2012: SUBSTITUTED BY A10585A
Jun 18, 2012: AMENDED ON THIRD READING 6268D
May 31, 2012: AMENDED ON THIRD READING 6268C
May 23, 2012: AMENDED ON THIRD READING 6268B
May 1, 2012: ADVANCED TO THIRD READING
Apr 30, 2012: 2ND REPORT CAL.
Apr 26, 2012: 1ST REPORT CAL.594
Apr 2, 2012: PRINT NUMBER 6268A
Apr 2, 2012: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
Jan 18, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

S6268A-2011 Meetings

Environmental Conservation: Apr 26, 2012

S6268A-2011 Calendars

Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012

S6268A-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Apr 26, 2012

Ayes (13): Grisanti, Johnson, LaValle, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): Little

S6268A-2011 Memo

BILL NUMBER:S6268A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to creating the
sewage pollution right to know act

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
increase public notice regarding certain sewage discharges.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would require:

* Publicly Owned Treatment Works (POTWs), for discharges of untreated
or partially treated sewage including combined sewer overflows, to:

o immediately, but in no case later than two hours, report such
discharges to the Department of Environmental Conservation (DEC) and
the local health department, such report shall at a minimum include:

* the volume and treated state of the discharge;

* the date and time of the discharge;

* the expected duration of the discharge to the extent it is knowable;

* a brief description of the steps taken to contain the discharge; and,

* the location, with the maximum specificity possible;

o as soon as possible, but no later than four hours after the
discharge, notify the State Health Department, the Chief Executive
Officer (CEO) of the municipality in which the discharge occurred as
well as any adjoining municipalities' CEOs that may be affected, and
the general public through local news outlets, newspapers and other
available media;

* DEC to post reported information on its website expeditiously; and

* DEC to prepare an annual POTW discharge report each year.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Adds a new � 17-0826-a to the Environmental Conservation Law.

JUSTIFICATION:
Discharges of untreated or partially treated sewage
include contaminants and pollutants, pathogens, bacteria and toxins
raising public health, safety and environmental concerns. Current
notification procedures have proven inadequate in disseminating
information. Prompt notification of discharge events, including

media notification, will help ensure the public has the information
needed to limit recreational uses and activities such as swimming
and diving. In addition, shellfish harvesting activities could
also be adjusted accordingly.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.

EFFECTIVE DATE:
This act shall take effect January 1, 2013. Effective
immediately, the Department of Environmental Conservation is
authorized to promulgate rules and regulations necessary for the
timely implementation of this act on its effective date.

S6268A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6268--A
 I N  SENATE
 January 18, 2012
 
 Introduced by Sens. GRISANTI, HASSELL-THOMPSON, KRUEGER, MARTINS, OPPEN
 HEIMER  --  read  twice  and  ordered  printed, and when printed to be
 committed to the Committee on Environmental Conservation --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 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,
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13941-02-2
        S. 6268--A                          2
 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.

S6268A-2011: Creates the "sewage pollution right to know act"