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BILL NUMBER:S6268C

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: Section 1 cites this act as the "sewage pollution right to know act."

Section 2 amends the environmental conservation law by adding a new section 11-0826-a requiring publicly owned treatment works (POTW) or the operator of a publicly owned sewer system to immediately, hut in no case later than 2 hours, report discharges of untreated or partially treated sewage, including combined sewer overflows (CSO), except partially treated sewage discharged directly from a POTW that is in compliance with a department approved plan or permit, to the department and the local health department, or if there is none, the New York state health department. Such report shall, at minimum, include, to the extent knowable with. existing systems and models:

* the volume and treated state of the discharge;

* the date and time of the discharge;

* the expected duration of the discharge;

* a brief description of the steps taken to contain the discharge except for wet weather combined sewer overflow discharges;

* the location of the discharge, with the maximum specificity possible; and

* the reason for the discharge.

Subdivision 2 provides that as soon as possible, but no later than four hours after the discharge, the POTW or operator of a publicly owned sewer system shall notify the local health department or if there is none, the New York state health department, the chief elected official or their authorized designee of the municipality in which the discharge occurred and the chief elected official or their authorized designee of any adjoining municipality that may be affected. "The same notification shall also be provided within the same timeframe to the general public, pursuant to regulations to be promulgated by the department through appropriate media as determined by the department.

Subdivision 3 provides that the department shall post reported information on its website expeditiously and prepare an annual report.

Subdivision 4 provides that the department shall promulgate rules and regulations necessary for the implementation of this section. The

 department in consultation with the department of health shall further promulgate health-based rules and regulations to provide for notification in any situation that may present a threat to public health. These regulations shall authorize POTWs or operator of a publicly owned sewer system to consider input from a local health agency so long as that input is based on objective criteria.

Section 3 provides that a municipality may, but shall not be required to, expend additional local funds to implement the provisions of this act.

Section 4 provides the effective date.

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: New bill.

FISCAL IMPLICATIONS: None to New York State or to municipalities.

EFFECTIVE DATE: This act shall take effect January 1, 2013. Effective immediately, the Department of Environmental Conservation is authorized to promulgate rules and regulations, as authorized by subdivision 4 of section 17-0826-a of the environmental conservation law as added by section 2 of this act, necessary for the timely implementation of this act on its effective date.

Text

STATE OF NEW YORK
________________________________________________________________________

6268--C
Cal. No. 594

IN SENATE

January 18, 2012
___________

Introduced  by Sens. GRISANTI, ADDABBO, AVELLA, DILAN, DUANE, ESPAILLAT,
  FUSCHILLO, GOLDEN, HASSELL-THOMPSON, KLEIN, KRUEGER, LAVALLE, MARTINS,
  MONTGOMERY, O'MARA, OPPENHEIMER, PARKER, SERRANO,  STEWART-COUSINS  --
  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 -- reported favorably from said committee, ordered to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading --  again
  amended  and  ordered  reprinted,  retaining its place in 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 AND OPERATORS OF PUBLICLY
               OWNED SEWER SYSTEMS.
  1. PUBLICLY OWNED TREATMENT WORKS OR THE OPERATOR OF A PUBLICLY  OWNED
SEWER  SYSTEM  SHALL  IMMEDIATELY,  BUT IN NO CASE LATER THAN TWO HOURS,
REPORT DISCHARGES OF UNTREATED OR PARTIALLY  TREATED  SEWAGE,  INCLUDING
COMBINED  SEWER  OVERFLOWS,  EXCEPT  PARTIALLY TREATED SEWAGE DISCHARGED
DIRECTLY FROM A PUBLICLY OWNED TREATMENT WORKS  THAT  IS  IN  COMPLIANCE
WITH  A  DEPARTMENT  APPROVED  PLAN OR PERMIT, TO THE DEPARTMENT AND THE
LOCAL HEALTH DEPARTMENT, OR IF THERE IS NONE, THE NEW YORK STATE  HEALTH
DEPARTMENT.  SUCH  REPORT  SHALL,  AT  A MINIMUM, INCLUDE, TO THE EXTENT
KNOWABLE WITH EXISTING SYSTEMS AND MODELS:
  (A) THE VOLUME AND TREATED STATE OF THE DISCHARGE;
  (B) THE DATE AND TIME OF THE DISCHARGE;
  (C) THE EXPECTED DURATION OF THE DISCHARGE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13941-05-2
S. 6268--C                          2

  (D) A BRIEF DESCRIPTION OF  THE  STEPS  BEING  TAKEN  TO  CONTAIN  THE
DISCHARGE EXCEPT FOR WET WEATHER COMBINED SEWER OVERFLOW DISCHARGES;
  (E) THE LOCATION OF THE DISCHARGE, WITH THE MAXIMUM LEVEL OF SPECIFIC-
ITY POSSIBLE; AND
  (F) THE REASON FOR THE DISCHARGE.
  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 OR THE OPERATOR OF A PUBLICLY OWNED SEWER SYSTEM
SHALL NOTIFY THE LOCAL HEALTH DEPARTMENT OR IF THERE IS  NONE,  THE  NEW
YORK  STATE  HEALTH  DEPARTMENT,  THE  CHIEF  ELECTED  OFFICIAL OR THEIR
AUTHORIZED DESIGNEE OF THE MUNICIPALITY IN WHICH THE DISCHARGE  OCCURRED
AND  THE  CHIEF  ELECTED  OFFICIAL  OR  THEIR AUTHORIZED DESIGNEE OF ANY
ADJOINING MUNICIPALITY THAT MAY BE AFFECTED. THE SAME NOTIFICATION SHALL
ALSO BE PROVIDED WITHIN THE SAME TIMEFRAME TO THE GENERAL PUBLIC, PURSU-
ANT TO REGULATIONS TO BE PROMULGATED  UNDER  SUBDIVISION  FOUR  OF  THIS
SECTION THROUGH APPROPRIATE MEDIA AS DETERMINED BY THE DEPARTMENT.
  3. THE DEPARTMENT SHALL POST REPORTED INFORMATION ON ITS WEBSITE EXPE-
DITIOUSLY  AND  SHALL PREPARE A REPORT ON PUBLICLY OWNED TREATMENT WORKS
AND SEWER SYSTEM DISCHARGES ANNUALLY. 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  DURA-
TION  AND  LOCATION OF EACH DISCHARGE; AS WELL AS ANY REMEDIAL RESPONSES
TAKEN TO MITIGATE IMPACTS AND AVOID FURTHER DISCHARGES.
  4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE IMPLEMENTATION OF THIS SECTION.  PURSUANT TO THE PROVISIONS OF  THIS
SECTION,  THE  DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
SHALL FURTHER PROMULGATE HEALTH-BASED RULES AND REGULATIONS  TO  PROVIDE
FOR  NOTIFICATION  IN  ANY SITUATION THAT MAY PRESENT A THREAT TO PUBLIC
HEALTH. THESE REGULATIONS SHALL AUTHORIZE PUBLICLY OWNED TREATMENT WORKS
OR THE OPERATOR OF A PUBLICLY OWNED SEWER SYSTEM TO CONSIDER INPUT  FROM
A LOCAL HEALTH AGENCY SO LONG AS THAT INPUT IS BASED ON OBJECTIVE CRITE-
RIA.
  S  3.  A  municipality may, but shall not be required to, expend addi-
tional local funds to implement the provisions of this act.
  S 4. This act shall take effect May 1, 2013.   Effective  immediately,
the department of environmental conservation is authorized to promulgate
rules  and  regulations,  as  authorized  by  subdivision  4  of section
17-0826-a of the environmental conservation law as added by section  two
of  this act, necessary for the timely implementation of this act on its
effective date.