NY State Senate Bill 2013-S1836

Senate Bill S1836

2013-2014 Legislative Session

Requires monitoring by DEC of water contamination throughout the state and notification of such contamination by the department of health

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to environmental conservation
Jan 09, 2013	referred to environmental conservation

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2013-S1836 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §15-0319, amd §15-0107, En Con L; add §224-c, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5915
2015-2016: S3747
2017-2018: S2385

2013-S1836 (ACTIVE) - Summary

Requires monitoring by DEC of water contamination throughout the state and notification to residents of the state of such contamination by the department of health and the public health and health planning council; provides that the department of health shall disseminate special alerts to the public through television, radio and social media outlets where DEC determines unacceptable levels of water contamination.

2013-S1836 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1836

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 OR GENERAL IDEA OF BILL:
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 duality of our
waterways, particularly with respect to pollution from sewage.

SUMMARY OF SPECIFIC PROVISIONS:

Section one: The environmental conservation law is amended by adding a
new section 15-0319. Study of water contamination; Contamination
levels must he 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 levels of toxins in the water
become dangerous.

Section two: 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 environmental conservation law.

JUSTIFICATION:
Bodies of water around the state must be monitored in an ongoing basis
by the Department of Environmental Conservation. We have come to
except storm warnings, amber alerts, traffic alerts, bail 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. At
recently in 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.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect 60 days after becoming law.

2013-S1836 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1836

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. ESPAILLAT, KRUEGER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05339-01-3

S. 1836                             2

  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 of
Section 3 of the General Corporation Law] SUBPARAGRAPH FOUR OF PARAGRAPH
(A) OF SECTION ONE HUNDRED TWO  OF  THE  BUSINESS  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
underground water, natural or artificial, inland or  coastal,  fresh  or

S. 1836                             3

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
DATA IN ORDER TO ASSIST THE DEPARTMENT WITH ACCOMPLISHING  THE  PURPOSES

S. 1836                             4

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. 1836                             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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Senate Bill S1836

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Adriano Espaillat