senate Bill S6268A

Amended

Creates the "sewage pollution right to know act"

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

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

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9420A
Versions:
S6268
S6268A
S6268B
S6268C
S6268D
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

Votes

Sponsor 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.

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

                                 6268--A

                            I N  S E N A T E

                            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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.