senate Bill S5956

Establishes the Long Island water pollution control act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 16 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Establishes the "Long Island water pollution control act"; further establishes the Long Island water quality commission and the Long Island clean water quality and protection plan; provides for a state of the aquifer report.

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Bill Details

See Assembly Version of this Bill:
A8163
Versions:
S5956
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 15 Title 35 ยงยง15-3501 - 15-3509, En Con L

Sponsor Memo

BILL NUMBER:S5956

TITLE OF BILL: An act to establish the "Long Island water pollution
control act"; and to amend the environmental conservation law, in
relation to establishing the Long Island water quality commission

PURPOSE: To improve water quality on Long Island.

SUMMARY OF PROVISIONS:

This bill would

*Establish a Long Island Water Quality commission to consist of eleven
members;

*Require the Department of Environmental (DEC) to establish a Long
Island Clean Water Quality and Protection Plan to include:

o A comprehensive groundwater and surface water quality assessment and
a restoration and pollution reduction plan;

o Designation of specific areas suitable and appropriate for public
acquisition;

o Designation of high priority water quality areas for which further
degradation shall not be permitted;

o Recommendations and compliance requirements to ensure the
implementation of the plan by local governments;

o A local participation plan and,

o A financial assessment estimating costs and potential funding
sources

*Establish a timetable for the implementation of the Plan components;

*Establish the process for local implementation of the Plan and
commission review;

*Require DEC to prepare a "State of the Aquifer" report; and,

*Require DEC to establish an ambient groundwater standard of no more
than two milligrams per liter of nitrogen where groundwater enters
surface waters and to establish additional groundwater quality targets
for a range of water quality indicators including total dissolved
oxygen, turbidity and temperature.

JUSTIFICATION: Long Island's water resources are unique in the region
- with a federal sole-source aquifer designation, nine special
groundwater protection areas and three estuary-based watershed
planning efforts; however, despite these efforts, Long Island's water
resources have continued to be impacted negatively by a variety of
contaminants and an increasing number of harmful algal blooms.
Continued water quality and coastal habitat decline will result in
shell fishing closures, beach closures and fishing restricts, along
with further contamination of private and public wells. This bill will


establish a Long Island Water Quality Commission that is responsible
for the development, adoption, implementation and long-term oversight
of a Long Island Clean Water Quality Protection Plan (LICWQPP). The
plan will identify and evaluate priority threats to Long Island's
(Nassau and Suffolk County) surface and ground waters, define specific
actions and programs to improve water quality on Long Island and
establish new pollution reduction standards and regulations for Long
Island governing the disposal of human wastewater to significantly
reduce the level of nitrogen entering ground and surface waters
Implementation of the LICWQPP will require local and regional
municipalities along with regional water quality management agencies
to develop clean water action plans that must be approved and
monitored by the Commission. The Commission shall regularly review
local clean water action plans and local implementation procedures for
consistency with the LICWQPP and the goals of each local plan. Should
any local or regional municipality or water quality management agency
fail to implement its local clean water action plan consistent with
its approved requirements, the Commission may rescind any local clean
water action plan and cause the NYSDEC to implement the local plan
until such time as the local authority can return to compliance with
its duly adopted water quality action plan The Commission shall also
conduct a regular assessment of water quality on Long Island and
produce a State of the Aquifer report to provide water quality data,
guidance, needs and assessments and a long-term tracking mechanism to
measure the impact of the LICWQPP over time.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: Immediately.

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

                                  5956

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 16, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to establish the "Long Island water pollution control  act";  and
  to amend the environmental conservation law, in relation to establish-
  ing the Long Island water quality commission

  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  "Long
Island water pollution control act".
  S  2.  Legislative intent. Long Island's water resources are unique in
the region, unusual in the nation, and of exceptional importance to  the
state  of  New  York  because  of the economic, environmental and public
health values that Long Island's water resources provide to the millions
of people who live and recreate on Long Island.
  Long Island has been designated as a federal sole source aquifer; nine
special groundwater protection areas have been  established  across  the
region;  and  three  estuary  based watershed planning efforts have been
created - in the Peconic Bay, the Long Island Sound, and  the  state-de-
signated South Shore Estuary Reserve.
  In  spite  of  these  designations  and  other  planning efforts, Long
Island's water resources have continued to  be  impacted  by  increasing
quantities of nutrients, pathogens, pesticides, volatile organic contam-
inants  and saltwater intrusion, as well as a number of emerging threats
such as prescription drugs and sea level rise.
  In response to these environmental impacts,  the  region  has  already
experienced an increasing number of harmful algal blooms and other docu-
mented declines in key biological indicators which demonstrate continued
and  increasing stress on the region's groundwater resources and coastal
ecosystems.
  Continued water quality and coastal habitat decline,  will  result  in
more  harmful  algal  blooms, shellfishing closures, beach closures, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11505-02-3

S. 5956                             2

fishing restrictions, along with the further  contamination  of  private
and  public  wells. These impacts will inevitably have significant nega-
tive effects on the tourism economy of Long Island--and on  the  quality
of life and public health for the millions of residents of the region.
  S  3.  Article  15 of the environmental conservation law is amended by
adding a new title 35 to read as follows:
                                 TITLE 35
                  LONG ISLAND WATER QUALITY COMMISSION
SECTION 15-3501. LONG ISLAND WATER QUALITY COMMISSION.
        15-3503. LONG ISLAND CLEAN WATER QUALITY AND PROTECTION PLAN.
        15-3505. IMPLEMENTATION OF THE LONG ISLAND CLEAN  WATER  QUALITY
                   AND PROTECTION PLAN.
        15-3507. STATE OF THE AQUIFER REPORT.
        15-3509. GROUNDWATER STANDARDS.
S 15-3501. LONG ISLAND WATER QUALITY COMMISSION.
  1.  THERE  IS HEREBY ESTABLISHED THE LONG ISLAND WATER QUALITY COMMIS-
SION TO PROVIDE INPUT ON THE DEVELOPMENT AND TO MANAGE AND  OVERSEE  THE
IMPLEMENTATION  OF  THE  LONG  ISLAND CLEAN WATER QUALITY AND PROTECTION
PLAN ESTABLISHED PURSUANT TO SECTION 15-3503 OF THIS TITLE.
  2. FOR THE PURPOSE OF THIS TITLE, THE TERM "COMMISSION" SHALL MEAN THE
LONG ISLAND WATER QUALITY COMMISSION AND "PLAN"  SHALL  MEAN  THE  "LONG
ISLAND CLEAN WATER QUALITY AND PROTECTION PLAN".
  3.  THE COMMISSION SHALL CONSIST OF THE FOLLOWING ELEVEN MEMBERS:  TWO
APPOINTED BY THE GOVERNOR; ONE APPOINTED BY THE SENATE; ONE APPOINTED BY
THE SPEAKER OF THE ASSEMBLY; THE NASSAU COUNTY EXECUTIVE OR HIS  OR  HER
DESIGNEE;  THE  SUFFOLK  COUNTY  EXECUTIVE  OR  HIS OR HER DESIGNEE; THE
PRESIDING OFFICER OF THE NASSAU COUNTY LEGISLATURE OR HIS OR HER  DESIG-
NEE;  THE  PRESIDING OFFICER OF THE SUFFOLK COUNTY LEGISLATURE OR HIS OR
HER DESIGNEE; THE CHAIR OF THE CITIZENS ADVISORY COMMITTEE; THE CHAIR OF
THE TECHNICAL ADVISORY COMMITTEE; AND THE CHAIR OF THE LOCAL  GOVERNMENT
COMMITTEE.
  4.  THE  LOCAL  GOVERNMENT  COMMITTEE  SHALL  CONSIST OF THE FOLLOWING
MEMBERS: THIRTEEN TOWN  SUPERVISORS  OR  THEIR  DESIGNEES,  REPRESENTING
TOWNS  FROM  LONG ISLAND; TWO MAYORS OR THEIR DESIGNEES REPRESENTING ALL
CITIES ON LONG ISLAND, TWO MAYORS OR THEIR  DESIGNEES  SELECTED  BY  THE
NASSAU  COUNTY  VILLAGE  OFFICIALS  ASSOCIATION  AND TWO MAYORS OR THEIR
DESIGNEES SELECTED FROM THE SUFFOLK  COUNTY  VILLAGE  OFFICIALS  ASSOCI-
ATION.
  5.  THE  CITIZEN  ADVISORY  COMMITTEE  SHALL  CONSIST OF THE FOLLOWING
MEMBERS: THE LONG ISLAND ASSOCIATION, THE NATURE CONSERVANCY, THE  ASSO-
CIATION  OF  MARINE  INDUSTRIES, THE LONG ISLAND BUILDERS INSTITUTE, THE
LONG ISLAND FARM BUREAU, THE CITIZENS CAMPAIGN FOR THE ENVIRONMENT,  THE
LONG  ISLAND  COUNCIL  OF CHURCHES, THE GROUP FOR THE EAST END, THE LONG
ISLAND LIQUID WASTE ASSOCIATION, THE LONG ISLAND PINE  BARRENS  SOCIETY,
THE  PECONIC  BAYKEEPER,  THE  NASSAU COUNTY LEAGUE OF WOMEN VOTERS, THE
SUFFOLK COUNTY LEAGUE OF WOMEN VOTERS, THE NORTH  SHORE  LAND  ALLIANCE,
FRIENDS  OF THE BAY, THE GREAT SOUTH BAY BAYMAN'S ASSOCIATION, HEMPSTEAD
HARBOR PROTECTION COMMITTEE, OPERATION SPLASH, THE LONG  ISLAND  CONVEN-
TION  AND VISITOR'S BUREAU, AND THE HAUPPAUGE INDUSTRIAL ASSOCIATION. IN
ADDITION, EACH TOWN BOARD ON LONG ISLAND MAY SELECT TWO APPOINTEES,  FOR
A MAXIMUM NUMBER OF FORTY-SEVEN APPOINTMENTS.
  6.  THE  TECHNICAL  ADVISORY  COMMITTEE SHALL CONSIST OF THE FOLLOWING
MEMBERS; THE DEPARTMENT,  THE  SUFFOLK  COUNTY  DEPARTMENTS  OF  HEALTH,
PUBLIC  WORKS  AND  ECONOMIC DEVELOPMENT AND PLANNING, THE NASSAU COUNTY
DEPARTMENTS OF HEALTH, PLANNING, AND PUBLIC WORKS, NEW  YORK  STATE  SEA
GRANT, THE SUFFOLK COUNTY WATER AUTHORITY, THE LONG ISLAND WATER CONFER-

S. 5956                             3

ENCE,  THE STATE UNIVERSITY OF NEW YORK SCHOOL OF MARINE AND ATMOSPHERIC
SCIENCE, AND THE NY INSTITUTE OF TECHNOLOGY CENTER OF  ENERGY,  ENVIRON-
MENT  AND  ECONOMICS.  THE COMMISSION SHALL REQUEST THE PARTICIPATION OF
THE DIRECTOR OF REGION TWO OF THE FEDERAL ENVIRONMENTAL PROTECTION AGEN-
CY  AND  THE  DIRECTOR  OF  THE UNITED STATES GEOLOGICAL SURVEY NEW YORK
WATER SCIENCE CENTER, BOTH OF WHOM MAY APPOINT A DESIGNEE.
  7. THE COMMISSION SHALL PREPARE AN ANNUAL REPORT ASSESSING AND  EVALU-
ATING THE IMPLEMENTATION OF THE PLAN, AND CONDUCT ANNUAL PUBLIC HEARINGS
TO  TAKE INPUT ON THE IMPLEMENTATION AND OUTCOMES OF THE PLAN AND/OR ANY
OTHER WATER QUALITY ISSUES FACING THE REGION OVER TIME.  THE  COMMISSION
SHALL  ALSO DEVELOP AND ADOPT WATER QUALITY STANDARDS AND REGULATIONS AS
NECESSARY TO IMPLEMENT THE OUTCOMES OF THE PLAN.
S 15-3503. LONG ISLAND CLEAN WATER QUALITY AND PROTECTION PLAN.
  1. WITHIN TWO YEARS, THE  DEPARTMENT  SHALL  PREPARE  A  COMPREHENSIVE
CLEAN  WATER QUALITY AND PROTECTION PLAN TO ADDRESS BOTH RESTORATION AND
PROTECTION MEASURES FOR SURFACE WATER AND  GROUNDWATER  RESOURCES.  SUCH
PLAN  SHALL BE SUBJECT TO PUBLIC HEARING, ADOPTED BY THE COMMISSION, AND
FULLY IMPLEMENTED WITHIN SEVEN YEARS OF THE EFFECTIVE DATE OF THIS TITLE
AND SHALL INCLUDE:
  (A) A COMPREHENSIVE GROUNDWATER AND SURFACE WATER  QUALITY  ASSESSMENT
AND  A  RESTORATION  AND  POLLUTION  REDUCTION PLAN FOR LONG ISLAND THAT
RECOGNIZES AND MANAGES FOR THE INTEGRATED PROTECTION AND RESTORATION  OF
BOTH GROUNDWATER AND SURFACE WATER RESOURCES.
  (I)  THE  PLAN  SHALL  EXPLICITLY IDENTIFY, PRIORITIZE AND ADDRESS THE
TREATMENT AND POLLUTION PREVENTION MEASURES  NECESSARY  TO  PROTECT  AND
RESTORE THE DECLINING QUALITY OF LONG ISLAND'S WATER RESOURCES.
  (II)  THE  PLAN  SHALL  PROVIDE MEASURABLE AND ENFORCEABLE GROUNDWATER
QUALITY CRITERIA AND STANDARDS THAT ENSURE THE LONG-TERM  PROTECTION  OF
PUBLIC  AND  PRIVATE  DRINKING  WATER  SUPPLIES,  AS  WELL AS A REGIONAL
SURFACE WATER QUALITY SUFFICIENT TO PROPAGATE  THRIVING  POPULATIONS  OF
FISH, SHELLFISH, AND WATER-DEPENDENT WILDLIFE, AND VIBRANT PUBLIC RECRE-
ATIONAL OPPORTUNITIES BOTH IN AND ON THE WATER.
  (III)  THE PLAN SHALL INCLUDE AN EVALUATION OF HOW EXISTING AND FUTURE
HUMAN DEVELOPMENT ACTIVITY AND REGIONAL  WATER  QUALITY  TRENDS  CAN  BE
EXPECTED  TO  IMPACT  LONG ISLAND'S WATER RESOURCES, AND WATER-DEPENDENT
ECOSYSTEMS OVER TIME. SUCH INFORMATION SHALL BE USED TO GUIDE THE AMOUNT
AND TYPE OF HUMAN DEVELOPMENT ACTIVITY, THE CORRECTIVE MEASURES, AND THE
WATER QUALITY INFRASTRUCTURE NEEDED TO PROTECT  LONG  ISLAND'S  DRINKING
WATER,  COASTAL ENVIRONMENTS, AND LIVING RESOURCES WHILE STILL MAINTAIN-
ING OR IMPROVING EXISTING GROUND AND SURFACE WATER QUALITY, AND PROTECT-
ING UNIQUE ECOLOGICAL FEATURES.
  (IV) NOTHING IN THE PLAN SHALL IMPACT ESTABLISHED DRINKING WATER QUAL-
ITY STANDARDS OR THE REGULAR OPERATIONS AND MANAGEMENT  REQUIREMENTS  OF
ANY EXISTING PUBLIC WATER SUPPLIER;
  (B)  DESIGNATION OF SPECIFIC AREAS SUITABLE AND APPROPRIATE FOR PUBLIC
ACQUISITION;
  (C) DESIGNATION OF HIGH PRIORITY WATER QUALITY AREAS FOR WHICH FURTHER
DEGRADATION SHALL NOT BE PERMITTED;
  (D) RECOMMENDATIONS AND COMPLIANCE REQUIREMENTS TO ENSURE THE  CONTIN-
UED,  UNIFORM,  CONSISTENT  IMPLEMENTATION  OF THE PLAN BY LOCAL GOVERN-
MENTS;
  (E) A LOCAL PARTICIPATION PLAN, WHICH DESCRIBES  HOW  LOCAL  CITIZENS,
OFFICIALS  AND  MEMBERS  OF THE TOURISM, AGRICULTURAL AND FISHING INDUS-
TRIES WILL PARTICIPATE IN THE PLANNING AND IMPLEMENTATION OF  THE  WATER
QUALITY  MANAGEMENT  PROGRAM  AND WHICH CONTAINS A STATEMENT IDENTIFYING
SUPPORT FOR SUCH PROGRAM BY THE PARTICIPATING LOCAL GOVERNMENTS; AND

S. 5956                             4

  (F) A FINANCIAL ASSESSMENT ESTIMATING THE NECESSARY COSTS  AND  POTEN-
TIAL  FUNDING  SOURCES  TO  CARRY OUT RECOMMENDATIONS IN THE PLAN OVER A
FIVE-YEAR PERIOD AND EVALUATE THE BENEFITS THEREFROM.
  2.  WITHIN TWO YEARS, THE DEPARTMENT SHALL ESTABLISH LOCAL AND SUB-RE-
GIONAL WATER QUALITY PROTECTION GOALS AND  INTERIM  REGULATORY  REQUIRE-
MENTS NECESSARY TO MEET DEFINED WATER QUALITY IMPROVEMENT GOALS.
  3.  WITHIN  THREE  YEARS,  THE  DEPARTMENT  SHALL ESTABLISH WASTEWATER
TREATMENT REQUIREMENTS THAT MANDATE THE USE OF  NITROGEN-REDUCING  TECH-
NOLOGIES  THAT  MEET OR EXCEED THE NATIONAL SANITARY FOUNDATION STANDARD
245 SPECIFICATIONS FOR ALL NEW CONSTRUCTION AND RECONSTRUCTION, AND  FOR
THE  REMOVAL  AND UPGRADE OF CURRENT ON-SITE SEPTIC SYSTEMS IN ALL AREAS
WITHIN ONE  THOUSAND  FEET  TO  SURFACE  WATERS,  TIDAL  AND  FRESHWATER
WETLANDS  AND  PUBLIC  SUPPLY  WELLS.   THE DEPARTMENT SHALL ALSO DEFINE
MAXIMUM NITROGEN CONCENTRATION LIMITS FOR REGIONAL  SURFACE  AND  GROUND
WATERSHEDS  ON  LONG  ISLAND,  AND  DEVELOP WATER QUALITY STANDARDS THAT
ACHIEVE BOTH ON-SITE AND REGIONAL NITROGEN REDUCTION  GOALS  DEFINED  IN
THE PLAN.  IMPLEMENTATION OF SUCH REQUIREMENTS SHALL BE DELEGATED TO THE
APPROPRIATE  LOCAL  OR  REGIONAL  WASTEWATER  MANAGEMENT  AUTHORITY  AND
SUBJECT TO A BIENNIAL EVALUATION BY  THE  DEPARTMENT.    THE  DEPARTMENT
SHALL  PREPARE  AND  SUBMIT A COMPLIANCE REPORT TO THE COMMISSION, WHICH
SHALL BE MADE FULLY AVAILABLE TO THE PUBLIC. THE DEPARTMENT  SHALL  HAVE
THE  RIGHT  TO  AMEND  OR  RESCIND ANY DELEGATED WASTEWATER AUTHORITY TO
ASSURE COMPLIANCE WITH ESTABLISHED WASTEWATER  MANAGEMENT  STANDARDS  OR
REQUIREMENTS.    THE  DEPARTMENT  SHALL  WORK  WITH DELEGATED WASTEWATER
AUTHORITIES TO ACHIEVE THE HIGHEST DEGREE OF  WATER  QUALITY  COMPLIANCE
CONSISTENT WITH THE GOALS OF THE PLAN.
  4.  WITHIN  FOUR  YEARS  THE DEPARTMENT SHALL IDENTIFY THOSE UNSEWERED
AREAS MOST IN NEED OF ADVANCED TREATMENT WASTEWATER MANAGEMENT TECHNOLO-
GY AND PROMULGATE  RULES  AND  REGULATIONS  NECESSARY  TO  MAXIMIZE  THE
PHASE-OUT,  AND/OR  INCENTIVIZED  RETIREMENT  AND  REPLACEMENT  OF  SUCH
ON-SITE SYSTEMS OVER THE NEXT DECADE. IN ADDITION, THE DEPARTMENT  SHALL
ALSO IMPLEMENT CHANGES IN NITROGEN AND PESTICIDE APPLICATION AND MANAGE-
MENT PRACTICES TO MINIMIZE GROUNDWATER CONTAMINATION.
  5. WITHIN FIVE YEARS THE DEPARTMENT SHALL DEVELOP SPECIFIC CLEAN WATER
HANDLING  AND  MANAGEMENT  GUIDELINES AND PUBLIC INFORMATION PROGRAMS TO
MINIMIZE THE CONTAMINATION OF WATERS BY PHARMACEUTICALS, HOUSEHOLD TOXIC
AND VOLATILE ORGANIC COMPOUNDS.
S 15-3505. IMPLEMENTATION OF THE LONG ISLAND  CLEAN  WATER  QUALITY  AND
             PROTECTION PLAN.
  WITHIN  SIX  MONTHS AFTER THE PLAN HAS BEEN ADOPTED BY THE COMMISSION,
EACH COUNTY LEGISLATURE, CITY COUNCIL, TOWN BOARD, VILLAGE BOARD, HEALTH
DEPARTMENT OR WATER QUALITY MANAGEMENT AGENCY (WITH PERMITTING  AUTHORI-
TY)  ON LONG ISLAND SHALL ADOPT AND AMEND AS NECESSARY LAND USE, ZONING,
AND ENGINEERING SPECIFICATIONS, BY LOCAL LAW, ORDINANCE, RULE  OR  REGU-
LATION  TO  CONFORM  THEIR LAND USE AND WATER QUALITY REGULATIONS TO THE
PLAN. SUCH ACTIONS SHALL BE COLLECTIVELY COORDINATED AND  IDENTIFIED  AS
EACH JURISDICTION'S OR WATER QUALITY MANAGEMENT AUTHORITY'S "LOCAL WATER
QUALITY PLAN".
  1.  AT  LEAST THIRTY DAYS BEFORE ADOPTION THEREOF, THE TOWN OR VILLAGE
BOARD, OR WATER QUALITY MANAGEMENT  AGENCY  SHALL  SUBMIT  ITS  PROPOSED
LOCAL WATER QUALITY PROTECTION PLAN TO THE COMMISSION FOR ITS REVIEW AND
APPROVAL.
  2.  WITHIN THIRTY DAYS OF RECEIPT OF SUCH LOCAL WATER QUALITY PLAN THE
COMMISSION SHALL REVIEW AND APPROVE SUCH PLAN, OR IF IT DOES NOT APPROVE
THEM, RETURN THEM WITH COMMENTS ON WHAT REVISIONS NEED TO BE  MADE.  FOR
EACH  JURISDICTION,  CONSISTENCY  WITH  THE  PLAN  SHALL BE DEEMED TO BE

S. 5956                             5

IMPLEMENTED UPON ADOPTION BY THE TOWN OR VILLAGE BOARD OF APPROVED  LAND
USE REGULATIONS.
  3.  THE INTERIM REGULATIONS PROVISIONS OF THIS ARTICLE SHALL REMAIN IN
EFFECT FOR EACH COUNTY, CITY, TOWN, VILLAGE OR WATER  MANAGEMENT  AGENCY
UNTIL  IT  HAS  ADOPTED  APPROVED LAND USE REGULATIONS TO CONFORM TO THE
PLAN.
  4. AFTER THE APPROVAL OF ANY COUNTY, CITY, TOWN, VILLAGE OR MANAGEMENT
AGENCY REGULATIONS THE COMMISSION SHALL PERIODICALLY REVIEW ITS APPROVAL
OF ANY COUNTY, CITY, TOWN,  VILLAGE  OR  MANAGEMENT  AGENCY  REGULATIONS
ADOPTED TO ACHIEVE CONFORMITY WITH THE STATED WATER QUALITY GOALS OF THE
PLAN.
  5.  ANY MEMBER OF THE PUBLIC OR ANY COMMISSIONER MAY ALSO PETITION THE
COMMISSION TO ASSERT ITS REVIEW AUTHORITY TO EVALUATE ANY APPROVED LOCAL
WATER QUALITY PLAN FOR CONFORMITY WITH THE STATED WATER QUALITY GOALS OF
THE PLAN.
  6. UPON A FINDING BY THE COMMISSION THAT A TOWN OR  VILLAGE  OR  WATER
MANAGEMENT ENTITY HAS CHANGED SUCH REGULATIONS IN A MANNER SUBSTANTIALLY
INCONSISTENT  WITH THE PLAN OR HAS ADMINISTERED ITS APPROVED REGULATIONS
IN A MANNER SUBSTANTIALLY INCONSISTENT WITH  THE  PLAN,  THE  COMMISSION
SHALL  WITHDRAW  APPROVAL  OF SUCH LAND USE OR WATER QUALITY REGULATIONS
AND THE PROVISIONS OF THE INTERIM REGULATIONS OF  THIS  TITLE  SHALL  BE
REINSTITUTED.
  7.  SUCH  WITHDRAWAL OF ANY APPROVED LOCAL WATER QUALITY PLAN SHALL BE
MADE NOT BEFORE FOURTEEN DAYS AFTER THE COMMISSION HOLDS A PUBLIC  HEAR-
ING  IN  THE  AFFECTED TOWN, CITY OR VILLAGE ON THE PROPOSED WITHDRAWAL.
NOTICE OF SUCH HEARING SHALL BE PUBLISHED IN A NEWSPAPER HAVING  GENERAL
CIRCULATION  IN  THE  POLITICAL JURISDICTION AFFECTED AND NOTICE OF SUCH
HEARING SHALL ALSO BE GIVEN BY REGISTERED MAIL TO THE SUPERVISOR,  MAYOR
OR WATER MANAGEMENT AGENCY.
  8.  REQUESTS  FOR LOCAL WATER QUALITY PLAN REVIEW SHALL BE MADE TO THE
COMMISSION ON FORMS AND IN SUCH MANNER AS THE PLAN AND COMMISSION  SHALL
DESIGNATE.
  9.  UPON  ANY  DECISION  TO COMMENCE A NONPERIODIC REVIEW OF ANY LOCAL
WATER QUALITY PLAN BASED ON A PETITION, THE COMMISSION MUST MAKE A DECI-
SION WITHIN ONE HUNDRED TWENTY  DAYS  OF  THE  RECEIPT  OF  A  COMPLETED
REQUEST  FOR  PLAN REVIEW APPLICATION. IF THE COMMISSION FAILS TO MAKE A
DECISION WITHIN ONE HUNDRED TWENTY DAYS, THE LOCAL  WATER  QUALITY  PLAN
SHALL  BE  AUTOMATICALLY REINSTATED BY THE COMMISSION, UNLESS THE REVIEW
IS EXTENDED BY MUTUAL AGREEMENT OF THE  MUNICIPALITY,  WATER  MANAGEMENT
AGENCY AND THE COMMISSION.
S 15-3507. STATE OF THE AQUIFER REPORT.
  THE  DEPARTMENT  SHALL  PREPARE  A TRIENNIAL REPORT FOR THE PURPOSE OF
TRACKING, EVALUATING, AND MEASURING THE  WATER  QUALITY  CONDITIONS,  AS
WELL AS THE WATER QUALITY OUTCOMES OF THE PLAN. THE STATE OF THE AQUIFER
REPORT SHALL INCLUDE:
  1. AN OVERVIEW OF THE AQUIFER RESOURCE SYSTEM ON LONG ISLAND.
  2.  A  SURVEY  OF  LONG ISLAND'S WATER SUPPLY (PUBLIC AND PRIVATE) AND
WASTEWATER INFRASTRUCTURE AND ITS CURRENT OPERATIONAL STATUS.
  3. AN ASSESSMENT OF GROUNDWATER MANAGEMENT PRINCIPLES.
  4. AN ASSESSMENT OF CURRENT CONDITIONS:
  (A) RECHARGE, PRECIPITATION, EVAPOTRANSPIRATION, DEPLETION;
  (B) WATER QUANTITY - SUPPLY DEMAND, WATER BUDGETS WHICH  DESCRIBE  THE
INPUTS AND OUTPUTS TO ANY WATER SYSTEM;
  (C) WATER QUALITY (GROUNDWATER AND SURFACE WATER);
  (D) CONTAMINANT LEVELS;
  (E) PRIORITY CONTAMINANTS OF CONCERN;

S. 5956                             6

  (F) MOVEMENT OF CONTAMINANTS:
  (I) GROUNDWATER AND SURFACE WATER;
  (II) SALTWATER INTRUSION;
  (III) MONITORING;
  (G) CURRENT REGULATORY AND MANAGEMENT ASSESSMENT:
  (I) THE PLAN;
  (II) THE DEPARTMENT;
  (III) LOCAL/STATE HEALTH AND PUBLIC WORKS AGENCIES;
  (IV) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  5. FUTURE CONDITIONS AND TRENDS:
  (A) QUANTITY;
  (B) QUALITY:
  (I) PROGRESS ON EXISTING CONTAMINANTS;
  (II) EMERGING CONTAMINANTS;
  (III) DEGRADATION PREDICTIONS;
  (IV) TREATMENT NEEDS AND TRENDS; AND
  6. RECOMMENDATIONS:
  (A) ASSESSMENT OF PLAN IMPLEMENTATION;
  (B) WATER DISTRIBUTION AND MANAGEMENT ASSESSMENT;
  (C) REGULATORY EVALUATION AND ASSESSMENT.
S 15-3509. GROUNDWATER STANDARDS.
  WITHIN  TWO  YEARS  OF  THE EFFECTIVE DATE OF THIS TITLE, FOLLOWING AT
LEAST ONE PUBLIC HEARING, THE  DEPARTMENT  SHALL  ESTABLISH  AN  AMBIENT
GROUNDWATER  STANDARD OF NO MORE THAN TWO MILLIGRAMS PER LITER OF NITRO-
GEN WHERE GROUNDWATER ENTERS SURFACE WATERS; PROVIDED HOWEVER,  THAT  IN
AREAS WITH AN AMBIENT GROUNDWATER STANDARD LOWER THAN TWO MILLIGRAMS PER
LITER OF NITROGEN NO FURTHER INCREASE IN NITROGEN WILL BE PERMITTED.
  THE  DEPARTMENT SHALL SET ADDITIONAL GROUNDWATER QUALITY TARGETS FOR A
RANGE OF WATER QUALITY INDICATORS, INCLUDING, BUT NOT LIMITED TO,  TOTAL
DISSOLVED   OXYGEN,  PATHOGENS,  TURBIDITY,  TEMPERATURE,  HYDROCARBONS,
METALS, SYNTHETICS AND BIOLOGICAL INDICATORS.
  S 4. This act shall take effect immediately.

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