S T A T E O F N E W Y O R K
________________________________________________________________________
9420--A
Cal. No. 398
I N A S S E M B L Y
February 29, 2012
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Introduced by M. of A. SWEENEY, JAFFEE, WEISENBERG, COLTON, LIFTON,
LUPARDO, SCHIMEL, ZEBROWSKI, CAHILL, ENGLEBRIGHT, GALEF, MAGNARELLI,
MILLMAN, BENEDETTO, CASTRO, COOK, KELLNER, LAVINE, LINARES, M. MILLER,
P. RIVERA, N. RIVERA, ROBERTS, ROSENTHAL, SALADINO, RAMOS -- Multi-
Sponsored by -- M. of A. ABINANTI, BRENNAN, GABRYSZAK, GLICK, GOTT-
FRIED, McENENY, NOLAN, PAULIN, ROBINSON, THIELE -- read once and
referred to the Committee on Environmental Conservation -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on 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.
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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14865-02-2
A. 9420--A 2
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-
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.