senate Bill S6268A

Signed By Governor
2011-2012 Legislative Session

Creates the "sewage pollution right to know act"

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10585 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 09, 2012 signed chap.368
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.594
substituted for s6268d
Jun 21, 2012 substituted by a10585a
Jun 18, 2012 amended on third reading 6268d
May 31, 2012 amended on third reading 6268c
May 23, 2012 amended on third reading 6268b
May 01, 2012 advanced to third reading
Apr 30, 2012 2nd report cal.
Apr 26, 2012 1st report cal.594
Apr 02, 2012 print number 6268a
amend (t) and recommit to environmental conservation
Jan 18, 2012 referred to environmental conservation

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S6268 - Details

See Assembly Version of this Bill:
A9420A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268 - Summary

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

S6268 - Sponsor Memo

S6268 - Bill Text download pdf

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

                                  6268

                            I N  S E N A T E

                            January 18, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing 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. Short title. This act shall be known and may  be  cited  as
the "sewage pollution right to know act".
  S  2.  Legislative  intent.    Spills or discharges of: sewage; waste;
substandard effluent or wastewater; contaminants and pollutants; sludge;
suspended and settable solids; chemicals such as ammonia  and  chlorine;
excessive  nutrients,  pathogens,  bacteria  or  toxins such as mercury;
non-indigenous compounds; and any related violations  or  exceedance  of
presiding  environmental  law all raise public health, safety, and envi-
ronmental concerns. Prompt notification of  such  events  will  initiate
proactive  and  preventative  measures  to  alert the public of all such
concerns that may affect waterway uses and activities including but  not
limited  to  risks  to commercial and recreational fishing and shellfish
harvesting, as well as recreational uses such as  swimming,  diving  and
water skiing.
  The New York State Department of Health and the New York State Depart-
ment  of Environmental Conservation (DEC) shall be notified so necessary
remedial action by the DEC may be reviewed and implemented.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 17-0826-a to read as follows:
S 17-0826-A. SEWAGE POLLUTION MANDATORY NOTIFICATION.
  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "SEWAGE TREATMENT PLANT" SHALL MEAN ANY  SEWAGE  TREATMENT  PLANT,
WATER POLLUTION CONTROL PLANT, RELATED PUMPING STATION, UTILITY OR OTHER
PUBLIC WORKS FACILITY.
  (B)  "SEWAGE  SPILL"  SHALL  MEAN ANY DISCHARGE OF: WASTE; SUBSTANDARD
EFFLUENT OR WASTEWATER; CONTAMINANTS OR  POLLUTANTS;  SLUDGE,  SUSPENDED
AND  SETTABLE  SOLIDS;  AND  CHEMICALS,  NUTRIENTS,  PATHOGENS,  TOXINS,

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

Co-Sponsors

view additional co-sponsors

S6268A - Details

See Assembly Version of this Bill:
A9420A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268A - Summary

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

S6268A - Sponsor Memo

S6268A - Bill Text download pdf

                    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

Co-Sponsors

view additional co-sponsors

S6268B - Details

See Assembly Version of this Bill:
A9420A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268B - Summary

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

S6268B - Sponsor Memo

S6268B - Bill Text download pdf

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

                                 6268--B
    Cal. No. 594

                            I N  S E N A T E

                            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

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 OR PERMITTEE.
  1.  PUBLICLY OWNED TREATMENT WORKS OR THE PERMITTEE 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 PUBLICLY OWNED TREATMENT WORKS  EFFLUENT  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;
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S6268C - Details

See Assembly Version of this Bill:
A9420A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268C - Summary

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

S6268C - Sponsor Memo

S6268C - Bill Text download pdf

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

                                 6268--C
    Cal. No. 594

                            I N  S E N A T E

                            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

Co-Sponsors

view additional co-sponsors

S6268D (ACTIVE) - Details

See Assembly Version of this Bill:
A9420A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268D (ACTIVE) - Summary

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

S6268D (ACTIVE) - Sponsor Memo

S6268D (ACTIVE) - Bill Text download pdf

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

                                 6268--D
    Cal. No. 594

                            I N  S E N A T E

                            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,    SAVINO,    SERRANO,
  STEWART-COUSINS -- read twice and ordered printed, and when printed to
  be committed to the Committee on Environmental Conservation -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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  --  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
AFTER  DISCOVERY,  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 DEPART-
MENT 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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