senate Bill S6268D

Signed By Governor
2011-2012 Legislative Session

Creates the "sewage pollution right to know act"

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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

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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 - Bill Details

See Assembly Version of this Bill:
A10585A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268 - Bill Texts

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

view sponsor memo
BILL NUMBER:S6268

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to establishing
the sewage pollution right to know act

PURPOSE OR GENERAL IDEA OF BILL:
This bill would ensure that the public would be notified of raw sewage
overflows in order to protect public health.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that this act shall be known as the "sewage
pollution right to know act."

Section 2 provides legislative intent, including descriptions of what
reportable spills include as well as stating that the New York State
Department of Health and Department of Environmental Conservation
must be promptly notified in the event of a spill.

Section 3 contains definitions of "sewage treatment plant," "sewage
spill," "SPEDES permit," and "violation or exceedance." It also
directs the owner or operator of any sewage treatment plant to notify
the commissioner of any violation or exceedance who must then notify
the commissioner of health, all affected cities, towns, communities
and/or village municipalities as well as the general public within
twenty-four hours.

The notification must include the volume and treated state of the
sewage spill, the date and time of the sewage spill, the expected
duration of the sewage spill, the location and whether it is
contained, all chemicals and agents applied to absorb the sewage
spill, the material safety data sheet, any
health/safety/welfare/environmental concerns related to exposure,
information to residents as to safety precautions, method of
containment, website addresses and any other information deemed
relevant by the department of environmental conservation or the New
York state department of health.

The department of environmental conservation, in consultation with the
New York state department of health, will produce an annual report on
violations and exceedances in the prior calendar year. The report is
to include total number of violations or exceedances, details of each
to include: the volume and treated state of the respective sewage
spill, the duration, the location, any remedial responses taken to
rectify the violation or exceedance and lastly any actions taken to
mitigate impacts and avoid further violations.

Section 4 gives the severability clause.

Section 5 contains the effective date.

JUSTIFICATION:
The purpose for this legislation is to provide the public with more
information about sewage spills in a timely manner and in an
effective way.


Currently sewage spills have occurred but the public was not notified
about these overflows and have been out swimming, fishing, boating,
etc in water filled with potential life threatening bacteria, toxins,
pathogens and chemicals. Prompt notification of any sewage spills,
violations or exceedance 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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

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                    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.
                                                           LBD13941-01-2

S. 6268                             2

NON-INDIGENOUS COMPOUNDS; AND  ALL  RELATED  VIOLATIONS,  EXCURSIONS  OR
INFRACTIONS  OF  THIS CHAPTER, INITIATING PUBLIC HEALTH, SAFETY, WELFARE
OR ENVIRONMENTAL CONCERNS, TO A WATERWAY SITUATED, TOUCHING OR OTHERWISE
EXISTING WITHIN THE BOUNDARIES AND ENVIRONMENTS OF THE STATE.
  (C)  "SPDES PERMIT" SHALL MEAN A STATE POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT ISSUED PURSUANT TO THIS TITLE TO A SEWAGE TREATMENT PLANT.
  (D) "VIOLATION OR EXCEEDANCE" SHALL MEAN AND INCLUDE ANY AND ALL VISI-
BLE DEMONSTRATIVE, QUANTITATIVELY DETERMINABLE INFRACTIONS,  EXCURSIONS,
OR  OTHERWISE  MARKED  INCREASE  IN PARAMETERS MEASURED PURSUANT TO THIS
CHAPTER INCLUDING BUT NOT LIMITED TO SPDES REGULATIONS, LIMITATIONS  AND
RESTRICTIONS,  RESULTING  FROM  A  SEWAGE SPILL THAT MAY INITIATE PUBLIC
HEALTH, SAFETY, WELFARE  OR  ENVIRONMENTAL  CONCERNS  ORIGINATING  AT  A
SEWAGE  TREATMENT PLAN, WATER POLLUTION CONTROL PLANT, WASTEWATER TREAT-
MENT FACILITY, RELATED PUMPING STATION, UTILITY OR  OTHER  PUBLIC  WORKS
FACILITY.
  2. (A) THE OWNER OR OPERATOR OF ANY SEWAGE TREATMENT PLANT SHALL IMME-
DIATELY NOTIFY THE COMMISSIONER OF ANY VIOLATION OR EXCEEDANCE.
  (B) WITHIN TWENTY-FOUR HOURS OF A VIOLATION OR EXCEEDANCE, THE COMMIS-
SIONER SHALL, VIA ALL REASONABLE AND PRUDENT MEANS POSSIBLE, NOTIFY:
  (I) THE COMMISSIONER OF HEALTH OF THE STATE OF NEW YORK;
  (II)  ALL  AFFECTED  CITIES, TOWNS, COMMUNITIES AND/OR VILLAGE MUNICI-
PALITIES WHERE THE VIOLATION OR EXCEEDANCE OCCURRED; AND
  (III) THE GENERAL PUBLIC BY POSTING ELECTRONICALLY  SUCH  NOTIFICATION
ON THE DEPARTMENT'S WEBSITE.
  3.  THE MANDATORY NOTIFICATION REQUIRED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) THE VOLUME AND TREATED STATE OF THE SEWAGE SPILL;
  (B) THE DATE AND TIME OF THE SEWAGE SPILL;
  (C) THE EXPECTED DURATION OF THE SEWAGE SPILL  TO  THE  EXTENT  IT  IS
KNOWABLE AND A BRIEF DESCRIPTION OF THE STEPS BEING TAKEN TO CONTAIN IT;
  (D)  THE  LOCATION,  WITH  THE  MAXIMUM  SPECIFICITY THAT IS PRUDENTLY
POSSIBLE, OF THE LOCATION OF THE SEWAGE SPILL, INCLUDING WHETHER  IT  IS
CONTAINED  WITHIN THE SEWAGE TREATMENT PLANT, HAS ESCAPED INTO SURROUND-
ING NEIGHBORHOODS OR THE ENVIRONMENT;
  (E) ALL CHEMICALS AND AGENTS APPLIED TO ABSORB THE SEWAGE SPILL;
  (F) THE MATERIAL SAFETY DATA SHEET FOR SUCH CHEMICALS OR AGENTS POSTED
ON THE NEW YORK STATE DEPARTMENT OF HEALTH WEBSITE;
  (G) ANY HEALTH, SAFETY, WELFARE OR ENVIRONMENTAL CONCERNS RELATING  TO
THE SEWAGE SPILL OR EXPOSURE THERETO INVOLVED IN THE SEWAGE SPILL;
  (H) INFORMATION TO RESIDENTS AS TO SAFETY PRECAUTIONS;
  (I) THE METHOD OF CONTAINMENT, IF ANY;
  (J)  THE  WEBSITE  ADDRESSES  OF THE DEPARTMENT AND THE NEW YORK STATE
DEPARTMENT OF HEALTH; AND
  (K) ANY OTHER INFORMATION DEEMED RELEVANT BY THE DEPARTMENT OR THE NEW
YORK STATE DEPARTMENT OF HEALTH.
  4. THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE  DEPARTMENT
OF  HEALTH, SHALL PRODUCE AN ANNUAL REPORT ON VIOLATIONS AND EXCEEDANCES
IN THE PRIOR CALENDAR YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO:
  (A) THE TOTAL NUMBER OF VIOLATIONS OR  EXCEEDANCES  AND  WHETHER  SUCH
VIOLATIONS OR EXCEEDANCES HAVE BEEN RECTIFIED;
  (B) DETAILS OF EACH VIOLATION OR EXCEEDANCE, INCLUDING, BUT NOT LIMIT-
ED TO:
  (I) THE VOLUME AND TREATED STATE OF THE RESPECTIVE SEWAGE SPILL;
  (II) THE DURATION OF SUCH VIOLATION OR EXCEEDANCE;
  (III) THE LOCATION OF SUCH VIOLATION OR EXCEEDANCE;

S. 6268                             3

  (IV)  ANY  REMEDIAL RESPONSES TAKEN TO RECTIFY THE VIOLATION OR EXCEE-
DANCE; AND
  (V) ANY ACTIONS TAKEN TO MITIGATE IMPACTS AND AVOID FURTHER VIOLATIONS
OR EXCEEDANCES AT THE SITE.
  S  4. Severability.   If any clause, sentence, paragraph, subdivision,
section, or part of this act or the application thereof to  any  person,
individual,  corporation,  firm,  partnership,  entity,  or circumstance
shall be adjudged by any court of competent jurisdiction to  be  invalid
or unconstitutional, such order or judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to  the  clause,  sentence,  paragraph, subdivision, section, or part of
this act, or in its application to the person, individual,  corporation,
firm,  partnership,  entity,  or  circumstance  directly involved in the
controversy in which such order or judgement shall be rendered.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

Co-Sponsors

view additional co-sponsors

S6268A - Bill Details

See Assembly Version of this Bill:
A10585A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268A - Bill Texts

view summary

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

view 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.

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                    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.

Co-Sponsors

view additional co-sponsors

S6268B - Bill Details

See Assembly Version of this Bill:
A10585A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6268B REVISED 05/23/12

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:
Section 1 cites this act as the "sewage pollution right to know act."

Section 2 amends the environmental conservation law by adding a new
section 17-0826-a requiring publicly owned treatment works (POTW) or
the permittee to immediately, but in no case later than 2 hours,
report discharges of untreated or partially treated sewage, including
combined sewer overflows (CSO) , except partially treated POTW
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 minimum, include, to the extent knowable with existing
systems and models:

* the volume and treated state of the discharge;

* the date and time of the discharge;

* the expected duration of the discharge;

* a brief description of the steps taken to contain the discharge
except for wet weather combined sewer overflow discharges;

* the location of the discharge, with the maximum specificity
possible; and

* the reason for the discharge.

Subdivision 2 provides that as soon as possible, but no later than
four hours after the discharge, the POTW or permittee shall notify
the local health department or if there is none, the New York state
health department, the chief elected official or their authorized
designee of the municipality in which the discharge occurred and the
chief elected official or their authorized designee of any adjoining
municipality that may be affected. The same notification shall also
be provided within the same timeframe to the general public, pursuant
to regulations to be promulgated by the department through
appropriate media as determined by the department.

Subdivision 3 provides that the department shall post reported
information on its website expeditiously and prepare an annual report.

Subdivision 4 provides that the department shall promulgate rules and
regulations necessary for the implementation of this section. The
department in consultation with the department of health shall


further promulgate health-based rules and regulations to provide for
notification in any situation that may present a threat to public
health. These regulations shall authorize POTWs or permittees to
consider input from a local health agency so long as that input is
based on objective criteria.

Section 3 provides that a municipality may, but shall not be required
to, expend additional local funds to implement the provisions of this
act.

Section 4 provides the effective date.

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:
New bill.

FISCAL IMPLICATIONS:
None to New York State or to municipalities.

EFFECTIVE DATE:
This act shall take effect January 1, 2013. Effective
immediately, the Department of Environmental Conservation is
authorized to promulgate rules and regulations, as authorized by
subdivision 4 of section 17-0826-a of the environmental conservation
law as added by section 2 of this act, necessary for the timely
implementation of this act on its effective date.

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                    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
                      [ ] is old law to be omitted.
                                                           LBD13941-04-2

S. 6268--B                          2

  (F) THE REASON FOR THE DISCHARGE.
  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 OR PERMITTEE SHALL NOTIFY THE LOCAL HEALTH DEPART-
MENT  OR  IF  THERE  IS  NONE, THE NEW YORK STATE HEALTH DEPARTMENT, THE
CHIEF ELECTED OFFICIAL OR THEIR AUTHORIZED DESIGNEE OF THE  MUNICIPALITY
IN  WHICH THE DISCHARGE OCCURRED AND THE CHIEF ELECTED OFFICIAL OR THEIR
AUTHORIZED DESIGNEE OF ANY ADJOINING MUNICIPALITY THAT MAY BE  AFFECTED.
THE  SAME  NOTIFICATION SHALL ALSO BE PROVIDED WITHIN THE SAME TIMEFRAME
TO THE GENERAL PUBLIC, PURSUANT TO REGULATIONS TO BE  PROMULGATED  UNDER
SUBDIVISION FOUR OF THIS SECTION THROUGH APPROPRIATE MEDIA AS DETERMINED
BY THE DEPARTMENT.
  3. THE DEPARTMENT SHALL POST REPORTED INFORMATION ON ITS WEBSITE EXPE-
DITIOUSLY  AND SHALL PREPARE AN ANNUAL PUBLICLY OWNED TREATMENT WORKS OR
PERMITTEE 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  DURA-
TION  AND  LOCATION OF EACH DISCHARGE; AS WELL AS ANY REMEDIAL RESPONSES
TAKEN TO MITIGATE IMPACTS AND AVOID FURTHER DISCHARGES.
  4.  THE DEPARTMENT SHALL PROMULGATE RULES  AND  REGULATIONS  NECESSARY
FOR  THE  IMPLEMENTATION OF THIS SECTION.  PURSUANT TO THE PROVISIONS OF
THIS SECTION, THE DEPARTMENT IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
HEALTH,  SHALL  FURTHER PROMULGATE HEALTH-BASED RULES AND REGULATIONS TO
PROVIDE FOR NOTIFICATION IN ANY SITUATION THAT MAY PRESENT A  THREAT  TO
PUBLIC  HEALTH.  THESE REGULATIONS SHALL AUTHORIZE PUBLICLY OWNED TREAT-
MENT WORKS OR PERMITTEES TO CONSIDER INPUT FROM A LOCAL HEALTH AGENCY SO
LONG AS THAT INPUT IS BASED ON OBJECTIVE CRITERIA.
  S 3.  A municipality may, but shall not be required to,  expend  addi-
tional local funds to implement the provisions of this act.
  S  4.    This  act shall take effect January 1, 2013.  Effective imme-
diately, the department of environmental conservation is  authorized  to
promulgate  rules  and  regulations,  as  authorized by subdivision 4 of
section 17-0826-a of the environmental  conservation  law  as  added  by
section two of this act, necessary for the timely implementation of this
act on its effective date.

Co-Sponsors

view additional co-sponsors

S6268C - Bill Details

See Assembly Version of this Bill:
A10585A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268C - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6268C

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:
Section 1 cites this act as the "sewage pollution right to know act."

Section 2 amends the environmental conservation law by adding a new
section 11-0826-a requiring publicly owned treatment works (POTW) or
the operator of a publicly owned sewer system to immediately, hut in
no case later than 2 hours, report discharges of untreated or
partially treated sewage, including combined sewer overflows (CSO),
except partially treated sewage discharged directly from a POTW 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 minimum,
include, to the extent knowable with. existing systems and models:

* the volume and treated state of the discharge;

* the date and time of the discharge;

* the expected duration of the discharge;

* a brief description of the steps taken to contain the discharge
except for wet weather combined sewer overflow discharges;

* the location of the discharge, with the maximum specificity
possible; and

* the reason for the discharge.

Subdivision 2 provides that as soon as possible, but no later than
four hours after the discharge, the POTW or operator of a publicly
owned sewer system shall notify the local health department or if
there is none, the New York state health department, the chief
elected official or their authorized designee of the municipality in
which the discharge occurred and the chief elected official or their
authorized designee of any adjoining municipality that may be
affected. "The same notification shall also be provided within the
same timeframe to the general public, pursuant to regulations to be
promulgated by the department through appropriate media as determined
by the department.

Subdivision 3 provides that the department shall post reported
information on its website expeditiously and prepare an annual report.

Subdivision 4 provides that the department shall promulgate rules and
regulations necessary for the implementation of this section. The


department in consultation with the department of health shall
further promulgate health-based rules and regulations to provide for
notification in any situation that may present a threat to public
health. These regulations shall authorize POTWs or operator of a
publicly owned sewer system to consider input from a local health
agency so long as that input is based on objective criteria.

Section 3 provides that a municipality may, but shall not be required
to, expend additional local funds to implement the provisions of this
act.

Section 4 provides the effective date.

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:
New bill.

FISCAL IMPLICATIONS:
None to New York State or to municipalities.

EFFECTIVE DATE:
This act shall take effect January 1, 2013. Effective
immediately, the Department of Environmental Conservation is
authorized to promulgate rules and regulations, as authorized by
subdivision 4 of section 17-0826-a of the environmental conservation
law as added by section 2 of this act, necessary for the timely
implementation of this act on its effective date.

view full text
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                    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
                      [ ] is old law to be omitted.
                                                           LBD13941-05-2

S. 6268--C                          2

  (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
  (F) THE REASON FOR THE DISCHARGE.
  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 OR THE OPERATOR OF A PUBLICLY OWNED SEWER SYSTEM
SHALL NOTIFY THE LOCAL HEALTH DEPARTMENT OR IF THERE IS  NONE,  THE  NEW
YORK  STATE  HEALTH  DEPARTMENT,  THE  CHIEF  ELECTED  OFFICIAL OR THEIR
AUTHORIZED DESIGNEE OF THE MUNICIPALITY IN WHICH THE DISCHARGE  OCCURRED
AND  THE  CHIEF  ELECTED  OFFICIAL  OR  THEIR AUTHORIZED DESIGNEE OF ANY
ADJOINING MUNICIPALITY THAT MAY BE AFFECTED. THE SAME NOTIFICATION SHALL
ALSO BE PROVIDED WITHIN THE SAME TIMEFRAME TO THE GENERAL PUBLIC, PURSU-
ANT TO REGULATIONS TO BE PROMULGATED  UNDER  SUBDIVISION  FOUR  OF  THIS
SECTION THROUGH APPROPRIATE MEDIA AS DETERMINED BY THE DEPARTMENT.
  3. THE DEPARTMENT SHALL POST REPORTED INFORMATION ON ITS WEBSITE EXPE-
DITIOUSLY  AND  SHALL PREPARE A REPORT ON PUBLICLY OWNED TREATMENT WORKS
AND SEWER SYSTEM DISCHARGES ANNUALLY. 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  DURA-
TION  AND  LOCATION OF EACH DISCHARGE; AS WELL AS ANY REMEDIAL RESPONSES
TAKEN TO MITIGATE IMPACTS AND AVOID FURTHER DISCHARGES.
  4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE IMPLEMENTATION OF THIS SECTION.  PURSUANT TO THE PROVISIONS OF  THIS
SECTION,  THE  DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
SHALL FURTHER PROMULGATE HEALTH-BASED RULES AND REGULATIONS  TO  PROVIDE
FOR  NOTIFICATION  IN  ANY SITUATION THAT MAY PRESENT A THREAT TO PUBLIC
HEALTH. THESE REGULATIONS SHALL AUTHORIZE PUBLICLY OWNED TREATMENT WORKS
OR THE OPERATOR OF A PUBLICLY OWNED SEWER SYSTEM TO CONSIDER INPUT  FROM
A LOCAL HEALTH AGENCY SO LONG AS THAT INPUT IS BASED ON OBJECTIVE CRITE-
RIA.
  S  3.  A  municipality may, but shall not be required to, expend addi-
tional local funds to implement the provisions of this act.
  S 4. This act shall take effect May 1, 2013.   Effective  immediately,
the department of environmental conservation is authorized to promulgate
rules  and  regulations,  as  authorized  by  subdivision  4  of section
17-0826-a of the environmental conservation law as added by section  two
of  this act, necessary for the timely implementation of this act on its
effective date.

Co-Sponsors

view additional co-sponsors

S6268D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10585A
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-0826-a, En Con L

S6268D (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6268D

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) or the operator of a publicly
owned sewer system to:

o immediately, but in no case later than two hours after discovery,
report discharges of untreated or partially treated sewage and
combined sewer overflows, to the Department of Environmental
Conservation (DEC) and the local health department, such report shall
at a minimum include to the extent knowable, and with existing
systems and models:

* 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;
* the location, with the maximum specificity possible; and,
* the reason for the discharge

o as soon as possible, but no later than four hours from discovery of
the discharge, notify the local 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 to the general public;

* DEC to post reported information on its website expeditiously;
* DEC to prepare an annual POTW discharge report each year; and
* DEC to prepare rules and regulations to provide for notification in
situations that may present a threat to public health.

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, fishing activities could also be adjusted
accordingly.

This legislation would increase the amount of information available to
the general public and would not impose a financial burden on
municipalities.

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 May 1, 2013.

view full 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
                      [ ] is old law to be omitted.
                                                           LBD13941-06-2

S. 6268--D                          2

  (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
  (F) THE REASON FOR THE DISCHARGE.
  2. IN ADDITION TO SUBDIVISION ONE OF THIS SECTION, AS SOON  AS  POSSI-
BLE,  BUT  NO LATER THAN FOUR HOURS FROM DISCOVERY OF THE DISCHARGE, THE
PUBLICLY OWNED TREATMENT WORKS OR THE OPERATOR OF A PUBLICLY OWNED SEWER
SYSTEM SHALL NOTIFY THE LOCAL HEALTH DEPARTMENT OR IF THERE IS NONE, THE
NEW YORK STATE HEALTH DEPARTMENT, THE CHIEF ELECTED  OFFICIAL  OR  THEIR
AUTHORIZED  DESIGNEE OF THE MUNICIPALITY IN WHICH THE DISCHARGE OCCURRED
AND THE CHIEF ELECTED OFFICIAL  OR  THEIR  AUTHORIZED  DESIGNEE  OF  ANY
ADJOINING MUNICIPALITY THAT MAY BE AFFECTED. THE SAME NOTIFICATION SHALL
ALSO BE PROVIDED WITHIN THE SAME TIMEFRAME TO THE GENERAL PUBLIC, PURSU-
ANT  TO  REGULATIONS  TO  BE  PROMULGATED UNDER SUBDIVISION FOUR OF THIS
SECTION THROUGH APPROPRIATE ELECTRONIC MEDIA, INCLUDING, BUT NOT LIMITED
TO, ELECTRONIC MAIL OR VOICE COMMUNICATION AS DETERMINED BY THE  DEPART-
MENT.
  3.  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH,
SHALL POST REPORTED INFORMATION ON ITS WEBSITE EXPEDITIOUSLY  AND  SHALL
PREPARE  A  REPORT  ON  PUBLICLY  OWNED TREATMENT WORKS AND SEWER SYSTEM
DISCHARGES ANNUALLY. 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.
  4. THE DEPARTMENT SHALL PROMULGATE  RULES  AND  REGULATIONS  THAT  ARE
NECESSARY  FOR  THE IMPLEMENTATION OF THIS SECTION.  SUCH REGULATIONS AS
ARE NECESSARY FOR THE IMPLEMENTATION OF THE PUBLIC NOTIFICATION REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION SHALL PROVIDE ONLY  FOR  PUBLIC
NOTIFICATION  OF  DISCHARGES THAT MAY PRESENT A THREAT TO PUBLIC HEALTH,
CONSIDERING THE POTENTIAL FOR EXPOSURE AND OTHER RELEVANT FACTORS.  SUCH
REGULATIONS  MAY  ALSO  INCLUDE  PRECONDITIONS  FOR  NOTIFICATION OF ANY
DISCHARGE THAT IS NOT SUBJECT TO A PERMIT ISSUED UNDER  THIS  TITLE  AND
DOES  NOT  PRESENT  A THREAT TO PUBLIC HEALTH, CONSIDERING THE POTENTIAL
FOR EXPOSURE AND OTHER RELEVANT FACTORS.
  S 3. This act shall take effect May 1, 2013.   Effective  immediately,
the department of environmental conservation is authorized to promulgate
rules  and  regulations,  as  authorized  by  subdivision  4  of section
17-0826-a of the environmental conservation law as added by section  two
of  this act, necessary for the timely implementation of this act on its
effective date.

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