Assembly Bill A10585A

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

                                10585--A

                          I N  A S S E M B L Y

                              June 7, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of 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,  Abinanti,  Hooper, Stevenson,
  Weprin, Clark, Castelli, Boyland, Brennan, Curran, Cymbrowitz, Gabrys-
  zak, Glick, Gottfried, Jacobs, Katz, Latimer,  Lentol,  Markey,  McDo-
  nough,  McEneny,  Nolan, Paulin, Perry, Robinson, Thiele) -- read once
  and  referred  to  the  Committee  on  Environmental  Conservation  --
  reported  and  referred  to  the Committee on Rules -- Rules Committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to the Committee on Rules

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.
              

                                                           LBD16138-02-2

A. 10585--A                         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.