S T A T E O F N E W Y O R K
________________________________________________________________________
9040--A
I N A S S E M B L Y
January 17, 2012
___________
Introduced by M. of A. JAFFEE -- read once and referred 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 and the public health
law, in relation to monitoring and notifying residents of the state of
water contamination
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 15-0107 of the environmental conservation law is
amended to read as follows:
S 15-0107. Definitions as used in this article.
1. "CHRONIC SEWAGE CONTAMINATION" MEANS WATER QUALITY THAT FAILS
APPLICABLE WATER QUALITY CRITERIA MORE THAN THIRTY PERCENT OF THE TIME
OVER A TWELVE MONTH PERIOD.
2. "COMPREHENSIVE PLANNING" AS USED IN TITLE 11 OF THIS ARTICLE SHALL
BE DEEMED TO MEAN MULTI-PURPOSE PLANNING FOR AT LEAST TWO, AND AS MANY
MORE AS MAY BE FOUND TO BE PRACTICABLE AND REASONABLE, OF THE PURPOSES
AND USES AS PROVIDED BY THIS ARTICLE OR BY ANY OTHER STATUTE, THE
PROVISIONS OF WHICH AND THE PROCEDURES AUTHORIZED THEREBY ARE TO REMAIN
IN FULL FORCE AND EFFECT.
3. "DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION, DUMPING, SPILL-
ING, LEAKING OR PLACING OF ANY SUBSTANCE SO THAT SUCH SUBSTANCE OR ANY
RELATED CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT, OR THE ABANDON-
MENT OF ANY SUBSTANCE.
4. "DISPOSAL SYSTEM" MEANS A SYSTEM FOR DISPOSING OF SEWAGE, INDUS-
TRIAL WASTE OR OTHER WASTES, AND INCLUDING SEWER SYSTEMS AND TREATMENT
WORKS.
5. "EXISTING USES" ARE THOSE USES ACTUALLY ATTAINED IN THE BODY OF
WATER ON OR AFTER NOVEMBER 28, 1975, WHETHER OR NOT THEY ARE DESIGNATED
USES.
6. "MUNICIPALITY" OR "MUNICIPAL CORPORATION" INCLUDES A COUNTY, CITY,
TOWN AND VILLAGE.
7. "Person" means any individual, firm, co-partnership, association or
corporation other than the state and a "public corporation."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13583-06-2
A. 9040--A 2
[2. "Public corporation" means "public corporation"] 8. "PRIMARY
CONTACT RECREATION" MEANS RECREATIONAL ACTIVITIES WHERE THE HUMAN BODY
MAY COME IN DIRECT CONTACT WITH RAW WATER TO THE POINT OF COMPLETE BODY
SUBMERGENCE. PRIMARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED TO,
SWIMMING, DIVING, WATER SKIING, SKIN DIVING AND SURFING.
9. "CORPORATION" MEANS A CORPORATION as defined in [subdivision one of
Section 3 of the General Corporation Law] SUBPARAGRAPH FOUR OF PARAGRAPH
(A) OF SECTION ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW and
includes all public authorities, except the [Power Authority] POWER
AUTHORITY of the [State] STATE of New York.
[3. "Municipality" or "municipal corporation" includes a county, city,
town and village.
4.] 10. "RECREATIONAL ACCESS AREAS" MEANS POINTS OF ACCESS TO WATERS
USED BY THE PUBLIC FOR PRIMARY OR SECONDARY CONTACT RECREATION ACTIV-
ITIES.
11. "RELEASE" SHALL MEAN AN OVERFLOW, SPILL, RELEASE OR DIVERSION OF
SEWAGE FROM A DISPOSAL SYSTEM TO WATERS, INCLUDING RELEASES FROM SANI-
TARY SYSTEM OVERFLOWS AND COMBINED SEWER OVERFLOWS WHICH ARE NOT OTHER-
WISE CATEGORIZED AS DISCHARGES.
12. "SECONDARY CONTACT RECREATION" MEANS RECREATIONAL ACTIVITIES WHERE
CONTACT WITH THE WATER IS MINIMAL AND WHERE INGESTION OF THE WATER IS
NOT PROBABLE. SECONDARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED
TO, FISHING AND BOATING.
13. "SEWAGE" MEANS THE WATER-CARRIED HUMAN OR ANIMAL WASTES FROM RESI-
DENCES, BUILDINGS, INDUSTRIAL ESTABLISHMENTS OR OTHER PLACES, TOGETHER
WITH SUCH GROUND WATER INFILTRATION AND SURFACE WATER AS MAY BE PRESENT.
THE ADMIXTURE WITH SEWAGE AS ABOVE DEFINED OF INDUSTRIAL WASTES OR OTHER
WASTES AS HEREAFTER DEFINED, SHALL ALSO BE CONSIDERED "SEWAGE" WITHIN
THE MEANING OF THIS ARTICLE.
14. "SEWER SYSTEM" OR "SEWERAGE SYSTEM" MEANS PIPE LINES OR CONDUITS,
PUMPING STATIONS, AND FORCE MAINS, AND ALL OTHER CONSTRUCTIONS, DEVICES,
AND APPLIANCES APPURTENANT THERETO, USED FOR CONDUCTING SEWAGE, INDUS-
TRIAL WASTE OR OTHER WASTES TO A POINT OF ULTIMATE DISPOSAL.
15. "SUPPLEMENTARY WATER QUALITY DATA" MEANS DATA COLLECTED BY OR
PROVIDED TO THE DEPARTMENT BY MUNICIPALITIES AND COUNTIES OR BY PRIVATE
CITIZENS, NON-GOVERNMENTAL ORGANIZATIONS OR EDUCATIONAL INSTITUTIONS
PURSUANT TO SUBDIVISION 4 OF SECTION 15-0319 OF THIS ARTICLE IN ORDER TO
ACHIEVE THE PURPOSES OF SUCH SECTION, IN ADDITION TO WATER QUALITY DATA
WHICH THE DEPARTMENT IS REQUIRED TO COLLECT PURSUANT TO THE FEDERAL
CLEAN WATER ACT AND/OR ARTICLE 17 OF THIS CHAPTER.
16. "TREATMENT WORKS" MEANS ANY PLANT, DISPOSAL FIELD, LAGOON, PUMPING
STATION, CONSTRUCTED DRAINAGE DITCH OR SURFACE WATER INTERCEPTING DITCH,
INCINERATOR, AREA DEVOTED TO SANITARY LAND FILLS, OR OTHER WORKS NOT
SPECIFICALLY MENTIONED HEREIN, INSTALLED FOR THE PURPOSE OF TREATING,
NEUTRALIZING, STABILIZING OR DISPOSING OF SEWAGE, INDUSTRIAL WASTE OR
OTHER WASTES.
17. "Waters" shall be construed to include lakes, bays, sounds, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuar-
ies, marshes, inlets, canals, the Atlantic ocean within the territorial
limits of the state of New York, and all other bodies of surface or
underground water, natural or artificial, inland or coastal, fresh or
salt, public or private, which are wholly or partially within or border-
ing the state or within its jurisdiction.
[5.] 18. "Water power" shall be construed to mean power developed from
falling or flowing water, and all electrical current and other forms of
energy into which such power may be transformed.
A. 9040--A 3
[6. The term "comprehensive planning" as used in title 11 of this
article shall be deemed to mean multi-purpose planning for at least two,
and as many more as may be found to be practicable and reasonable, of
the purposes and uses as provided by this article 15 or by any other
statute, the provisions of which and the procedures authorized thereby
are to remain in full force and effect.
7.] 19. Other definitions, applicable to this article, are found in
sections 15-1301, 15-1703, 15-1973 and 15-2101.
S 2. The environmental conservation law is amended by adding a new
section 15-0319 to read as follows:
S 15-0319. PUBLIC NOTIFICATION OF SEWAGE DISCHARGES AND RELEASES.
1. FOR PURPOSES OF THIS SECTION "BODY OR BODIES OF WATER" MEANS ALL
WATERS, AS DEFINED BY SUBDIVISION 17 OF SECTION 15-0107 OF THE ARTICLE,
WHICH ARE, OR COULD BE AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY
SEWAGE CONTAMINATION RESULTING FROM A DISCHARGE OR RELEASE FROM A
DISPOSAL SYSTEM AND:
(A) WHICH ARE DESIGNATED BY THE DEPARTMENT FOR PRIMARY OR SECONDARY
CONTACT RECREATION USES; OR
(B) WHERE PRIMARY OR SECONDARY RECREATION ACTIVITIES ARE EXISTING
USES; OR
(C) FROM WHICH DRINKING WATER IS WITHDRAWN.
2. THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF HEALTH OF
REPORTED SEWAGE DISCHARGES AND RELEASES FROM DISPOSAL SYSTEMS WHICH HAVE
THE POTENTIAL TO AFFECT HUMAN HEALTH IN ORDER FOR THE DEPARTMENT OF
HEALTH TO ISSUE WATER QUALITY ALERTS AS REQUIRED BY SECTION 224-C OF THE
PUBLIC HEALTH LAW.
3. IN ORDER TO ACHIEVE THE PURPOSES OF THIS SECTION AND, IN ADDITION
TO WATER QUALITY SAMPLING REQUIRED BY PARAGRAPH (H) OF SUBDIVISION 5 OF
SECTION 17-0303 OF THIS CHAPTER AND THE FEDERAL CLEAN WATER ACT, THE
DEPARTMENT SHALL MONITOR AND STUDY SEWAGE CONTAMINATION LEVELS IN BODIES
OF WATER AT RECREATIONAL ACCESS AREAS IN ORDER TO NOTIFY THE PUBLIC OF
LOCAL WATER QUALITY CONDITIONS AND, AS DATA AND DEPARTMENT RESOURCES MAY
ALLOW, TO CREATE WATER QUALITY MODELS THAT CAN PREDICT UNACCEPTABLE
LEVELS OF SEWAGE CONTAMINATION IN SUCH BODIES OF WATER. THE DEPARTMENT
SHALL UTILIZE SUPPLEMENTARY WATER QUALITY DATA PROVIDED PURSUANT TO
SUBDIVISION 4 OF THIS SECTION. THE DEPARTMENT SHALL CONDUCT COLLECTION
AND ANALYSIS OF WATER QUALITY ANNUALLY DURING THE RECREATIONAL SEASON
FROM MAY THROUGH SEPTEMBER. WATER QUALITY COLLECTION AND ANALYSIS MAY
ALSO BE PROVIDED BY COUNTY DEPARTMENTS OF HEALTH, MUNICIPALITIES OR
AGENCIES TASKED WITH MONITORING WATER CONTAMINATION, PRIVATE LABS AND/OR
NON-PROFIT OR CITIZEN GROUPS THAT PERFORM SUCH COLLECTION AND ANALYSIS
IN CONFORMANCE WITH THE STANDARDS SET FORTH IN THE NEW YORK STATE VOLUN-
TEER LAKE MONITORING PROGRAM. MUNICIPALITIES AND THEIR SUBDIVISIONS MAY
PETITION THE DEPARTMENT TO INCLUDE ADDITIONAL BODIES OF WATER TO THE
MONITORING LIST BASED ON CONSISTENT PUBLIC USE OF SUCH BODY OF WATER FOR
PRIMARY OR SECONDARY CONTACT RECREATION.
4. CITIZENS, NON-GOVERNMENTAL ORGANIZATIONS AND EDUCATIONAL INSTI-
TUTIONS, UNDER THE GUIDANCE AND DIRECTION OF THE DEPARTMENT, MAY MONITOR
WATER QUALITY TO GATHER DATA ON SEWAGE CONTAMINATION OF BODIES OF WATER
AND PROVIDE SUCH DATA TO THE DEPARTMENT AS SUPPLEMENTARY WATER QUALITY
DATA IN ORDER TO ASSIST THE DEPARTMENT WITH ACCOMPLISHING THE PURPOSES
OF THIS SECTION. SUCH MONITORING SHALL BE CONDUCTED PURSUANT TO PROTO-
COLS AND QUALITY ASSURANCE/QUALITY CONTROL REQUIREMENTS AS THE DEPART-
MENT MAY PROMULGATE BY REGULATION. SUCH SAMPLING SHALL OCCUR BETWEEN MAY
AND SEPTEMBER. SAMPLES MAY BE PROCESSED BY THE VOLUNTEERS AND FORWARDED
TO A CONTRACT CHEMISTRY LABORATORY FOR ANALYSIS. CHEMISTRY PARAMETERS
A. 9040--A 4
SHALL INCLUDE, BUT ARE NOT LIMITED TO, TESTS FOR ESCHERICHIA COLI, FECAL
COLIFORM, TOTAL COLIFORM AND ENTEROCOCCUS BACTERIA. THE COMMISSIONER
SHALL ESTABLISH AND FILL A NEW PERMANENT POSITION OF PROGRAM COORDINATOR
FOR THE MONITORING PROGRAM WITHIN THE DIVISION OF WATER. QUALITY CONTROL
CHECKS SHALL BE CARRIED OUT ON A REGULAR BASIS BY THE PROGRAM COORDINA-
TOR.
5. THE DATA RETRIEVED FROM THE STUDIES REQUIRED PURSUANT TO SUBDIVI-
SIONS 3 AND 4 OF THIS SECTION SHALL BE SHARED WITH THE DEPARTMENT OF
STATE, DEPARTMENT OF HEALTH, THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
CIL AND ANY OTHER DEPARTMENT OR AGENCY WITH AN INTEREST IN SUCH INFORMA-
TION.
6. THE DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND
THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SHALL ESTABLISH A CODING
SYSTEM FOR PUBLIC NOTIFICATION OF THE LEVELS OF SEWAGE CONTAMINATION IN
THE WATER. IN ADDITION TO THE CODED NOTIFICATION SYSTEM, ALL WATER
QUALITY DATA SHALL BE MADE AVAILABLE TO THE PUBLIC AS IT IS COLLECTED IN
AS NEAR TO REAL TIME AS POSSIBLE. WATER BODIES WHERE WATER QUALITY MONI-
TORING IS NOT CONDUCTED SHALL BE LISTED AS SUCH.
S 3. The public health law is amended by adding a new section 224-c to
read as follows:
S 224-C. WATER QUALITY INFORMATION. 1. THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL SHALL PROVIDE ONGOING UPDATES TO RESIDENTS OF THE STATE
REGARDING THE QUALITY OF WATER THROUGHOUT THE STATE USING INFORMATION
RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FROM WATER
QUALITY MONITORING AND PREDICTIVE WATER QUALITY MODELS, PURSUANT TO
SECTION 15-0319 OF THE ENVIRONMENTAL CONSERVATION LAW.
2. INFORMATION SHALL BE DISSEMINATED TO RESIDENTS OF THE STATE THROUGH
VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT'S WEBSITE.
3. THE CODING SYSTEM, ESTABLISHED BETWEEN THE DEPARTMENT, THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION, AND THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL, PURSUANT TO SECTION 15-0319 OF THE ENVIRONMENTAL
CONSERVATION LAW, SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
ALONG WITH THE WATER QUALITY SAMPLING DATA AND PREDICTIVE MODEL DATA.
4. IF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DETERMINES THAT
THERE ARE UNACCEPTABLE LEVELS OF SEWAGE CONTAMINATION, THE DEPARTMENT
SHALL DISSEMINATE WATER QUALITY ALERTS TO THE PUBLIC. WATER QUALITY
ALERTS MUST BE ISSUED AS SOON AS POSSIBLE, AND NO LATER THAN ONE HOUR
AFTER THE STATE IS NOTIFIED, IN THE EVENT OF ANY ACCIDENTAL SEWAGE
RELEASES SUCH AS SEWER COLLECTION AND CONVEYANCE COMPONENT FAILURE AND
UNPLANNED RELEASES FROM WASTEWATER TREATMENT PLANTS. THE PUBLIC MUST BE
NOTIFIED IN REAL TIME WHEN EVENTS OR CONDITIONS ARE ANTICIPATED, BASED
ON A PREDICTIVE MODEL OR PLANNED RELEASE, TO CAUSE UNACCEPTABLE WATER
QUALITY, SUCH AS HEAVY RAIN IN AN AREA WITH COMBINED SEWER OVERFLOWS OR
PLANNED WASTEWATER TREATMENT PLANT BYPASSES. THE DEPARTMENT SHALL ISSUE
ALERTS TO COMMUNICATIONS OUTLETS, INCLUDING TELEVISION AND RADIO AND
CREATE AND UTILIZE RELEVANT SOCIAL MEDIA OUTLETS TO COMMUNICATE ANY
SPECIAL ALERTS TO STATE AND LOCAL RESIDENTS. AT LOCATIONS WITH CHRONIC
SEWAGE CONTAMINATION, SUCH AS ONGOING CONTAMINATION FROM FAILING SEPTIC
SYSTEMS, SIGNS SHALL BE POSTED TO ALERT THE PUBLIC OF UNACCEPTABLE
LEVELS OF SEWAGE IN THE WATER. THE SIGNS MUST BE EASILY UNDERSTOOD BY
THE PUBLIC AND MUST BE MAINTAINED UNTIL WATER QUALITY IN THE AREA
RETURNS TO ACCEPTABLE LEVELS OF SEWAGE.
S 4. This act shall take effect on the sixtieth day after it shall
have become a law.