Creates the "sewage pollution right to know act"

20 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Greg Ball
• Martin Malavé Dilan
• Thomas K. Duane
• Adriano Espaillat
• Charles J. Fuschillo Jr.
• Martin J. Golden
• Ruth Hassell-Thompson
• Jeffrey D. Klein
• Liz Krueger
• Kenneth P. LaValle
• Jack M. Martins
• Velmanette Montgomery
• Thomas F. O'Mara
• Suzi Oppenheimer
• Kevin S. Parker
• Diane J. Savino
• José M. Serrano
• Andrea Stewart-Cousins

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.