A09420 Summary:

BILL NO    A09420A

SAME AS    No same as 

SPONSOR    Sweeney (MS)

COSPNSR    Jaffee, Weisenberg, Colton, Lifton, Lupardo, Schimel, Zebrowski,
           Cahill, Englebright, Galef, Magnarelli, Millman, Benedetto, Castro,
           Cook, Kellner, Lavine, Linares, Miller M, Rivera P, Rivera N,
           Roberts, Rosenthal, Saladino, Ramos, Abinanti, Hooper, Stevenson,
           Weprin, Clark

MLTSPNSR   Boyland, Brennan, Curran, Cymbrowitz, Gabryszak, Glick, Gottfried,
           Jacobs, Katz, Lentol, Markey, McDonough, McEneny, Nolan, Paulin,
           Perry, Robinson, Thiele

Add S17-0826-a, En Con L

Enacts the "sewage pollution right to know act"; requires publicly owned
treatment works to report discharges of untreated or partially treated sewage.
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A09420 Votes:

A09420A04/25/2012 144/0
AbbateYCanestrYFriendYJordanYMcDonouYQuartYSimotasY
AbinantYCastellYGabryszYKatzYMcEnenyYRaYSkartadY
AmedoreYCastroERGalefYKavanagYMcKevitYRabbittYSmardzY
ArroyoYCerettoYGanttYKearnsYMcLaughYRaiaYStevensY
AubryERClarkYGibsonYKellnerYMengERRamosYSweeneyY
BarclayYColtonYGiglioYKolbYMill D YReilichYTediscoY
BarrettYConteYGlickYLancmanERMill JMYReillyYTenneyY
BarronYCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetYCorwinYGoodellYLavineYMillmanYRive N YTitoneY
BlankenYCrespoYGottfriYLentolYMontesaYRive PMYTitusY
BoylandYCrouchYGrafYLiftonYMorelleYRobertsYTobaccoY
BoyleYCurranYGuntherYLinaresYMoyaYRobinsoERWalterY
BraunstYCusickYHannaYLope PDYMurrayYRodriguYWeinsteY
BrennanYCymbrowYHawleyYLope VJYNolanYRosenthYWeisenbER
BrindisYDenDekkYHeastieYLosquadYOaksYRussellYWeprinY
BronsonYDinowitYHevesiYLupardoYO'DonneYRyanYWrightY
Brook KYDupreyYHikindYMageeYOrtizYSaladinYZebrowsY
BurlingYEnglebrYHooperYMagnareYPalmesaYSaywardYMr SpkrY
ButlerYEspinalYJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotYPeoplesYSchimelY
CalhounYFinchYJeffrieYMarkeyYPerryYSchimmiY
CamaraYFitzpatYJohnsYMayerYPretlowYSimanowY

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A09420 Memo:

BILL NUMBER:A9420A

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 S 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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A09420 Text:

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

                                        9420--A
                                                               Cal. No. 398

                                 I N  A S S E M B L Y

                                   February 29, 2012
                                      ___________

       Introduced  by  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 -- Multi-
         Sponsored by -- M. of A.  ABINANTI, BRENNAN, GABRYSZAK,  GLICK,  GOTT-
         FRIED,  McENENY,  NOLAN,  PAULIN,  ROBINSON,  THIELE  -- read once and
         referred to the Committee on Environmental  Conservation  --  reported
         from  committee,  advanced  to  a  third  reading, amended and ordered
         reprinted, retaining its place on 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:

    1    Section 1. This act shall be known and may be  cited  as  the  "sewage
    2  pollution right to know act".
    3    S  2.  The  environmental  conservation law is amended by adding a new
    4  section 17-0826-a to read as follows:
    5  S 17-0826-A. MANDATORY SEWAGE  RELEASE  REPORTING  AND  NOTIFICATION  BY
    6                 PUBLICLY OWNED TREATMENT WORKS.
    7    1.  PUBLICLY  OWNED  TREATMENT WORKS SHALL IMMEDIATELY, BUT IN NO CASE
    8  LATER THAN TWO HOURS, REPORT DISCHARGES OF UNTREATED OR PARTIALLY TREAT-
    9  ED SEWAGE, INCLUDING COMBINED SEWER OVERFLOWS, TO THE DEPARTMENT AND THE
   10  LOCAL HEALTH DEPARTMENT. SUCH REPORT SHALL, AT A MINIMUM, INCLUDE:
   11    (A) THE VOLUME AND TREATED STATE OF THE DISCHARGE;
   12    (B) THE DATE AND TIME OF THE DISCHARGE;
   13    (C) THE EXPECTED DURATION OF THE DISCHARGE TO THE EXTENT IT IS  KNOWA-
   14  BLE;
   15    (D)  A  BRIEF  DESCRIPTION  OF  THE  STEPS  BEING TAKEN TO CONTAIN THE
   16  DISCHARGE; AND
   17    (E) THE LOCATION OF THE DISCHARGE, WITH THE MAXIMUM LEVEL OF SPECIFIC-
   18  ITY POSSIBLE.
   19    2. IN ADDITION TO SUBDIVISION ONE OF THIS SECTION, AS SOON  AS  POSSI-
   20  BLE,  BUT  NO  LATER  THAN  FOUR HOURS AFTER THE DISCHARGE, THE PUBLICLY
   21  OWNED TREATMENT WORKS SHALL NOTIFY THE NEW YORK STATE HEALTH DEPARTMENT,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14865-02-2
       A. 9420--A                          2

    1  THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WHICH  THE  DISCHARGE
    2  OCCURRED  AND THE CHIEF EXECUTIVE OF ANY ADJOINING MUNICIPALITY THAT MAY
    3  BE AFFECTED. NOTIFICATION SHALL ALSO BE PROVIDED WITHIN THE  SAME  TIME-
    4  FRAME  TO  THE GENERAL PUBLIC THROUGH LOCAL NEWS OUTLETS, NEWSPAPERS AND
    5  ANY OTHER MEDIA AVAILABLE.
    6    3. THE DEPARTMENT SHALL POST REPORTED INFORMATION ON ITS WEBSITE EXPE-
    7  DITIOUSLY AND SHALL PREPARE AN ANNUAL  PUBLICLY  OWNED  TREATMENT  WORKS
    8  DISCHARGE REPORT EACH YEAR. THE REPORT SHALL, AT A MINIMUM, INCLUDE: THE
    9  TOTAL  NUMBER  OF  DISCHARGES,  DETAILS OF SUCH DISCHARGES INCLUDING THE
   10  VOLUME AND TREATED STATE OF THE DISCHARGE, AND THE DURATION AND LOCATION
   11  OF EACH DISCHARGE; AS WELL AS ANY REMEDIAL RESPONSES TAKEN  TO  MITIGATE
   12  IMPACTS AND AVOID FURTHER DISCHARGES.
   13    S  3.  This act shall take effect on January 1, 2013.  Effective imme-
   14  diately, the department of environmental conservation is  authorized  to
   15  promulgate rules and regulations necessary for the timely implementation
   16  of this act on its effective date.
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