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A09420 Summary:

BILL NOA09420A
 
SAME ASNo same as
 
SPONSORSweeney (MS)
 
COSPNSRJaffee, 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
 
MLTSPNSRBoyland, 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 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9420A
 
SPONSOR: Sweeney (MS)
  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 adjoin- ing 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 informa- tion. Prompt notification of discharge events, including media notifica- tion, will help ensure the public has the information needed to limit recreational uses and activities such as swimming and diving. In addi- tion, shellfish harvesting activities could also be adjusted according- ly.   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 implementa- tion of this act on its effective date.
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A09420 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9420--A
                                                                Cal. No. 398
 
                   IN ASSEMBLY
 
                                    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    §  2.  The  environmental  conservation law is amended by adding a new
     4  section 17-0826-a to read as follows:

     5  § 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    §  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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