Add Art 15 Title 32 §§15-3201 - 15-3205, amd §§3-0315 & 17-0813, En Con L
Relates to reporting on the presence of water contaminants in groundwater and surface waters; requires the department of environmental conservation to promulgate a list of water contaminants for which sampling and reporting shall be required.
STATE OF NEW YORK
________________________________________________________________________
7625
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
reporting on the presence of water contaminants in groundwater and
surface waters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 15 of the environmental conservation law is amended
2 by adding a new title 32 to read as follows:
3 TITLE 32
4 WATER QUALITY REPORTING
5 Section 15-3201. Definitions.
6 15-3203. List of water contaminants.
7 15-3205. Water quality sampling and reporting.
8 § 15-3201. Definitions.
9 For purposes of this title:
10 1. "facility" means all buildings, equipment, structures, and other
11 stationary items located on a single site or adjacent sites and owned or
12 operated by the same person or entity, that involves the manufacture or
13 process of water contaminants but shall not include a farm operation as
14 defined in section three hundred one of the agriculture and markets law.
15 2. "manufacture" means to produce, prepare, import or compound a water
16 contaminant.
17 3. "process" means the preparation of a water contaminant, after its
18 manufacture, for distribution in commerce in the same form or physical
19 state as, or in a different form or physical state from, that in which
20 it was received at a facility, or as part of an article or substance
21 containing the water contaminant.
22 4. "water contaminant" means a substance included in the list promul-
23 gated by the department pursuant to section 15-3203 of this title.
24 § 15-3203. List of water contaminants.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11360-03-9
A. 7625 2
1 1. The department shall promulgate a list of water contaminants for
2 which sampling and reporting is required by this title. Such list shall
3 include, at a minimum:
4 (a) substances on the list of "extremely hazardous substances" promul-
5 gated pursuant to the federal Emergency Planning and Community Right-to-
6 Know Act, 42 USC § 11002(a)(2);
7 (b) "toxic chemicals" as defined in subdivision six of section 37-0301
8 of this chapter;
9 (c) emerging contaminants pursuant to section eleven hundred twelve of
10 the public health law;
11 (d) substances for which the department of health has established a
12 maximum contaminant level under the authority of the federal Safe Drink-
13 ing Water Act;
14 (e) substances hazardous or acutely hazardous to public health estab-
15 lished by the department pursuant to article thirty-seven of this chap-
16 ter; and
17 (f) pesticides required to be registered pursuant to article thirty-
18 three of this chapter.
19 2. The department shall update its list of water contaminants at least
20 annually to reflect updates of, and amendments to, the lists, publica-
21 tions and statutes described in this section.
22 3. No later than January first, two thousand twenty-one, the commis-
23 sioner shall promulgate regulations establishing reporting levels for
24 water contaminants provided that for any emerging contaminant listed
25 pursuant to paragraph (c) of subdivision one of this section any report-
26 ing level established pursuant to this subdivision shall be equal to or
27 lower than any state notification or federal lifetime health advisory
28 level.
29 § 15-3205. Water quality sampling and reporting.
30 1. Beginning June first, two thousand twenty-one, and annually there-
31 after, any permit holder pursuant to section 17-0817 of this chapter
32 that discharges industrial waste as defined in section 17-0105 of this
33 chapter and manufactures or processes a reportable quantity of a listed
34 water contaminant shall conduct sampling and analysis by a laboratory,
35 certified by the department of health pursuant to section five hundred
36 two of the public health law, of surface waters and groundwater at the
37 downgradient boundary of such facility to determine the presence of any
38 water contaminants and report the results of any such testing in a
39 manner prescribed by the department, which shall at a minimum include a
40 publicly available electronic format, with information searchable by zip
41 code.
42 2. Beginning January first, two thousand twenty-four, each owner or
43 operator of a facility that manufactures, or processes a reportable
44 quantity of a listed water contaminant, as defined in this title, shall
45 conduct sampling and analysis annually, by a laboratory certified by the
46 department of health pursuant to section five hundred two of the public
47 health law, of surface waters and groundwater at the downgradient bound-
48 ary of such facility and report the results of any such testing in a
49 manner prescribed by the department, which shall at a minimum include a
50 publicly available electronic format, with information searchable by zip
51 code.
52 3. The department shall by regulation establish standards and proce-
53 dures for such sampling and analysis, and uniform means for such elec-
54 tronic reporting.
A. 7625 3
1 § 2. Subdivision 1 of section 3-0315 of the environmental conservation
2 law, as amended by section 12 of part T of chapter 57 of the laws of
3 2017, is amended to read as follows:
4 1. The department in conjunction with the commissioner of health shall
5 create and maintain a geographic information system, and associated data
6 storage and analytical systems for purposes of collecting, streamlining,
7 and visualizing integrated data, permits, and relevant sites about
8 drinking water quality including, but not limited to, incorporating
9 supply well and monitoring well data, emerging contaminant data, water
10 quality monitoring data, water quality reporting data pursuant to title
11 thirty-two of article fifteen of this chapter including physical address
12 and zip code, pertinent data from remediation and landfill sites,
13 permitted discharge locations and other potential contamination risks to
14 water supplies. Such system shall also incorporate information from the
15 source water assessment program collected by the department of health,
16 data from annual water supply statements prepared pursuant to section
17 eleven hundred fifty-one of the public health law, information from the
18 database pursuant to title fourteen of article twenty-seven of this
19 chapter, and any other existing data regarding soil and groundwater
20 contamination currently gathered by the department, as well as data on
21 contamination that is readily available from the United States geologi-
22 cal survey and other sources determined appropriate by the department.
23 In addition to facilitating interagency coordination and predictive
24 analysis to protect water quality, such system shall provide state agen-
25 cy information to the public through a website, within reasonable limi-
26 tations to ensure confidentiality and security.
27 § 3. Section 17-0813 of the environmental conservation law is amended
28 by adding a new subdivision 6 to read as follows:
29 6. water quality reporting requirements pursuant to title thirty-two
30 of article fifteen of this chapter.
31 § 4. This act shall take effect one year after it shall have become a
32 law. Effective immediately the addition, amendment and/or repeal of any
33 rule or regulation necessary for the implementation of this act on its
34 effective date are authorized to be made and completed on or before such
35 effective date.
