N.Y. Environmental Conservation Law § 17-0826-a: Mandatory sewage release reporting and notification by publicly owned treatment works and operators of publicly owned sewer systems

§ 17-0826-a. Mandatory sewage release reporting and notification by

publicly owned treatment works and operators of publicly

owned sewer systems.

1. Publicly owned treatment works or the operator of a publicly owned

sewer system shall immediately, but in no case later than two hours

after discovery, report discharges of untreated or partially treated

sewage, including combined sewer overflows, except partially treated

sewage discharged directly from a publicly owned treatment works that is

in compliance with a department approved plan or permit, to the

department and the local health department, or if there is none, the New

York state health department. Such report shall, at a minimum, include,

to the extent knowable with existing systems and models:

(a) the volume and treated state of the discharge;

(b) the date and time of the discharge;

(c) the expected duration of the discharge;

(d) a brief description of the steps being taken to contain the

discharge except for wet weather combined sewer overflow discharges;

(e) the location of the discharge, with the maximum level of

specificity possible; and

(f) the reason for the discharge.

2. In addition to subdivision one of this section, as soon as

possible, but no later than four hours from discovery of the discharge,

the publicly owned treatment works or the operator of a publicly owned

sewer system shall notify the local health department or if there is

none, the New York state health department, the chief elected official

or their authorized designee of the municipality in which the discharge

occurred and the chief elected official or their authorized designee of

any adjoining municipality that may be affected. The same notification

shall also be provided within the same timeframe to the general public,

pursuant to regulations to be promulgated under subdivision four of this

section through appropriate electronic media, including, but not limited

to, electronic mail or voice communication as determined by the

department.

3. The department, in consultation with the department of health,

shall post reported information on its website expeditiously and shall

prepare a report on publicly owned treatment works and sewer system

discharges annually. The report shall, at a minimum, include: the total

number of discharges, details of such discharges including the volume

and treated state of the discharge, and the duration and location of

each discharge; as well as any remedial responses taken to mitigate

impacts and avoid further discharges.

4. The department shall promulgate rules and regulations that are

necessary for the implementation of this section. Such regulations as

are necessary for the implementation of the public notification

requirements of subdivision two of this section shall provide only for

public notification of discharges that may present a threat to public

health, considering the potential for exposure and other relevant

factors. Such regulations may also include preconditions for

notification of any discharge that is not subject to a permit issued

under this title and does not present a threat to public health,

considering the potential for exposure and other relevant factors.