§ 22a-424a — Map of anticipated sewer overflows and sewage spills. Notice of reported sewage spills and permitted sewage bypasses. Electronic reporting of sewage spill and permitted sewage bypass. Notice to municipal chief elected official, local public health official, potentially impacted downstream officials and the public. Real-time public notification system. Sewage spills annual report. Violation.

Connecticut § 22a-424a

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446k: Water Pollution Control

Text

(a) For the purposes of this section: (1) “Sewage treatment plant or collection system” means any sewage treatment plant, water pollution control facility, related pumping station, collection system or other public sewage works; (2) “Sewage spill” means the diversion of wastes from any portion of a sewage treatment plant or collection system in this state; (3) “Combined sewer” means structures which are designed to convey both sanitary and storm sewage, and allow the overflow of such combined sewage, untreated, to the waters of the state during periods of high flows; and (4) “Electronic report” means a reporting form that uses an electronic format as prescribed by the Commissioner of Energy and Environmental Protection. (b) On and after July 1, 2013, the Commissioner of Energy and Environmental Protection shall post, on the department's Internet web site, a map of the state indicating where sewage spills, anticipated combined sewer overflows and permitted sewage bypasses occur. The Internet web site shall include all information posted pursuant to subdivision (1) of subsection (c) of this section and shall be current. (c) (1) On and after July 1, 2014, not later than two hours after receipt of any report submitted pursuant to subdivision (2) of this subsection, the Commissioner of Energy and Environmental Protection shall post, on the department's Internet web site, notice of any such reported sewage spills and permitted sewage bypasses. Any notice or report posted pursuant to this subsection shall contain the following relevant information as best determined by the operator of the sewage treatment plant or collection system that filed the subject report: (A) The estimated volume or rate of discharge and, once known, the final volume discharged; (B) the level of treatment of the discharge; (C) the date and time the incident occurred; (D) the location of the discharge; (E) once known, the estimated or actual time the discharge ceased; (F) the geographic area impacted by the discharge; (G) once known, the steps taken to contain the discharge; (H) reasonable public health, safety or welfare concerns or environmental concerns; and (I) public safety precautions that should be taken. (2) On and after July 1, 2018, not later than two hours after becoming aware of any sewage spill or permitted sewage bypass, the operator of a sewage treatment plant or collection system shall submit an electronic report to the Department of Energy and Environmental Protection that includes all of the information required for any notice or report posted in accordance with the provisions of subdivision (1) of this subsection. Such report shall be updated by the operator on a daily basis for each additional day that the sewage spill or permitted sewage bypass continues after the submittal of the initial report and until such time as the sewage spill or permitted sewage bypass ceases. (3) On and after July 1, 2018, not later than two hours after becoming aware of any sewage spill or permitted sewage bypass that reaches a water body or may come in contact with the general public, the operator of a sewage treatment plant or collection system shall notify the chief elected official, or such official's designee, and the local public health official of the municipality where the sewage spill or permitted sewage bypass occurred and the chief elected official, or such official's designee, and the local public health official of any municipality that may be potentially impacted downstream by such spill or sewage bypass. As soon as practicable, but not later than two hours after receipt of any such notice pursuant to this subdivision, each such chief elected official, in conjunction with the local public health official, shall inform the public of any sewage spill or permitted sewage bypass that has the potential to impact public health, safety or the environment. Any such information provided to the public may be provided through the use of social media and shall be provided in each predominant language spoken by the residents of such municipality. (4) Not later than December 1, 2021, the Department of Energy and Environmental Protection shall implement a real-time public notification system, through which the public may choose to be notified of any sewage spills or permitted sewage bypasses as such sewage spills or permitted sewage bypasses are reported electronically to said department. Such real-time public notifications shall occur not later than two hours after said department's receipt of any such report. (5) Not later than February 1, 2022, and annually thereafter, the Department of Energy and Environmental Protection shall publish and make publicly available on the department's Internet web site an annual report that includes a summary of the sewage spills that occurred within each municipality during such year, a summary of sewage spills that reached named or identified water bodies, a summary of the total volume of each category of sewage spill and any enforcement actions taken by the department related to such sewage spills. (d) Any report to the Department of Energy and Environmental Protection that is required pursuant to section 22a-430-3 of the regulations of Connecticut state agencies shall be submitted as an electronic report. (e) The failure to file an electronic report pursuant to any provision of this section shall be deemed a violation of the provisions of this section for purposes of section 22a-438 .

Legislative History

(P.A. 12-11, S. 1; P.A. 18-97, S. 2; P.A. 21-42, S. 1.) History: P.A. 12-11 effective July 1, 2012; P.A. 18-97 amended Subsec. (a) by adding Subdiv. (4) defining “electronic report”, amended Subsec. (c) by designating existing provisions re notice of unanticipated sewage spills and waters of the state that have chronic and persistent sewage contamination as Subdiv. (1), redesignating existing Subdivs. (1) to (9) as Subparas. (A) to (I), adding Subdiv. (2) re submission of electronic report of sewage spill to the Department of Energy and Environmental Protection and adding Subdiv. (3) re notice to chief elected municipal official of sewage spill that exceeds 5,000 gallons, amended Subsec. (d) by making a conforming change, added Subsec. (e) re electronic reports pursuant to Sec. 22a-430-3 of the regulations of Connecticut state agencies, added Subsec. (f) re the failure to file electronic report as a violation, and made technical changes, effective June 7, 2018; P.A. 21-42 amended Subsec. (a)(2) by redefining “sewage spill”, amended Subsec. (b) by requiring map to indicate where sewage spills, anticipated combined sewer overflows and permitted sewage bypasses occur, deleting reference to sewer overflows occurring during storm events and provisions re information that may be included on department's Internet web site and adding requirement that web site include all information posted pursuant to Subsec. (c)(1), substantially revised Subsec. (c) re notice and report of sewage spills and permitted sewage bypasses in Subdivs. (1) to (3) and added Subdivs. (4) and (5) re real-time public notification system and annual report of sewage spills, respectively, deleted former Subsec. (d) re consulting Commissioner of Public Health concerning notice requirements and redesignated existing Subsecs. (e) and (f) as Subsecs. (d) and (e).