§ 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\n publicly owned treatment works and operators of publicly\n owned sewer systems.\n 1. Publicly owned treatment works or the operator of a publicly owned\nsewer system shall immediately, but in no case later than two hours\nafter discovery, report discharges of untreated or partially treated\nsewage, including combined sewer overflows, except partially treated\nsewage discharged directly from a publicly owned treatment works that is\nin compliance with a department approved plan or permit, to the\ndepartment and the local health department, or if there is none, the New\nYork state health department. Such report shall, at a minimum, include,\nto the extent knowable with existing systems and models:\n (a) the volume and treated state of the discharge;\n (b) the date and time of the discharge;\n (c) the expected duration of the discharge;\n (d) a brief description of the steps being taken to contain the\ndischarge except for wet weather combined sewer overflow discharges;\n (e) the location of the discharge, with the maximum level of\nspecificity possible; and\n (f) the reason for the discharge.\n 2. In addition to subdivision one of this section, as soon as\npossible, but no later than four hours from discovery of the discharge,\nthe publicly owned treatment works or the operator of a publicly owned\nsewer system shall notify the local health department or if there is\nnone, the New York state health department, the chief elected official\nor their authorized designee of the municipality in which the discharge\noccurred and the chief elected official or their authorized designee of\nany adjoining municipality that may be affected. The same notification\nshall also be provided within the same timeframe to the general public,\npursuant to regulations to be promulgated under subdivision four of this\nsection through appropriate electronic media, including, but not limited\nto, electronic mail or voice communication as determined by the\ndepartment.\n 3. The department, in consultation with the department of health,\nshall post reported information on its website expeditiously and shall\nprepare a report on publicly owned treatment works and sewer system\ndischarges annually. The report shall, at a minimum, include: the total\nnumber of discharges, details of such discharges including the volume\nand treated state of the discharge, and the duration and location of\neach discharge; as well as any remedial responses taken to mitigate\nimpacts and avoid further discharges.\n 4. The department shall promulgate rules and regulations that are\nnecessary for the implementation of this section. Such regulations as\nare necessary for the implementation of the public notification\nrequirements of subdivision two of this section shall provide only for\npublic notification of discharges that may present a threat to public\nhealth, considering the potential for exposure and other relevant\nfactors. Such regulations may also include preconditions for\nnotification of any discharge that is not subject to a permit issued\nunder this title and does not present a threat to public health,\nconsidering the potential for exposure and other relevant factors.\n