Bill Text: NJ A2405 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes notification, signage, and monitoring requirements related to combined sewer overflows.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-04 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A2405 Detail]
Download: New_Jersey-2016-A2405-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Establishes notification, signage, and monitoring requirements related to combined sewer overflows.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning combined sewer overflows and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Anticipated wet weather event" means a wet weather event the National Weather Service predicts as at least 50% likely to occur and which is predicted to occur at least 24 hours in advance of the wet weather event.
"Combined sewer overflow" means the discharge of untreated or partially treated stormwater runoff and wastewater from a combined sewer system into a body of water.
"Combined sewer overflow point" means a discrete point in a combined sewer system which provides for the release of a combined sewer overflow.
"Combined sewer system" means a sewer system designed to carry sanitary wastewater at all times, which is also designed to collect and transport stormwater runoff from streets and other sources, thereby serving a combined purpose.
"Department" means the Department of Environmental Protection.
"Permittee" means a person issued, by the department, a combined sewer systems general permit, or any other permit, required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) to regulate combined sewer overflows. A "permittee" includes the owner or operator of a combined sewer system.
"Recurring overflow site" means the area around a combined sewer overflow point that typically receives sufficient pathogen load in the event of a combined sewer overflow to violate any applicable State water quality standard or at a level that the Department of Health determines to be a public health concern.
"Unexpected wet weather event" means a wet weather event that is not an anticipated wet weather event.
2. a. A permittee shall report to the department a combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State as follows:
(1) Whenever an anticipated wet weather event would produce a likely combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State, the report shall be made by telephone or other means of communication acceptable to the department as soon as practicable and no later than when the overflow or discharge occurs;
(2) Whenever an unexpected wet weather event produces a combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State, the report shall be made by telephone or other means of communication acceptable to the department as soon as practicable and no later than one hour after the event occurs.
b. As soon as may be practicable and no later than 12 hours after receipt of the report to the department of a combined sewer overflow or potential discharge of raw or diluted sewage into surface waters or groundwaters of the State pursuant to subsection a. of this section, the department shall notify the public of the event by:
(1) posting a notice of the event on the department's Internet website;
(2) providing notice to the Commissioner of Health or the commissioner's designee;
(3) providing notice to local governing bodies and local parks departments that may be affected by the event; and
(4) providing notice by electronic mail to interested parties, including businesses, nonprofit organizations, and individuals who have requested to be notified by the department of such events.
c. Within five calendar days after the notification required pursuant to subsection a. of this section is made, the permittee shall submit to the department a written report on the incident, which shall include any information required pursuant to rules and regulations adopted by the department pursuant to subsection g. of this section.
d. A permittee who does not comply with the notification requirements of paragraph (2) of subsection a. of this section within 12 hours after the combined sewer overflow or discharge of raw or diluted sewage into the surface waters or groundwaters of the State shall be in violation of their combined sewer systems general permit, or any other permit, required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) issued by the department to regulate combined sewer overflows, as applicable.
e. A permittee shall provide public notice concerning any combined sewer overflow as soon as practicable, pursuant to the rules and regulations adopted pursuant to subsection g. of this section.
f. (1) The Department of Health, in consultation with the applicable local board of health and the Department of Environmental Protection, shall make all decisions and determinations as to public health issues resulting from a combined sewer overflow, and shall require public notification in response to a determination of public health concern.
(2) A permittee shall not be responsible for making public health determinations regarding combined sewer overflows.
g. The department, in consultation with the Department of Health, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the requirements of this section, including those concerning public notification and the information required to be included in an incident report.
3. a. Within 180 days after the date of enactment of this act, every permittee shall erect a clear and conspicuous sign or signs at each combined sewer overflow point. A sign required pursuant to this subsection shall clearly state: the point is designed to discharge raw sewage during and after precipitation and snow melt; the name of and contact information for the permittee; the name of and telephone number for the department; and a telephone number for reporting visible discharges from the point.
b. Within 180 days after the date of enactment of this act, the department shall: investigate all combined sewer overflow points in the State and determine the area around each combined sewer overflow point that shall be designated as a recurring overflow site, based on water quality sampling, history of direct discharge, volume and composition of overflow occurrence, and likelihood of repetitive discharge; and establish a list of those recurring overflow sites. Upon completion of the list, the department shall (1) notify a permittee if the department has listed a combined sewer overflow point in the permittee's system as a recurring overflow site, and (2) post the list on the department's Internet website.
c. A permittee who is responsible for a recurring overflow site, as determined by the department pursuant to subsection b. of this section, shall:
(1) erect a clear and conspicuous sign or signs every 100 yards at each recurring overflow site within one year after the date of enactment of this act; and
(2) conduct monitoring within the recurring overflow site and report the results of the monitoring at a frequency and in a format specified by the department pursuant to the rules and regulations adopted pursuant to subsection d. of this section.
d. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the signage and the monitoring required pursuant to subsection c. of this section. Each sign shall include information indicating that the site has been determined to be a recurring overflow site, that the discharge of untreated or partially treated stormwater runoff has previously flowed into the body of water, and that combined sewer overflows can be a threat to public health. Monitoring shall be conducted at regular intervals, including before, during, and after anticipated wet weather events and unexpected wet weather events.
4. The department shall annually compile data concerning the number of combined sewer overflows at each combined sewer overflow point and the weather conditions that produced each combined sewer overflow. By January 31 of each year, the department shall post on its Internet website a report for the preceding calendar year containing this information and any other information the department deems useful in explaining the data and the condition of the combined sewer systems and combined sewer overflow points in the State.
5. This act shall take effect immediately.
STATEMENT
This bill would establish notification requirements for combined sewer overflows (CSO), require signage at combined sewer overflow points (CSO points) and recurring overflow sites, and require monitoring at recurring overflow sites.
Under the bill, an entity issued a general permit for a combined sewer system by the Department of Environmental Protection (DEP) under the New Jersey Pollutant Discharge Elimination System (NJPDES) program pursuant to the "Water Pollution Control Act" to regulate CSOs (a "permittee") would be required to report to the DEP any CSO or any potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State. The report would be made no later than when the CSO occurs in the case of an anticipated wet weather event and within one hour after the CSO occurs in the case of an unexpected wet weather event. In addition, following this initial report, the permittee would be required to submit a written report regarding the incident to the DEP within five calendar days. If a permittee does not provide the required notice to the DEP within 12 hours after a CSO resulting from an unexpected wet weather event, the permittee would be in violation of their permit.
The bill would require the DEP, as soon as may be practicable and no later than 12 hours after receipt of a report from a permittee, to notify the public of the event by posting a notice on its website, and providing notice to the Commissioner of Health, local governing bodies and parks departments that may be affected by the event, and interested parties, including businesses, nonprofit organizations, and individuals, who requested such notification.
The DEP, in consultation with the Department of Health, would develop procedures for requiring a permittee to provide public notification of a CSO. The Department of Health, in consultation with the applicable local board of health and the DEP, would make all decisions and determinations as to public health issues resulting from a CSO; the permittee would not be responsible for making such decisions and determinations.
Within 180 days after the date of enactment of this bill into law, every permittee would be required to post a sign at each CSO point. A CSO point is defined in the bill as a discrete point in a combined sewer system which provides for the release of a combined sewer overflow. The sign would include the following: a statement that the point is designed to discharge raw sewage during and after precipitation and snow melt; the permittee's name and contact information; the name of and telephone number for the department; and a telephone number for reporting visible discharges from the CSO point.
Within 180 days after the date of enactment of this bill into law, the DEP would investigate CSO points and determine the area around each that should be designated as a recurring overflow site based on water quality sampling, history of direct discharge, volume and composition of overflow, and likelihood of repetitive discharge. The DEP would then notify each permittee with a recurring overflow site, who would then be required to install a clear and conspicuous sign or signs every 100 yards at each recurring overflow site. In addition, each permittee with a recurring overflow site would be required to conduct monitoring within the recurring overflow site and report the results of the monitoring at a frequency and in a format specified by the DEP.
Lastly, the DEP would be required to annually compile data concerning the number of CSOs at each CSO point and the weather conditions that produced each CSO. By January 31 of each year, the DEP would post on its Internet website a report for the preceding calendar year containing this information and any other information the DEP deems useful in explaining the data and the condition of the combined sewer systems and CSO points in the State.
