Bill Text: NY S05915 | 2011-2012 | General Assembly | Amended
Bill Title: Requires monitoring by DEC of water contamination throughout the state and notification to residents of the state of such contamination by the department of health and the public health and health planning council; provides that the department of health shall disseminate special alerts to the public through television, radio and social media outlets where DEC determines unacceptable levels of water contamination.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-27 - PRINT NUMBER 5915C [S05915 Detail]
Download: New_York-2011-S05915-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5915--C
2011-2012 Regular Sessions
I N S E N A T E
October 26, 2011
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Environmental
Conservation in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law and the public health
law, in relation to monitoring and notifying residents of the state of
water contamination
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 15-0107 of the environmental conservation law is
2 amended to read as follows:
3 S 15-0107. Definitions as used in this article.
4 1. "CHRONIC SEWAGE CONTAMINATION" MEANS WATER QUALITY THAT FAILS
5 APPLICABLE WATER QUALITY CRITERIA MORE THAN THIRTY PERCENT OF THE TIME
6 OVER A TWELVE MONTH PERIOD.
7 2. "COMPREHENSIVE PLANNING" AS USED IN TITLE 11 OF THIS ARTICLE SHALL
8 BE DEEMED TO MEAN MULTI-PURPOSE PLANNING FOR AT LEAST TWO, AND AS MANY
9 MORE AS MAY BE FOUND TO BE PRACTICABLE AND REASONABLE, OF THE PURPOSES
10 AND USES AS PROVIDED BY THIS ARTICLE OR BY ANY OTHER STATUTE, THE
11 PROVISIONS OF WHICH AND THE PROCEDURES AUTHORIZED THEREBY ARE TO REMAIN
12 IN FULL FORCE AND EFFECT.
13 3. "DISPOSAL" MEANS THE DISCHARGE, DEPOSIT, INJECTION, DUMPING, SPILL-
14 ING, LEAKING OR PLACING OF ANY SUBSTANCE SO THAT SUCH SUBSTANCE OR ANY
15 RELATED CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT, OR THE ABANDON-
16 MENT OF ANY SUBSTANCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13583-05-2
S. 5915--C 2
1 4. "DISPOSAL SYSTEM" MEANS A SYSTEM FOR DISPOSING OF SEWAGE, INDUS-
2 TRIAL WASTE OR OTHER WASTES, AND INCLUDING SEWER SYSTEMS AND TREATMENT
3 WORKS.
4 5. "EXISTING USES" ARE THOSE USES ACTUALLY ATTAINED IN THE BODY OF
5 WATER ON OR AFTER NOVEMBER 28, 1975, WHETHER OR NOT THEY ARE DESIGNATED
6 USES.
7 6. "MUNICIPALITY" OR "MUNICIPAL CORPORATION" INCLUDES A COUNTY, CITY,
8 TOWN AND VILLAGE.
9 7. "Person" means any individual, firm, co-partnership, association or
10 corporation other than the state and a "public corporation."
11 [2. "Public corporation" means "public corporation"] 8. "PRIMARY
12 CONTACT RECREATION" MEANS RECREATIONAL ACTIVITIES WHERE THE HUMAN BODY
13 MAY COME IN DIRECT CONTACT WITH RAW WATER TO THE POINT OF COMPLETE BODY
14 SUBMERGENCE. PRIMARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED TO,
15 SWIMMING, DIVING, WATER SKIING, SKIN DIVING AND SURFING.
16 9. "CORPORATION" MEANS A CORPORATION as defined in [subdivision one of
17 Section 3 of the General Corporation Law] SUBPARAGRAPH FOUR OF PARAGRAPH
18 (A) OF SECTION ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW and
19 includes all public authorities, except the [Power Authority] POWER
20 AUTHORITY of the [State] STATE of New York.
21 [3. "Municipality" or "municipal corporation" includes a county, city,
22 town and village.
23 4.] 10. "RECREATIONAL ACCESS AREAS" MEANS POINTS OF ACCESS TO WATERS
24 USED BY THE PUBLIC FOR PRIMARY OR SECONDARY CONTACT RECREATION ACTIV-
25 ITIES.
26 11. "RELEASE" SHALL MEAN AN OVERFLOW, SPILL, RELEASE OR DIVERSION OF
27 SEWAGE FROM A DISPOSAL SYSTEM TO WATERS, INCLUDING RELEASES FROM SANI-
28 TARY SYSTEM OVERFLOWS AND COMBINED SEWER OVERFLOWS WHICH ARE NOT OTHER-
29 WISE CATEGORIZED AS DISCHARGES.
30 12. "SECONDARY CONTACT RECREATION" MEANS RECREATIONAL ACTIVITIES WHERE
31 CONTACT WITH THE WATER IS MINIMAL AND WHERE INGESTION OF THE WATER IS
32 NOT PROBABLE. SECONDARY CONTACT RECREATION INCLUDES, BUT IS NOT LIMITED
33 TO, FISHING AND BOATING.
34 13. "SEWAGE" MEANS THE WATER-CARRIED HUMAN OR ANIMAL WASTES FROM RESI-
35 DENCES, BUILDINGS, INDUSTRIAL ESTABLISHMENTS OR OTHER PLACES, TOGETHER
36 WITH SUCH GROUND WATER INFILTRATION AND SURFACE WATER AS MAY BE PRESENT.
37 THE ADMIXTURE WITH SEWAGE AS ABOVE DEFINED OF INDUSTRIAL WASTES OR OTHER
38 WASTES AS HEREAFTER DEFINED, SHALL ALSO BE CONSIDERED "SEWAGE" WITHIN
39 THE MEANING OF THIS ARTICLE.
40 14. "SEWER SYSTEM" OR "SEWERAGE SYSTEM" MEANS PIPE LINES OR CONDUITS,
41 PUMPING STATIONS, AND FORCE MAINS, AND ALL OTHER CONSTRUCTIONS, DEVICES,
42 AND APPLIANCES APPURTENANT THERETO, USED FOR CONDUCTING SEWAGE, INDUS-
43 TRIAL WASTE OR OTHER WASTES TO A POINT OF ULTIMATE DISPOSAL.
44 15. "SUPPLEMENTARY WATER QUALITY DATA" MEANS DATA COLLECTED BY OR
45 PROVIDED TO THE DEPARTMENT BY MUNICIPALITIES AND COUNTIES OR BY PRIVATE
46 CITIZENS, NON-GOVERNMENTAL ORGANIZATIONS OR EDUCATIONAL INSTITUTIONS
47 PURSUANT TO SUBDIVISION 4 OF SECTION 15-0319 OF THIS ARTICLE IN ORDER TO
48 ACHIEVE THE PURPOSES OF SUCH SECTION, IN ADDITION TO WATER QUALITY DATA
49 WHICH THE DEPARTMENT IS REQUIRED TO COLLECT PURSUANT TO THE FEDERAL
50 CLEAN WATER ACT AND/OR ARTICLE 17 OF THIS CHAPTER.
51 16. "TREATMENT WORKS" MEANS ANY PLANT, DISPOSAL FIELD, LAGOON, PUMPING
52 STATION, CONSTRUCTED DRAINAGE DITCH OR SURFACE WATER INTERCEPTING DITCH,
53 INCINERATOR, AREA DEVOTED TO SANITARY LAND FILLS, OR OTHER WORKS NOT
54 SPECIFICALLY MENTIONED HEREIN, INSTALLED FOR THE PURPOSE OF TREATING,
55 NEUTRALIZING, STABILIZING OR DISPOSING OF SEWAGE, INDUSTRIAL WASTE OR
56 OTHER WASTES.
S. 5915--C 3
1 17. "Waters" shall be construed to include lakes, bays, sounds, ponds,
2 impounding reservoirs, springs, wells, rivers, streams, creeks, estuar-
3 ies, marshes, inlets, canals, the Atlantic ocean within the territorial
4 limits of the state of New York, and all other bodies of surface or
5 underground water, natural or artificial, inland or coastal, fresh or
6 salt, public or private, which are wholly or partially within or border-
7 ing the state or within its jurisdiction.
8 [5.] 18. "Water power" shall be construed to mean power developed from
9 falling or flowing water, and all electrical current and other forms of
10 energy into which such power may be transformed.
11 [6. The term "comprehensive planning" as used in title 11 of this
12 article shall be deemed to mean multi-purpose planning for at least two,
13 and as many more as may be found to be practicable and reasonable, of
14 the purposes and uses as provided by this article 15 or by any other
15 statute, the provisions of which and the procedures authorized thereby
16 are to remain in full force and effect.
17 7.] 19. Other definitions, applicable to this article, are found in
18 sections 15-1301, 15-1703, 15-1973 and 15-2101.
19 S 2. The environmental conservation law is amended by adding a new
20 section 15-0319 to read as follows:
21 S 15-0319. PUBLIC NOTIFICATION OF SEWAGE DISCHARGES AND RELEASES.
22 1. FOR PURPOSES OF THIS SECTION "BODY OR BODIES OF WATER" MEANS ALL
23 WATERS, AS DEFINED BY SUBDIVISION 17 OF SECTION 15-0107 OF THE ARTICLE,
24 WHICH ARE, OR COULD BE AFFECTED, EITHER DIRECTLY OR INDIRECTLY, BY
25 SEWAGE CONTAMINATION RESULTING FROM A DISCHARGE OR RELEASE FROM A
26 DISPOSAL SYSTEM AND:
27 (A) WHICH ARE DESIGNATED BY THE DEPARTMENT FOR PRIMARY OR SECONDARY
28 CONTACT RECREATION USES; OR
29 (B) WHERE PRIMARY OR SECONDARY RECREATION ACTIVITIES ARE EXISTING
30 USES; OR
31 (C) FROM WHICH DRINKING WATER IS WITHDRAWN.
32 2. THE DEPARTMENT SHALL IMMEDIATELY NOTIFY THE DEPARTMENT OF HEALTH OF
33 REPORTED SEWAGE DISCHARGES AND RELEASES FROM DISPOSAL SYSTEMS WHICH HAVE
34 THE POTENTIAL TO AFFECT HUMAN HEALTH IN ORDER FOR THE DEPARTMENT OF
35 HEALTH TO ISSUE WATER QUALITY ALERTS AS REQUIRED BY SECTION 224-C OF THE
36 PUBLIC HEALTH LAW.
37 3. IN ORDER TO ACHIEVE THE PURPOSES OF THIS SECTION AND, IN ADDITION
38 TO WATER QUALITY SAMPLING REQUIRED BY PARAGRAPH (H) OF SUBDIVISION 5 OF
39 SECTION 17-0303 OF THIS CHAPTER AND THE FEDERAL CLEAN WATER ACT, THE
40 DEPARTMENT SHALL MONITOR AND STUDY SEWAGE CONTAMINATION LEVELS IN BODIES
41 OF WATER AT RECREATIONAL ACCESS AREAS IN ORDER TO NOTIFY THE PUBLIC OF
42 LOCAL WATER QUALITY CONDITIONS AND, AS DATA AND DEPARTMENT RESOURCES MAY
43 ALLOW, TO CREATE WATER QUALITY MODELS THAT CAN PREDICT UNACCEPTABLE
44 LEVELS OF SEWAGE CONTAMINATION IN SUCH BODIES OF WATER. THE DEPARTMENT
45 SHALL UTILIZE SUPPLEMENTARY WATER QUALITY DATA PROVIDED PURSUANT TO
46 SUBDIVISION 4 OF THIS SECTION. THE DEPARTMENT SHALL CONDUCT COLLECTION
47 AND ANALYSIS OF WATER QUALITY ANNUALLY DURING THE RECREATIONAL SEASON
48 FROM MAY THROUGH SEPTEMBER. WATER QUALITY COLLECTION AND ANALYSIS MAY
49 ALSO BE PROVIDED BY COUNTY DEPARTMENTS OF HEALTH, MUNICIPALITIES OR
50 AGENCIES TASKED WITH MONITORING WATER CONTAMINATION, PRIVATE LABS AND/OR
51 NON-PROFIT OR CITIZEN GROUPS THAT PERFORM SUCH COLLECTION AND ANALYSIS
52 IN CONFORMANCE WITH THE STANDARDS SET FORTH IN THE NEW YORK STATE VOLUN-
53 TEER LAKE MONITORING PROGRAM. MUNICIPALITIES AND THEIR SUBDIVISIONS MAY
54 PETITION THE DEPARTMENT TO INCLUDE ADDITIONAL BODIES OF WATER TO THE
55 MONITORING LIST BASED ON CONSISTENT PUBLIC USE OF SUCH BODY OF WATER FOR
56 PRIMARY OR SECONDARY CONTACT RECREATION.
S. 5915--C 4
1 4. CITIZENS, NON-GOVERNMENTAL ORGANIZATIONS AND EDUCATIONAL INSTI-
2 TUTIONS, UNDER THE GUIDANCE AND DIRECTION OF THE DEPARTMENT, MAY MONITOR
3 WATER QUALITY TO GATHER DATA ON SEWAGE CONTAMINATION OF BODIES OF WATER
4 AND PROVIDE SUCH DATA TO THE DEPARTMENT AS SUPPLEMENTARY WATER QUALITY
5 DATA IN ORDER TO ASSIST THE DEPARTMENT WITH ACCOMPLISHING THE PURPOSES
6 OF THIS SECTION. SUCH MONITORING SHALL BE CONDUCTED PURSUANT TO PROTO-
7 COLS AND QUALITY ASSURANCE/QUALITY CONTROL REQUIREMENTS AS THE DEPART-
8 MENT MAY PROMULGATE BY REGULATION. SUCH SAMPLING SHALL OCCUR BETWEEN MAY
9 AND SEPTEMBER. SAMPLES MAY BE PROCESSED BY THE VOLUNTEERS AND FORWARDED
10 TO A CONTRACT CHEMISTRY LABORATORY FOR ANALYSIS. CHEMISTRY PARAMETERS
11 SHALL INCLUDE, BUT ARE NOT LIMITED TO, TESTS FOR ESCHERICHIA COLI, FECAL
12 COLIFORM, TOTAL COLIFORM AND ENTEROCOCCUS BACTERIA. THE COMMISSIONER
13 SHALL ESTABLISH AND FILL A NEW PERMANENT POSITION OF PROGRAM COORDINATOR
14 FOR THE MONITORING PROGRAM WITHIN THE DIVISION OF WATER. QUALITY CONTROL
15 CHECKS SHALL BE CARRIED OUT ON A REGULAR BASIS BY THE PROGRAM COORDINA-
16 TOR.
17 5. THE DATA RETRIEVED FROM THE STUDIES REQUIRED PURSUANT TO SUBDIVI-
18 SIONS 3 AND 4 OF THIS SECTION SHALL BE SHARED WITH THE DEPARTMENT OF
19 STATE, DEPARTMENT OF HEALTH, THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
20 CIL AND ANY OTHER DEPARTMENT OR AGENCY WITH AN INTEREST IN SUCH INFORMA-
21 TION.
22 6. THE DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND
23 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SHALL ESTABLISH A CODING
24 SYSTEM FOR PUBLIC NOTIFICATION OF THE LEVELS OF SEWAGE CONTAMINATION IN
25 THE WATER. IN ADDITION TO THE CODED NOTIFICATION SYSTEM, ALL WATER
26 QUALITY DATA SHALL BE MADE AVAILABLE TO THE PUBLIC AS IT IS COLLECTED IN
27 AS NEAR TO REAL TIME AS POSSIBLE. WATER BODIES WHERE WATER QUALITY MONI-
28 TORING IS NOT CONDUCTED SHALL BE LISTED AS SUCH.
29 S 3. The public health law is amended by adding a new section 224-c to
30 read as follows:
31 S 224-C. WATER QUALITY INFORMATION. 1. THE PUBLIC HEALTH AND HEALTH
32 PLANNING COUNCIL SHALL PROVIDE ONGOING UPDATES TO RESIDENTS OF THE STATE
33 REGARDING THE QUALITY OF WATER THROUGHOUT THE STATE USING INFORMATION
34 RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FROM WATER
35 QUALITY MONITORING AND PREDICTIVE WATER QUALITY MODELS, PURSUANT TO
36 SECTION 15-0319 OF THE ENVIRONMENTAL CONSERVATION LAW.
37 2. INFORMATION SHALL BE DISSEMINATED TO RESIDENTS OF THE STATE THROUGH
38 VARIOUS METHODS, INCLUDING BUT NOT LIMITED TO THE DEPARTMENT'S WEBSITE.
39 3. THE CODING SYSTEM, ESTABLISHED BETWEEN THE DEPARTMENT, THE DEPART-
40 MENT OF ENVIRONMENTAL CONSERVATION, AND THE PUBLIC HEALTH AND HEALTH
41 PLANNING COUNCIL, PURSUANT TO SECTION 15-0319 OF THE ENVIRONMENTAL
42 CONSERVATION LAW, SHALL BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE,
43 ALONG WITH THE WATER QUALITY SAMPLING DATA AND PREDICTIVE MODEL DATA.
44 4. IF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DETERMINES THAT
45 THERE ARE UNACCEPTABLE LEVELS OF SEWAGE CONTAMINATION, THE DEPARTMENT
46 SHALL DISSEMINATE WATER QUALITY ALERTS TO THE PUBLIC. WATER QUALITY
47 ALERTS MUST BE ISSUED AS SOON AS POSSIBLE, AND NO LATER THAN ONE HOUR
48 AFTER THE STATE IS NOTIFIED, IN THE EVENT OF ANY ACCIDENTAL SEWAGE
49 RELEASES SUCH AS SEWER COLLECTION AND CONVEYANCE COMPONENT FAILURE AND
50 UNPLANNED RELEASES FROM WASTEWATER TREATMENT PLANTS. THE PUBLIC MUST BE
51 NOTIFIED IN REAL TIME WHEN EVENTS OR CONDITIONS ARE ANTICIPATED, BASED
52 ON A PREDICTIVE MODEL OR PLANNED RELEASE, TO CAUSE UNACCEPTABLE WATER
53 QUALITY, SUCH AS HEAVY RAIN IN AN AREA WITH COMBINED SEWER OVERFLOWS OR
54 PLANNED WASTEWATER TREATMENT PLANT BYPASSES. THE DEPARTMENT SHALL ISSUE
55 ALERTS TO COMMUNICATIONS OUTLETS, INCLUDING TELEVISION AND RADIO AND
56 CREATE AND UTILIZE RELEVANT SOCIAL MEDIA OUTLETS TO COMMUNICATE ANY
S. 5915--C 5
1 SPECIAL ALERTS TO STATE AND LOCAL RESIDENTS. AT LOCATIONS WITH CHRONIC
2 SEWAGE CONTAMINATION, SUCH AS ONGOING CONTAMINATION FROM FAILING SEPTIC
3 SYSTEMS, SIGNS SHALL BE POSTED TO ALERT THE PUBLIC OF UNACCEPTABLE
4 LEVELS OF SEWAGE IN THE WATER. THE SIGNS MUST BE EASILY UNDERSTOOD BY
5 THE PUBLIC AND MUST BE MAINTAINED UNTIL WATER QUALITY IN THE AREA
6 RETURNS TO ACCEPTABLE LEVELS OF SEWAGE.
7 S 4. This act shall take effect on the sixtieth day after it shall
8 have become a law.
