§ 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.
