2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 8 - State Pollutant Discharge Elimination System › 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
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.