§ 1295. Notification of sewage and wastewater discharges
(a) Definitions. Notwithstanding the application of the definitions in section 1251 to the chapter
as a whole, as used in this subchapter:
(1) “Collection system” means pipelines or conduits, pumping stations, force mains, and
all other facilities used to collect or conduct sewage or stormwater, or both sewage
and stormwater.
(2) “Combined sewer overflow” means an untreated or partially treated discharge to waters
of the State from a combined sewer system outfall that results from a wet weather
storm event.
(3) “Combined sewer system” means a collection system that was designed to convey sewage
and stormwater through the same network of pipes to a treatment plant.
(4) “Dry weather flow” means flow in a sanitary sewer or combined sewer system during
periods of dry weather.
(5) “Sanitary sewer system” means a collection system that conveys sewage and groundwater
entering the collection system through inflow and infiltration to a wastewater treatment
facility.
(6) “Separate storm sewer system” means a collection system that is designed to discharge
stormwater and groundwater entering the collection system through inflow and infiltration
to surface waters.
(7) “Sewage” means domestic, commercial, and industrial wastewater conveyed by a collection
system.
(8) “Stormwater” means precipitation and snowmelt that does not infiltrate into soil,
including material dissolved or suspended in it.
(9) “Untreated discharge” means:
(A) combined sewer overflows from a wastewater treatment facility;
(B) overflows from sanitary sewers and combined sewer systems that are part of a wastewater
treatment facility during dry weather flows, which result in a discharge to waters
of the State;
(C) upsets or bypasses around or within a wastewater treatment facility during dry or
wet weather conditions that are due to factors unrelated to a wet weather storm event
and that result in a discharge of sewage that has not been fully treated to waters
of the State; and
(D) discharges from a wastewater treatment facility to separate storm sewer systems.
(10) “Wastewater treatment facility” means a treatment plant, collection system, pump station,
and attendant facilities permitted by the Secretary for the purpose of treating sewage.
(b) Public alert. An operator of a wastewater treatment facility or the operator’s delegate shall as
soon as possible, but no longer than one hour from discovery of an untreated discharge
from the wastewater treatment facility, post on a publicly accessible electronic network,
mobile application, or other electronic media designated by the Secretary an alert
informing the public of the untreated discharge and its location, except that if the
operator or his or her delegate does not have telephone or Internet service at the
location where he or she is working to control or stop the untreated discharge, the
operator or his or her delegate may delay posting the alert until the time that the
untreated discharge is controlled or stopped, provided that the alert shall be posted
no later than four hours from discovery of the untreated discharge.
(c) Agency notification.
(1) An operator of a wastewater treatment facility shall within 12 hours from discovery
of an untreated discharge from the wastewater treatment facility notify the Secretary
and the local health officer of the municipality where the facility is located of
the untreated discharge. The operator shall notify the Secretary through use of the
Department of Environmental Conservation’s online event reporting system. If, for
any reason, the online event reporting system is not operable, the operator shall
notify the Secretary via telephone or e-mail.
(2) A notification required by this subsection shall include:
(A) The specific location of each untreated discharge, including the body of water affected.
For combined sewer overflows, the specific location of each untreated discharge means
each outfall that has discharged during a wet weather storm event.
(B) Except for untreated discharges under subdivision (a)(9)(D) of this section, the date
and approximate time the untreated discharge began.
(C) The date and approximate time the untreated discharge ended. If the untreated discharge
is still ongoing at the time of reporting, the entity reporting the untreated discharge
shall amend the report with the date and approximate time the untreated discharge
ended within three business days of the untreated discharge ending.
(D) Except for untreated discharges under subdivision (a)(9)(D) of this section, the approximate
total volume of sewage and, if applicable, stormwater that was released. If the approximate
total volume is unknown at the time of reporting, the entity reporting the untreated
discharge shall amend the report with the approximate total volume within three business
days.
(E) The cause of the untreated discharge.
(F) The person reporting the untreated discharge.
(G) Any other information deemed necessary by the Secretary.
(d) Notification of additional discharges. In addition to untreated discharges posted pursuant to subsection (c) of this section,
the Secretary shall post a notification of other unpermitted discharges to waters
of the State that may pose a threat to human health or the environment and that are
identified by the Secretary. The Secretary’s notification shall include the information
required under subdivision (c)(2) of this section and shall be posted on the Secretary’s
online event reporting system no later than four hours from the discovery of an unpermitted
discharge, except that if the unpermitted discharge is discovered between the hours
of 9:00 p.m. and 5:00 a.m., the Secretary shall post the notification no later than
10:00 a.m. of that morning. The Secretary’s notification shall identify the potential
threat to the public health that may be posed by recreating in the waters where the
unpermitted discharge occurred.
(e) Signage.
(1) Each combined sewer overflow outfall shall be marked with a permanent sign that identifies
the outfall and warns of the potential threat to public health that may be posed by
recreating in the waters at the outfall or downstream of the outfall during or after
a wet weather storm event. The Secretary shall provide each municipality with a combined
sewer overflow two signs for each outfall within the municipality. A municipality
shall periodically inspect and maintain each sign marking a combined sewer overflow
outfall and shall replace a sign if it is destroyed, removed, or no longer legible.
(2)(A) A municipality shall, within its jurisdiction or other geographic area specified by
the Secretary, post temporary signs at public access areas downstream of:
(i) untreated discharges under subdivisions (a)(9)(B)-(D) of this section; and
(ii) other unpermitted discharges posted by the Secretary under subsection (d) of this
section.
(B) The signs shall warn of the potential threat to public health that may be posed by
recreating in the waters due to the untreated or unpermitted discharge. The signs
shall remain in place for 48 hours after the untreated or unpermitted discharge has
stopped. (Added 2015, No. 86 (Adj. Sess.), § 1, eff. May 4, 2016.)