Sewage Pollution Right to Know Act

1. Joe DiMura, P.E. New York State Department of Environmental Conservation Sewage Pollution Right to Know Act

2. Presentation Outline • Introduction to Sewage Pollution Right to Know (SPRTK) • DEC Incident Reporting Requirements • Four major provisions of SPRTK • Issues, Questions, and Concerns • Steps taken to implement SPRTK • Future Work

3. Sewage Pollution Right to Know (SPRTK) • Went into effect on May 1, 2013 • Changed requirements for reporting partially treated or untreated sewage discharges • Publicly Owned Treatment Works (POTWs) • New reporting requirements • Publicly Owned Sewer Systems (POSSs) • Combined Sewer Overflows (CSOs) • Imposes new requirements on DEC

4. DEC Incident Reporting Requirements(Current SPDES Regulations; 6 NYCRR Part 750-2.7) • Report WWTP bypass orally to DEC within 2 hours if impacting bathing beaches, shellfish beds or drinking water supplies (principally estuarine waters in Regions 1-3) • Report bypass orally to DEC within 24 hours for others, if 2 hour reporting does not apply • Submit written bypass report to DEC within 5 days unless waived by DEC • Exempts treatment plant bypasses in accordance with a DEC approved wet weather operating plan

5. How Does DEC Receive and Process Bypass Information?(Current SPDES Regulations; 6 NYCRR Part 750-2.7) • 2/24 hour oral reports received by regional water engineer during business hours • 2/24 hour oral reports received by spill hotline during non-business hours • Entered into spills data base and uploaded to DEC web site daily • 5 day written reports submitted to the regional office. • DEC’s “Report of Non-Compliance” is recommended, but not required by the DMR manual • Paper files only • DEC and EPA do not have information management systems for bypasses/incidents

6. Sewage Pollution Right to Know (SPRTK):Two Hour Reporting to DEC/DOH • Applies to Publicly Owned Treatment Works (POTWs) and Publicly Owned Sewer Systems (POSSs) • Applies to discharges of untreated and partially treated sewage • Applies to Combined Sewer Overflows • Does not apply to partially treated combined sewage discharged from POTWs in compliance with DEC approved plan or permit • Report to DEC and local DOH (NYSDOH for counties with no DOH) immediately, but no later than 2 hours after discovery

7. Sewage Pollution Right to Know (SPRTK):Two Hour Reporting to DEC/DOH (continued) • Following 6 items to be reported to extent knowable with existing systems and models: • Volume & treated state of the discharge • Date and time of the discharge • Expected duration of the discharge • Brief description of steps taken to contain the discharge (not required for wet weather CSOs) • Location of discharge with maximum specificity possible • Reason for the Discharge

8. Sewage Pollution Right to Know (SPRTK):Four Hour Reporting to Adjoining Municipalities and General Public • In addition to “2 hour” requirements • Report as soon as possible but no later than four hours from discovery • Notify local DOH (NYSDOH for counties with no DOH) • Chief elected official or their designee of municipality where discharge occurred • Chief elected official or their designee of any adjoining municipality that may be affected • Notify general public within same timeframe pursuant to regulations under subdivision 4 (more on this later) • Via appropriate electronic media, including but not limited to e-mail or voice communication as determined by DEC

9. Sewage Pollution Right to Know (SPRTK):DEC Public Reporting Obligations • DEC to consult with NYSDOH • Post reported information expeditiously on DEC website • Publish an annual report that includes: • Total # of discharges • Details of discharges such as volume and treated state of discharges • Duration/location of that discharge • Remedial response to mitigate impacts and avoid further discharges

10. Sewage Pollution Right to Know (SPRTK):DEC Regulatory Obligations • DEC shall promulgate regulations to implement new law • Regulations necessary to implement public notification requirements shall provide: • Only for notification of discharges that may present a threat to public health considering potential for exposure/other relevant factors • May also include preconditions for notification on any discharge that is not subject to a SPDES permit and does not present a threat to public health considering potential for exposure/other relevant factors

11. DEC Issues, Questions, and Concerns • Issue #1: How to define and regulate Publicly Owned Sewer Systems (POSSs)? • Not currently in DEC regulations • DEC has no direct regulatory relationship with POSSs • Issue #2: How to implement 2 hour reporting to DEC and DOH? • All discharges of untreated/partially treated sewage must be reported to DEC/DOH within 2 hours • DEC does not have information management system for collecting sewage bypass reports • Oral reports to regional water engineer and DEC spill hotline

12. DEC Issues, Questions, and Concerns (continued) • Issue #3: How to implement 2 hour reporting for CSOs? • CSOs discharging in accordance with permit/plan are authorized bypasses • 2 hour reporting of CSOs would overwhelm DEC reporting systems (1000 CSOs x average of 60 precipitation events/year) • Law requires CSOs to report using “existing systems and models” • Majority of POTWs/POSSs do not have predictive models or monitoring equipment • DEC to presume all CSOs discharge during wet weather events

13. DEC Issues, Questions, and Concerns(continued) • Issue #4: How to implement 4 hour reporting? • 4 hour reporting to DOH is redundant with 2 hour notice • 4 hour notice should be identical to 2 hour notice to avoid inconsistent reporting • DEC goal is to have minimum and consistent electronic communication that can be used by all 660 POTWs and 440 POSSs and available to elected officials and interested public • Encourage enhanced communication by larger POTWs/POSSs; unreasonable to be achieved by smaller POTWs/POSSs

14. DEC Issues, Questions, and Concerns(continued) • Issue #5: How to define discharges that present a threat to public health? • SPDES Part 750-1.2(a)(26) – “Discharge means any addition of any pollutant to waters of the state through an outlet or point source”. • Discharges to surface water “…presents threat to public health considering the potential for exposure and other factors” • Issue #6: How to define preconditions for public notifications not subject to a permit and do not present a threat to public health? • Waive requirement during extreme storm events with higher risk to human life and property damage • Waive requirement for DEC authorized emergency work

15. What has DEC done to implement Sewage Pollution Right to Know (SPRTK)? • Collection System Survey • CSO Wet Weather Advisory Page with CSO Outfall Map • Sewage Discharge Report Form • Sewage Discharge Report Summary • SPRTK Toolbox • SPRTK Web Page • SPRTK List Serve

16. Collection System Survey • DEC conducting a survey to collect information about POSSs • Owner information • State of infrastructure • Number of overflow events • Collection system survey • POSSs will be required to register with DEC • DEC to release summary report in 2014

17. CSO Wet Weather Advisory and CSO Outfall Map • Updated CSO web pages to include additional information about CSOs: • CSO Wet Weather Advisory • What are the potential impacts of CSO discharges • What is DEC doing to identify and abate issues • Links to explanations of BMPs & LTCP • Links to more information • Google Maps of CSO outfalls • Google Earth • Google Map (recommend FireFox) • DEC will continue to make improvements through LTCP and/or permits

20. City of Lockport CSOs Outfall 018

22. Sewage Discharge Report Form • Used to report untreated/partially treated sewage discharge from Publicly Owned Treatment Works (POTWs) and Publicly Owned Sewer Systems (POSSs) • Includes 6 reportable SPRTK items • Report submitted within 2 hours of discovery • Supercedes 24 hour oral notification • Sewage Discharge Report Form • Fillable Adobe PDF document • “Submit by e-mail” automatically notifies DEC/DOH

25. Sewage Discharge Reports • Summary of information received • Based on 2 hour sewage discharge reports • Updated daily • Sewage Discharge Report web page • Downloaded as Excel spreadsheet • DEC to release annual sewage discharge summary in 2014 • Annual report of the SPDES permit program compliance and enforcement activities • Available on DEC website at: www.dec.ny.gov/docs/water_pdf/2011annualrpt.pdf

26. Sewage Pollution Right to Know (SPRTK) Toolbox • Provides information to help Publicly Owned Treatment Works (POTWs) and Publicly Owned Sewer Systems (POSSs) with SPRTK requirements • What needs to be reported • Links to sewage discharge report form and submission guidance • Answers to frequently asked questions • Links to additional information

27. Sewage Pollution Right to Know (SPRTK) List Serve • Gov Delivery • Weekly bulletins • Summary of sewage discharges received • Educational wastewater topics • Status of implementing SPRTK • Over 500 subscribers • Register through DEC website at: • https://public.govdelivery.com/accounts/NYSDEC/subscriber/new?topic_id=NYSDEC_144

28. Sewage Pollution Right to Know (SPRTK) Web Page • Developed SPRTK web page to provide information to Publicly Owned Treatment Works (POTWs), Publicly Owned Sewer Systems (POSSs) and the general public • Introduction to SPRTK • What has DEC done to implement SPRTK • Links to report form, report summary, toolbox, CSO Wet Weather Advisory, and list serve • Links to additional information • Future DEC work

29. Sewage Pollution Right to Know (SPRTK): Future DEC Work • Regulations • Updating 6 NYCRR Part 750 • Fall 2013: draft regulations released • 45 day public comment period • DEC response to comments • Winter 2014: final regulations adopted • Released in concurrence with four hour reporting requirement

30. Sewage Pollution Right to Know (SPRTK): Future DEC Work (continued) • Four hour reporting requirement • Electronic reporting and notification system • Universally accessible • NY-ALERT operated by State Office of Emergency Management (SOEM) • Hazards alert and notification system • In public domain; www.nyalert.gov/ • Free to sign-up and use • Email, phone, text, web • Infrastructure is established • Working with SOEM to identify methodologies and process for SPRTK • Authentication required • Training and marketing Working with SOEM

32. Example of Email Received from NY-Alert

33. Upcoming DEC Discharge Monitoring Report (DMR) Training • September 19, 2013 - Niagara County Fire Training Center - Lockport NY • October 17, 2013 - Monroe Co. Van Lare WWTP - Rochester NY • October 29, 2013 -Monticello Firehouse - Monticello NY • November 8, 2013 - Vischer Ferry Firehouse - Rexford NY • November 20, 2013 - Bergen Point WWTP - Babylon NY

34. Important Web Links • Sewage Pollution Right to Know web page: http://www.dec.ny.gov/chemical/90315.html • Sewage Discharge Report Form: http://www.dec.ny.gov/docs/water_pdf/bypassform.pdf • Report Form Guidance: http://www.dec.ny.gov/docs/water_pdf/bypassformhelp.pdf • Sewage Pollution Right to Know Toolbox: http://www.dec.ny.gov/chemical/90323.html • Sewage Discharge Report Summary: http://www.dec.ny.gov/chemical/90321.html • Combined Sewer Overflow (CSO) Wet Weather Advisory: http://www.dec.ny.gov/chemical/88736.html • CSO Google Maps: http://www.dec.ny.gov/pubs/42978.html#cso • Collection System Survey: http://www.dec.ny.gov/docs/water_pdf/collsyssurvey2013.pdf