[Adopted 9-13-2012 by L.L. No. 57-2012]
A.
This Legislature hereby finds and determines that Suffolk County's
sole source of drinking water comes from its underground aquifer.
This Legislature also finds and determines that the County is committed
to protecting and preserving its groundwater and surface waters to
ensure that residents have safe, clean water. This Legislature further
finds and determines that surface waters and groundwaters are vulnerable
to contamination from the discharge of untreated or partially treated
sewage and wastewater. This Legislature finds that exposure to sewage
contaminated water can cause bacteria-borne illnesses, such as pink
eye, gastroenteritis, skin rashes, respiratory infections and infection
of exposed cuts or wounds. Children, the elderly and individuals with
compromised immune systems are at increased risk of developing such
illnesses from exposure to contaminated water.
B.
This Legislature determines that there are 23 municipal sewage treatment
plants and over 180 privately owned sewage treatment plants in Suffolk
County. All sewage treatment plants in Suffolk County are subject
to inspection by the County Department of Health Services. This Legislature
further finds that there is no law requiring operators of private
sewage treatment plants to notify the public when they discharge untreated
or partially treated sewage occurrences at their plants. This Legislature
also determines that, to ensure public awareness of sewage contamination,
the Department of Health Services should be notified by sewage treatment
plant operators when untreated or partially treated sewage is discharged
from the plant, and the Department should post notifications of such
incidents on its website.
C.
Therefore, the purpose of this article is to require private sewage
treatment plants to report to the Department of Health Services the
discharge of untreated or partially treated sewage and to require
the Department of Health Services to notify appropriate elected officials
of such incidents and post reports of same online.
A.
The operator of any private sewage treatment plant located in the
County of Suffolk must report to the Department of Health Services
any discharge from its plant of untreated or partially treated sewage
within four hours of the occurrence and shall provide the following
information to the Department:
(1)
The specific location of the discharge;
(2)
The volume and treated state of the discharge;
(3)
The date and time of the discharge;
(4)
The expected duration of the discharge, to the extent known;
(5)
A description of the steps being taken to contain the discharge and
the steps which will be taken to remediate any associated environmental
damage, if applicable; and
(6)
The reason for the discharge.
B.
The reporting sewage treatment plant shall also provide updated information
regarding containment of the discharge and remediation of associated
environmental damage, if applicable, to the Department of Health Services
in a timely manner until the discharge is fully contained and remediated.
A.
Within 12 hours of receiving a report of sewage discharge, the Department
of Health Services shall notify the County Executive, the County Legislator
representing the district in which the discharge occurred and the
Town Supervisor or Village Mayor of the town or village in which the
discharge occurred.
[Amended 3-22-2016 by L.L. No. 8-2016]
B.
Within 24 hours of receiving a report of sewage discharge, the Department
of Health Services shall post on its website a public notification
of same.
Violation of § 840-10 of this article shall be subject to a civil penalty of up to $1,000 for every day that a discharge goes unreported. A civil penalty shall only be assessed by the Commissioner of the Department of Health Services following a hearing and opportunity of an alleged violator to be heard.
The Department of Health Services shall promulgate all rules
and regulations necessary for the implementation of this article within
60 days of its filing in the Office of the Secretary of State. All
such rules and regulations shall be subject to the approval of the
County Legislature.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 60th day immediately subsequent
to its filing in the Office of the Secretary of State.
