Bill Text: NJ S831 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes notification signage, and monitoring requirements related to combined sewer overflows.*
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Enrolled - Dead) 2014-01-21 - Pocket Veto - Bills not Acted on by Governor-end of Session [S831 Detail]
Download: New_Jersey-2012-S831-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Establishes notification requirements for combined sewer overflows.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning combined sewer overflows and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Combined sewer overflow" means the discharge of untreated or partially treated stormwater runoff and wastewater from a combined sewer system into a body of water.
"Combined sewer system" means a sewer system designed to carry sanitary wastewater at all times, which is also designed to collect and transport stormwater runoff from streets and other sources, thereby serving a combined purpose.
"Department" means the Department of Environmental Protection.
"Permittee" means a person issued, by the department, a combined sewer systems general permit, or any other general permit, required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) to regulate combined sewer overflows. A "permittee" includes the owner or operator of a combined sewer system.
2. a. A permittee shall report to the department any combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State.
(1) The report shall be made by telephone or other means acceptable to the department as soon as practicable and no later than 24 hours after the time that the permittee became aware of the event.
(2) Within 24 hours after receipt of the report to the department of a combined sewer overflow or potential discharge of raw or diluted sewage into surface waters or groundwaters of the State pursuant to paragraph (1) of this subsection, the department shall notify the public of the event by broadcasting a public service announcement on a radio or television station and publishing a notice in at least one newspaper of general circulation, in the area affected by the event, and by posting a notice of the event on the department's Internet website.
(3) Within five calendar days after the notification required pursuant to paragraph (1) of this subsection is made, the permittee shall submit to the department a written report on the incident, which shall include any information required pursuant to rules and regulations adopted by the department pursuant to subsection d. of this section.
b. A permittee shall provide public notice concerning any combined sewer overflow as soon as practicable, pursuant to the rules and regulations adopted pursuant to subsection d. of this section.
c. (1) The Department of Health and Senior Services, in consultation with the applicable local board of health and the Department of Environmental Protection, shall make all decisions and determinations as to public health issues resulting from a combined sewer overflow, and shall require public notification in response to a determination of public health concern.
(2) A permittee shall not be responsible for making public health determinations regarding combined sewer overflows.
d. The department, in consultation with the Department of Health and Senior Services, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the requirements of this section, including those concerning public notification and the information required to be included in an incident report.
3. a. Within 180 days after the date of enactment of this act, the department shall: investigate all combined sewer overflow sites in the State and determine which sites shall be designated as recurring overflow sites, based on history of direct discharge, volume and composition of overflow occurrence, and likelihood of repetitive discharge; and establish a list of those recurring overflow sites. Upon completion of the list, the department shall notify a permittee if the department has listed a combined sewer overflow site in the permittee's system as a recurring overflow site, and shall post the list on the department's Internet website.
b. A permittee who is responsible for a recurring overflow site, as determined by the department pursuant to subsection a. of this section, shall erect a clear and conspicuous sign or signs at each recurring overflow site within one year after the date of enactment of this act.
c. The department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning the signage required pursuant to subsection b. of this section. Each sign shall include information indicating that the site has been determined to be a recurring overflow site, that the discharge of untreated or partially treated stormwater runoff has previously flowed into the body of water, and that combined sewer overflows can be a threat to public health.
4. This act shall take effect immediately.
STATEMENT
This bill would help address pollution caused by combined sewer overflows (CSO) by establishing overflow notification requirements and requiring signage at recurring overflow sites.
An entity issued a general permit for a combined sewer system by the Department of Environmental Protection (DEP) under the New Jersey Pollutant Discharge Elimination System (NJPDES) program pursuant to the "Water Pollution Control Act" to regulate CSOs (a "permittee") would be required to report to the DEP any CSO or any potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State. The report would be made no later than 24 hours after the time that the permittee became aware of the event, and, following the initial report, a written report regarding the incident would be required within five calendar days. The bill would also require the DEP, within 24 hours after receipt of the report from the permittee of a combined sewer overflow or potential discharge of raw or diluted sewage, to notify the public of the event by broadcasting a public service announcement on a radio or television station and publishing a notice in at least one newspaper of general circulation, in the area affected by the event, and by posting a notice of the event on the DEP's website.
The DEP, in cooperation with the Department of Health and Senior Services (DHSS) and local boards of health, would develop procedures for requiring a permittee to provide public notification of a CSO. The DHSS, in consultation with the applicable local board of health and the DEP, would make all decisions and determinations as to public health issues resulting from a CSO; the permittee would not be responsible for making such decisions and determinations.
Within 180 days after the date of enactment of this bill into law, the DEP would investigate CSO locations and establish a list of recurring overflow sites based on history of direct discharge, volume and composition of overflow, and likelihood of repetitive discharge, upon which the DEP would notify each permittee with a recurring overflow site, who would then be required to install a clear and conspicuous sign or signs at each such site.
In some areas of the State, older pipes carry both stormwater and sewage to a treatment plant and these combined pipes fill quickly to capacity when it rains. The combined pipes were designed to allow for sewage to overflow into the water so as to prevent sewage backup in the pipes from spilling into homes and basements. However, sewage overflowing into a waterway presents a threat to public health since no public notice of combined sewer overflows is required under current law. Antiquated combined pipes could be repaired or improved and green infrastructure could be utilized to abate or prevent the damage and health risks of these severe overflows. Notification and signage would further provide awareness to residents, including those who boat and fish in these waterways, that sewage is flowing into the water and that their health may be at risk.
