Department of Environmental Conservation

D E C banner

ENB - Statewide Notices 11/9/2016

Public Notice

Parts 750 and 621 of 6 NYCRR Rulemaking
Notice of Adoption - 6 NYCRR Parts 750 and 621

Pursuant to ECL 1-0101(3)(b), 3-0301(1)(b), 3-0301(1)(t), 3-0301(2)(m), 17-0303(3), 17-0803, 17-0804, and 17-0826-a, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Please take notice that the above referenced Notice of Adoption of Rules and associated rulemaking documents were filed with the New York State Department of State on October 20th, 2016. The full adoption notice is expected to appear in the New York State Register on November 9th, 2016. The rules will become effective upon publication of the Notice of Adoption in the New York State Register. This rulemaking implements ECL 17-0826-a, known as the Sewage Pollution Right to Know Act (SPRTK).

In accordance with SPRTK, the final rule requires owners and operators of publicly owned treatment works (POTWs) and publicly owned sewer systems (POSSs) to report untreated and partially treated sewage discharges to NYS DEC and the local health department, or if there is none, the New York State Department of Health (NYS DOH), immediately, but in no case later than two hours from discovery of the discharge. Partially treated sewage discharged directly from a POTW that is in compliance with a NYS DEC approved plan or permit does not need to be reported. The rule also requires owners and operators of POTWs and POSSs to continue reporting for each day after the initial report is made until the discharge terminates. The rule defines a POSS as "a sewer system owned by a municipality and which discharges to a POTW that is owned by another municipality." Under existing regulations that will continue, municipally-owned sewers that discharge to a POTW owned by the same municipality are considered part of the POTW and are covered by the SPDES permit for that POTW.

Current regulations (6 NYCRR 750-2.7 (b)) require POTWs and non-POTW SPDES permittees (such as privately-owned commercial or industrial facilities) to report to NYS DEC untreated and partially treated sewage discharges within two hours of discovery only if the discharge would affect a bathing area during the bathing season, shellfishing or a public drinking water intake. Those same current regulations require that POTWs and non-POTW SPDES permittees must report to NYS DEC untreated and partially treated sewage discharges impacting other areas in most instances, within 24 hours of discovery (6 NYCRR 750-2.7 (c)). Existing Part 750 regulations do not contain any reporting requirements for POSSs. The rule leaves current reporting requirements for non-POTW SPDES permittees unchanged, but now obligates POTWs and POSSs to report untreated and partially treated sewage discharges to NYS DEC and health authorities immediately, but in no case later than two hours from discovery and irrespective of the area impacted by the discharge. The rule eliminates the 24 hour reporting requirement by POTWs of those discharges that will now be covered by the new two hour reporting. Other existing 24 hour reporting obligations for POTWs that are not impacted by SPRTK are left as currently promulgated.

In addition, the rule implements new four hour notification requirements under SPRTK by obligating owners and operators of POTWs and POSSs to notify the municipality where the discharge occurred and adjoining municipalities that may be affected. This notification of untreated and partially treated sewage discharges to surface water must be made as soon as possible, but no later than four hours from discovery of the discharge. Furthermore, the rule will now require owners and operators of POTWs and POSSs to notify the general public of all untreated and partially treated sewage discharges to surface water within the same four hour timeframe. The rule also provides that "[f]or combined sewer overflows for which real-time telemetered discharge monitoring and detection does not exist, owners and operators of POTWs and POSSs must expeditiously issue advisories to the general public through appropriate electronic media as determined by the department when, based on actual rainfall data or predictive models, enough rain has fallen that combined sewer overflows may discharge." These advisories may be made on a waterbody basis rather than by individual combined sewer overflow points.

Finally, the rule obligates owners of POSSs to obtain registrations from NYS DEC (not SPDES permits, though) and notify NYS DEC of a change in ownership or operation of their facilities. Furthermore, the rule requires owners and operators of POSSs to properly operate and maintain their facilities; file five day written incident reports (as currently required for POTWs and non-POTW SPDES permittees); and allow NYS DEC to conduct inspections and copy records.

The rule obligates POTWs and POSSs to use the department approved form of electronic media to carry out two hour reporting, daily and termination reports, four hour notifications to municipalities and the general public, and combined sewer overflow advisories. The Department has determined that the rule will impact approximately 620 POTWs and 300 POSSs statewide.

The rulemaking documents can be accessed on NYS DEC's Division of Water webpage for proposed and recently adopted regulations: http://www.dec.ny.gov/regulations/39559.html.

For further information contact:

Robert J. Simson
NYS DEC - Division of Water
625 Broadway, 4th Floor
Albany, NY 12233- 3500
Phone: (518) 402-8233
E-mail: robert.simson@dec.ny.gov


Notice of Proposal To Spend Settlement Funds

The New York State Department of Environmental Conservation (NYS DEC), on behalf of the State of New York as the "Trustee" of natural resources in the state has settled a natural resource damage (NRD) claim with the Responsible Party, Consolidated Edison Company of New York, Inc., for a release of contaminants into the Bronx River on September 9, 2015. This settlement has been proposed to fund the Freshwater Oxbow Wetland Restoration in Bronx Forest Park under NYS DEC Order on Consent R2-20150929-516.

The Trustee sought this settlement as compensation for injuries to natural resources due to the release of environmental contaminants that impacted the Bronx River. The Trustee is required to use settlement funds to compensate for those injuries by restoring natural resources, supporting habitat, and/or services provided by the injured resources.

The Order on Consent provides for a $50,000 NRD settlement. These funds are proposed to be directed to the New York City Department of Parks and Recreation to expand efforts to restore a channel on the east side of an island in the Bronx River. These funds would allow the creation of an oxbow floodplain wetland of approximately 0.7 acres. The restoration funds would allow construction of a more complex natural system that is resilient to flooding through the installation of log structures (e.g., weirs, sills, deflectors, snags, etc.). These log structures would create pools and cover for aquatic species and thus enhance in-stream habitat and complexity (e.g., trap gravel, confine channel, create spawning habitat, etc.). The restoration funds would result in the planting of approximately 200 native trees and shrubs (#1 container size), and 3,214 herbaceous plants (quart container size). In addition, approximately 5 pounds of native seed mix would be applied to increase biodiversity and provide habitat for native wildlife.

Accordingly, the Trustee has prepared a Resource Restoration Project Proposal (Proposal) and is seeking comments on it.

The Proposal is available online at: www.dec.ny.gov/regulations/54189.html; it can also be viewed, by request, at NYS DEC's Central Office, 625 Broadway, Albany, NY 12233 through the contact listed below. Comments on the Proposal are due by December 9, 2016.

After the comment period on the Proposal, any comments received will be considered before issuance of a Final Plan to Spend Settlement Funds.

Comments on this Proposal to Spend Settlement Funds are due by Friday, December 9, 2016. Comments can be submitted to the contact listed below.

Contact: Patrick Foster, Esq., NYS DEC - Office of General Counsel, 625 Broadway, 14th Floor, Albany, NY 12233, Phone: (518) 402-9502, E-mail: patrick.foster@dec.ny.gov.


New York State Department of Environmental Conservation (NYS DEC) to Recognize Eight Innovative Programs Working to Sustain New York State's Natural Resources and Strengthen Its Economy

Registration Required to Attend Annual Environmental Excellence Awards Ceremony

NYS DEC will recognize eight organizations for their innovative programs and commitment to environmental sustainability, social responsibility and economic viability at NYS DEC's upcoming 13th Annual Environmental Excellence Awards ceremony. The event will take place at Union College at College Park Hall in Schenectady at 10:30 a.m. on Tuesday, November 15, 2016. Members of the public are invited to the awards ceremony, however space is limited and those wishing to attend must pre-register (link leaves NYS DEC website): http://on.ny.gov/NYSDECEEA2016. Doors will open at 10:00 a.m. for registration.

The event will showcase organizations with outstanding innovative and sustainable projects or programs that are improving and protecting New York State's environmental resources and contributing to a stronger economy. Some of this year's award recipients include a major league sports team that is reducing its environmental footprint and engaging fans in environmental stewardship, an Adirondack outdoor recreation organization that is protecting and rehabilitating the fragile alpine ecosystem of New York's highest peaks, a non-profit from the Finger Lakes Region that is transforming waste into opportunities by diverting reusable materials from landfills and a central New York university medical center that is implementing innovative sustainable programs in a clinical setting.

Union College was honored with an award in 2008 for the U-Sustain program, a campus-wide initiative that continues to reduce the college's ecological footprint, foster a sustainable campus culture and increase awareness of environmental stewardship in the community.

NYS DEC established the Environmental Excellence Award in 2004 to honor and showcase selected businesses, schools, municipalities, governments and not-for-profit organizations achieving outstanding environmental sustainability, social responsibility and economic viability. Since then, NYS DEC has recognized 72 organizations.

For more information about the awards ceremony, contact NYS DEC at: awards@dec.ny.gov or (518) 402-9167. To register for the event, go to Eventbrite website (link leaves DEC website): http://on.ny.gov/NYSDECEEA2016.

Contact: Marna A. Posluszny, NYS DEC - Division of Environmental Permits and Pollution Prevention, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, Fax: (518) 402-9168, E-mail: awards@dec.ny.gov.


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions