SENATE, No. 831
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Senators Beck, Greenstein and Assemblyman Eustace
Establishes notification, signage, and monitoring requirements related to combined sewer overflows.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on May 13, 2013, with amendments.
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:
2“Anticipated wet weather event” means a wet weather event the National Weather Service predicts as at least 50% likely to occur and which is predicted to occur at least 24 hours in advance of the wet weather event.2
“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.
2“Combined sewer overflow point” means a discrete point in a combined sewer system which provides for the release of a combined sewer overflow.2
“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 2[general]2 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“Recurring overflow site” means the area around a combined sewer overflow point that typically receives sufficient pathogen load in the event of a combined sewer overflow to violate any applicable State water quality standard or at a level that the Department of Health determines to be a public health concern.
“Unexpected wet weather event” means a wet weather event that is not an anticipated wet weather event.2
2. a. A permittee shall report to the department 2[any] a2 combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State 2[.] as follows:2
(1) 2[The] Whenever an
anticipated wet weather event would
produce a likely combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State, the2 report shall be made by telephone or other means 2of communication2 acceptable to the department as soon as practicable and no later than 2[24 hours after the time that the permittee became aware of the event. Within 24 hours] when the overflow or discharge occurs;2
(2) 2Whenever an unexpected wet weather event produces a combined sewer overflow or potential discharge of raw or diluted sewage into the surface waters or groundwaters of the State, the report shall be made by telephone or other means of communication acceptable to the department as soon as practicable and no later than one hour after the event occurs.
b. As soon as may be practicable and no later than 12 hours2 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 2[paragraph (1) of this]2 subsection 2a. of this section2 , the department shall notify the public of the event by 1[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]1 2:
(1)2 posting a notice of the event on the department's Internet website 2;
(2) providing notice to the Commissioner of Health or the commissioner’s designee;
(3) providing notice to local governing bodies and local parks departments that may be affected by the event; and
(4) providing notice by electronic mail to interested parties, including businesses, nonprofit organizations, and individuals who have requested to be notified by the department of such events2 .
2[(3)] c.2 Within five calendar days after the notification required pursuant to 2[paragraph (1) of this]2 subsection 2a. of this section2 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 2[d.] g.2 of this section.
2[b.] d. A permittee who does not comply with the notification requirements of paragraph (2) of subsection a. of this section within 12 hours after the combined sewer overflow or discharge of raw or diluted sewage into the surface waters or groundwaters of the State shall be in violation of their combined sewer systems general permit, or any other permit, required pursuant to the “Water Pollution Control Act,” P.L.1977, c.74 (C.58:10A-1 et seq.) issued by the department to regulate combined sewer overflows, as applicable.
e.2 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 2[d.] g.2 of this section.
2[c.] f.2 (1) The Department of Health 2[and Senior Services]2 , 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.
2[d.] g.2 The department, in consultation with the Department of Health 2[and Senior Services]2 , 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. 2Within 180 days after the date of enactment of this act, every permittee shall erect a clear and conspicuous sign or signs at each combined sewer overflow point. A sign required pursuant to this subsection shall clearly state: the point is designed to discharge raw sewage during and after precipitation and snow melt; the name of and contact information for the permittee; the name of and telephone number for the department; and a telephone number for reporting visible discharges from the point.
b.2 Within 180 days after the date of enactment of this act, the department shall: investigate all combined sewer overflow 2[sites] points2 in the State and determine 2[which sites] the area around each combined sewer overflow point that2 shall be designated as 2a2 recurring overflow 2[sites] site2 , based on 2water quality sampling,2 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 2(1)2 notify a permittee if the department has listed a combined sewer overflow 2[site] point2 in the permittee’s system as a recurring overflow site, and 2[shall] (2)2 post the list on the department’s Internet website.
2[b.] c.2 A permittee who is responsible for a recurring overflow site, as determined by the department pursuant to subsection 2[a.] b.2 of this section, shall 2:
(1)2 erect a clear and conspicuous sign or signs 2every 100 yards2 at each recurring overflow site within one year after the date of enactment of this act 2; and
(2) conduct monitoring within the recurring overflow site and report the results of the monitoring at a frequency and in a format specified by the department pursuant to the rules and regulations adopted pursuant to subsection d. of this section2 .
2[c.] d.2 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 2and the monitoring2 required pursuant to subsection 2[b.] c.2 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. 2Monitoring shall be conducted at regular intervals, including before, during, and after anticipated wet weather events and unexpected wet weather events.2
24. The department shall annually compile data concerning the number of combined sewer overflows at each combined sewer overflow point and the weather conditions that produced each combined sewer overflow. By January 31 of each year, the department shall post on its Internet website a report for the preceding calendar year containing this information and any other information the department deems useful in explaining the data and the condition of the combined sewer systems and combined sewer overflow points in the State.2
2[4.] 5.2 This act shall take effect immediately.