Substitute Senate Bill No. 927
Public Act No. 21-42
AN ACT CONCERNING REVISIONS TO THE SEWAGE SPILL
RIGHT-TO-KNOW STATUTE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-424a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) For the purposes of this section:
(1) "Sewage treatment plant or collection system" means any sewage
treatment plant, water pollution control facility, related pumping
station, collection system or other public sewage works;
(2) "Sewage spill" means the diversion of wastes from any portion of
a sewage treatment plant or collection system in this state; [that
reasonably initiates public health, safety or welfare concerns, or
environmental concerns;]
(3) "Combined sewer" means structures which are designed to
convey both sanitary and storm sewage, and allow the overflow of such
combined sewage, untreated, to the waters of the state during periods
of high flows; and
(4) "Electronic report" means a reporting form that uses an electronic Substitute Senate Bill No. 927
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format as prescribed by the Commissioner of Energy and
Environmental Protection.
(b) On and after July 1, 2013, the Commissioner of Energy and
Environmental Protection shall post, on the department's Internet web
site, a map of the state indicating [the] where sewage spills, anticipated
combined sewer overflows [anticipated to occur during certain storm
events. The web site may include the following relevant information
about the overflows: (1) Location, anticipated duration and extent; (2)
reasonable public health, safety or environmental concerns; and (3)
public safety precautions that should be taken] and permitted sewage
bypasses occur. The Internet web site shall include all information
posted pursuant to subdivision (1) of subsection (c) of this section and
shall be current.
(c) (1) On and after July 1, 2014, not later than two hours after receipt
of any report submitted pursuant to subdivision (2) of this subsection,
the Commissioner of Energy and Environmental Protection shall post,
on the department's Internet web site, notice of [unanticipated] any such
reported sewage spills [and waters of the state that have chronic and
persistent sewage contamination that represents a threat to public
health, as determined by the Commissioner of Energy and
Environmental Protection in consultation with the Commissioner of
Public Health] and permitted sewage bypasses. Any notice or report
posted pursuant to this subsection [may] shall contain the following
relevant information as best determined [from the reported sewage spill
incident] by the operator of the sewage treatment plant or collection
system that filed the subject report: (A) The estimated volume or rate of
discharge and, once known, the final volume discharged; (B) the level
of treatment of the discharge; (C) the date and time the incident
occurred; (D) the location of the discharge; (E) once known, the
estimated or actual time the discharge ceased; (F) the geographic area
impacted by the discharge; (G) once known, the steps taken to contain Substitute Senate Bill No. 927
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the discharge; (H) reasonable public health, safety or welfare concerns
or environmental concerns; and (I) public safety precautions that should
be taken.
(2) On and after July 1, 2018, not later than two hours after becoming
aware of any sewage spill or permitted sewage bypass, the operator of
a sewage treatment plant or collection system shall submit an electronic
report to the Department of Energy and Environmental Protection that
includes all of the information required for any notice or report posted
in accordance with the provisions of subdivision (1) of this subsection.
Such report shall be updated by the operator on a daily basis for each
additional day that the sewage spill or permitted sewage bypass
continues after the submittal of the initial report and until such time as
the sewage spill or permitted sewage bypass ceases.
(3) On and after July 1, 2018, not later than two hours after becoming
aware of any sewage spill or permitted sewage bypass that [exceeds five
thousand gallons or that is anticipated to exceed five thousand gallons]
reaches a water body or may come in contact with the general public,
the operator of a sewage treatment plant or collection system shall notify
the chief elected official, or such official's designee, and the local public
health official of the municipality where the sewage spill or permitted
sewage bypass occurred [. As soon as practicable after receiving any
such notification, such municipality shall inform the public and
downstream public officials, as appropriate.] and the chief elected
official, or such official's designee, and the local public health official of
any municipality that may be potentially impacted downstream by such
spill or sewage bypass. As soon as practicable, but not later than two
hours after receipt of any such notice pursuant to this subdivision, each
such chief elected official, in conjunction with the local public health
official, shall inform the public of any sewage spill or permitted sewage
bypass that has the potential to impact public health, safety or the
environment. Any such information provided to the public may be Substitute Senate Bill No. 927
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provided through the use of social media and shall be provided in each
predominant language spoken by the residents of such municipality.
(4) Not later than December 1, 2021, the Department of Energy and
Environmental Protection shall implement a real-time public
notification system, through which the public may choose to be notified
of any sewage spills or permitted sewage bypasses as such sewage spills
or permitted sewage bypasses are reported electronically to said
department. Such real-time public notifications shall occur not later than
two hours after said department's receipt of any such report.
(5) Not later than February 1, 2022, and annually thereafter, the
Department of Energy and Environmental Protection shall publish and
make publicly available on the department's Internet web site an annual
report that includes a summary of the sewage spills that occurred within
each municipality during such year, a summary of sewage spills that
reached named or identified water bodies, a summary of the total
volume of each category of sewage spill and any enforcement actions
taken by the department related to such sewage spills.
[(d) The Commissioner of Energy and Environmental Protection shall
consult with the Commissioner of Public Health, operators of sewage
treatment plant or collection systems and state and local environmental
and health agencies when developing the notice required by
subdivision (1) of subsection (c) of this section.]
[(e)] (d) Any report to the Department of Energy and Environmental
Protection that is required pursuant to section 22a-430-3 of the
regulations of Connecticut state agencies shall be submitted as an
electronic report.
[(f)] (e) The failure to file an electronic report pursuant to any provision
of this section shall be deemed a violation of the provisions of this
section for purposes of section 22a-438.