HOUSE DOCKET, NO. 1122        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 751

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Linda Dean Campbell and Denise Provost

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act promoting awareness of sewage pollution in public waters.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Linda Dean Campbell

15th Essex

1/15/2019

Denise Provost

27th Middlesex

1/15/2019

James Arciero

2nd Middlesex

1/31/2019

Brian M. Ashe

2nd Hampden

1/28/2019

Ruth B. Balser

12th Middlesex

1/28/2019

Christine P. Barber

34th Middlesex

1/28/2019

Jennifer E. Benson

37th Middlesex

1/31/2019

David Biele

4th Suffolk

2/1/2019

Natalie M. Blais

1st Franklin

2/1/2019

Antonio F. D. Cabral

13th Bristol

1/31/2019

Daniel Cahill

10th Essex

1/30/2019

Peter Capano

11th Essex

1/29/2019

Michelle L. Ciccolo

15th Middlesex

1/31/2019

Mike Connolly

26th Middlesex

1/28/2019

Josh S. Cutler

6th Plymouth

1/24/2019

Marjorie C. Decker

25th Middlesex

1/31/2019

Sal N. DiDomenico

Middlesex and Suffolk

1/31/2019

Daniel M. Donahue

16th Worcester

1/29/2019

Shawn Dooley

9th Norfolk

1/28/2019

Carolyn C. Dykema

8th Middlesex

2/1/2019

Lori A. Ehrlich

8th Essex

1/31/2019

James B. Eldridge

Middlesex and Worcester

2/1/2019

Paul R. Feeney

Bristol and Norfolk

1/30/2019

Denise C. Garlick

13th Norfolk

1/31/2019

Carlos González

10th Hampden

1/24/2019

Kenneth I. Gordon

21st Middlesex

1/29/2019

Tami L. Gouveia

14th Middlesex

1/30/2019

Jonathan Hecht

29th Middlesex

1/31/2019

Natalie M. Higgins

4th Worcester

1/28/2019

Bradford Hill

4th Essex

1/30/2019

Kate Hogan

3rd Middlesex

1/30/2019

Hannah Kane

11th Worcester

1/31/2019

Mary S. Keefe

15th Worcester

1/28/2019

James M. Kelcourse

1st Essex

1/18/2019

Kay Khan

11th Middlesex

1/30/2019

Jason M. Lewis

Fifth Middlesex

1/24/2019

Jay D. Livingstone

8th Suffolk

1/30/2019

Adrian C. Madaro

1st Suffolk

1/30/2019

Paul McMurtry

11th Norfolk

1/31/2019

Joan Meschino

3rd Plymouth

1/29/2019

Christina A. Minicucci

14th Essex

1/18/2019

Michael O. Moore

Second Worcester

1/29/2019

Frank A. Moran

17th Essex

1/29/2019

Tram T. Nguyen

18th Essex

1/30/2019

Maria Duaime Robinson

6th Middlesex

1/31/2019

David M. Rogers

24th Middlesex

1/29/2019

Daniel J. Ryan

2nd Suffolk

1/28/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

Tommy Vitolo

15th Norfolk

1/30/2019

RoseLee Vincent

16th Suffolk

1/30/2019

Bud L. Williams

11th Hampden

1/30/2019

Andres X. Vargas

3rd Essex

1/31/2019

John C. Velis

4th Hampden

1/31/2019

Michael S. Day

31st Middlesex

2/1/2019

Mindy Domb

3rd Hampshire

2/1/2019

Dylan A. Fernandes

Barnstable, Dukes and Nantucket

1/31/2019

William C. Galvin

6th Norfolk

1/31/2019

Sean Garballey

23rd Middlesex

2/1/2019

Carmine Lawrence Gentile

13th Middlesex

2/1/2019

Thomas A. Golden, Jr.

16th Middlesex

1/31/2019

Patrick Joseph Kearney

4th Plymouth

2/1/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Joan B. Lovely

Second Essex

1/31/2019

Elizabeth A. Malia

11th Suffolk

2/1/2019

Paul W. Mark

2nd Berkshire

2/1/2019

Lenny Mirra

2nd Essex

1/18/2019

David Allen Robertson

19th Middlesex

2/1/2019

Bruce E. Tarr

First Essex and Middlesex

2/1/2019

Steven Ultrino

33rd Middlesex

2/1/2019


HOUSE DOCKET, NO. 1122        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 751

By Representatives Campbell of Methuen and Provost of Somerville, a petition (accompanied by bill, House, No. 751) of Linda Dean Campbell, Denise Provost and others relative to promoting awareness of sewage pollution in public waters.  Environment, Natural Resources and Agriculture.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act promoting awareness of sewage pollution in public waters.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 21 of the General Laws is hereby amended by inserting after section 43 the following section:-

Section 43A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Combined sewer system”, a sewer system designed to collect and convey storm water runoff and sewage in shared piping.

“Department”, the department of environmental protection.

“Discharge” or “discharging”, a release or diversion of sewage, industrial waste or other effluent, which is untreated or partially treated, including from a combined sewer overflow, that is emitted from an outfall directly or indirectly into waters of the commonwealth.

“Outfall”, an outlet designed for the purpose of allowing a discharge that is part of, or connected to, a combined sewer system, sanitary sewer system or treatment works, including a connection to any such system or facility, intended to allow wastewater to divert or bypass treatment by a facility.

“Permittee”, a person granted a permit under section 43 to operate and maintain a particular outlet for the discharge of pollutants into waters of the commonwealth or a person discharging pollutants from an outlet without a required permit or in violation of the conditions of a valid permit.

(b) A permittee shall issue a public advisory when there is a discharge from the permittee’s outfall, in accordance with this section. The department may allow a permittee to issue a combined advisory message when a weather event or other related occurrence involves more than 1 of the permittee’s outfalls discharging into the same water body or waterway. To continue to inform the public about a discharge or potential environmental hazard from a discharge, a permittee shall update its advisory as required by regulation or directive of the department. The permittee shall make a public announcement in the two largest newspapers in local circulation that public advisories will be issued for discharges and provide information for how the public can register to receive these advisories.

A public advisory shall, to the extent a permittee has the information available and subject to the department’s review, describe in plain language the: (i) outfall’s location; (ii) the approximate time and date when each discharge began and ended; (iii) estimated discharge volume; (iv) overall discharge water quality determined by any pretreatment of the effluent to remove bacteria, solid wastes and other pollutants; (v) waters and land areas affected or expected to be affected by the discharge; (vi) identity of the outfall permittee; (vii) precautionary measures for the public to avoid health risks from contact with effluent; and (viii) information that the department shall prescribe by regulation or directive.

(c) Not later than 2 hours after the discovery of a discharge from the permittee’s outfall, a permittee shall issue a public advisory to the department of public health, the municipal board of health or the health department and town manager or mayor where the outfall is located, and to the department. The department shall adopt regulations relative to the procedures and circumstances in which the permittee must notify municipalities impacted by the outfall; provided, however, notification shall be provided to all municipalities directly affected by such a discharge.

(d) As soon as possible, but not later than 2 hours after discovery of a discharge from the permittee’s outfall, the permittee shall issue a public advisory by email or text messaging to individuals that subscribe to receive notifications about a discharge from the permittee’s outfall. The department may, by regulation, require that permittees provide advisories by other means, including, but not limited to, telephone voice messaging, online and social media.

(e) A permittee shall work with the department to establish the metering, modeling or other method the permittee will use to determine when a discharge occurs at its outfall to comply with the notification requirements of this section. If an outfall will not have metering equipment to detect and transmit reliable information about a discharge within the timeframes established by subsections (c) and (d), the permittee shall apply to the commissioner for authorization to use another method. The commissioner shall approve the proposed method, provided the permittee can obtain reliable information by such method about any discharge from its outfall and issue public advisories within the timeframes established by subsections (c) and (d).

If the proposed method or the current discharge detection capabilities of the permittee’s outfall will not provide timely or reliable information, the commissioner may extend the time for a permittee to issue a public advisory, provided that such time shall be extended only as necessary, and by not more than 24 hours after discovery of the discharge. A permittee that has been granted an extension shall be directed by the department to establish improvements that need to be made, if any, to detect an outfall discharge within the timeframes established by subsections (c) and (d). Upon application of the permittee, the commissioner may waive any requirement under this section related to permittee’s outfall, provided that: (i) the outfall is decommissioned; or (ii)  there has not been significant discharge from the outfall, as determined by the department, during the preceding 5 years; and (iii) the waiver will not pose a substantial threat to public health or to the environment. A waiver shall be valid for not more than 5 years. Authorizations and waivers allowed by the commissioner under this subsection shall be in writing and shall specify the conditions for each exception.

(f) The permittee shall install and maintain conspicuous warning signage at the location of its outfall and at public access points to waters affected by a potential discharge from permittee’s outfall as determined by the department, including entrances to boat ramps, piers and designated swimming areas. Signage shall be suitable for its location and be of the size and form of notice as the department shall prescribe in compliance with this section. Each sign shall include the following information using plain language and symbols to (1) identify the existence of the outfall, (2) inform about any weather events that can cause a discharge, (3) warn of the potential threat to public health by recreating in, or using waters and shores affected by a discharge, (4) recommend precautions for safe recreation around affected waters and shores, and (5) provide information for the public to subscribe to notifications about discharges in area waters. Such signage shall conform to all applicable provisions of federal law and related rules and regulations, notwithstanding current permit requirements. The department shall coordinate with the department of conservation and recreation, municipalities, and other landowners that have public access points that may be affected by a discharge, for the placement and maintenance of such signage on public and private property.

(g) The department shall establish and maintain a public website to provide information about discharge notifications sent by permittees to the department under subsection (b). The website shall display information about current outfall discharges in the commonwealth within 24 hours of the department receiving such data, provide an access point for subscriptions to public advisories regarding discharges and timely updates about those discharges.

(h) Not later than May 15 of each year, the department shall issue a report providing a summary of all outfall discharge activity reported for the previous calendar year, including information about total discharge volumes, frequencies and pretreatment of effluent from any outfall discharging during that year into water bodies or waterways of defined regional areas. Annual reports shall be posted on the department’s public website.

SECTION 2. The department shall adopt regulations for the implementation and administration of section 43A of chapter 21 of the General Laws not later than 18 months after the passage of the Act.