This proposed law would require the Department of Environmental Protection to notify the Council and affected community boards when waterbodies are unsafe for human contact due to combined sewage overflow or the presence of harmful chemicals. The proposed law would also require the Department of Health and Mental Hygiene to notify the Council and affected community boards when beaches are closed or under advisory.
Int. No. 875
By Council Members Constantinides and Ulrich
A Local Law to amend the administrative code of the city of New York, in relation to informing the council, individual council members and affected community boards when beaches and waterways are unsafe or closed
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-199.7 to read as follows:
§ 17-199.7 Beach closures and advisories. When a beach is closed or under a beach advisory pursuant to section 167.17 of the health code, the department shall inform the speaker of the council, the council member or members who represent the beach, or the area adjacent to the beach, and the community board or boards that represent the beach, or the area adjacent to the affected beach.
§ 2. Subchapter 4 of chapter 3 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-367 to read as follows:
§ 24-367 Notification regarding status of waterbodies. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Combined sewage overflow. The term “combined sewage overflow” means the discharge from a combined sewer system that is caused by snowmelt or storm water runoff consisting of excess storm water and untreated sewage.
Combined sewage overflow waterbody advisory. The term “combined sewage overflow waterbody advisory” means an official announcement recommending that individuals avoid even limited contact with a particular waterbody, including but not limited to fishing and activities in which an individual will come in secondary contact with water from said waterbody.
Combined sewer system. The term “combined sewer system” means a sewer system in which wastewater and rainwater are collected in the same sewers and then conveyed together to the city's treatment plants.
Waterbody. The term “waterbody” means any river, tidal estuary, bay, creek, canal, or other body of surface water.
b. The department shall notify the council member or members who represent the waterbody, or the area adjacent to the affected waterbody, and the community board or boards that represent the waterbody, or the area adjacent to the affected waterbody, when a waterbody is known to the department to be unsafe for human contact due to a combined sewage overflow waterbody advisory or illegal dumping in a waterbody, or when the department is notified of the presence in a waterbody of a hazardous chemical whose concentration is such that it poses a significant risk to human life.
c. The department shall update the sustainable stormwater management plan required by section 24-526.1 to include direct notification of council members and community boards pursuant to subdivision b of this section.
§ 3. This local law takes effect 90 days after it becomes law.
LS #11282/Int 1689/2017