Bill Summary – FastDemocracy

Environment Committee
                           JOINT FAVORABLE REPORT
    Bill No.: SB-927
               AN ACT CONCERNING REVISIONS TO THE SEWAGE SPILL RIGHT-TO-
        Title: KNOW STATUTE.
 Vote Date: 3/12/2021
Vote Action: Joint Favorable Substitute
   PH Date: 3/3/2021
    File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Rep. Patricia A. Dillon, 92nd Dist.
Rep. David Michel, 146th Dist.
Rep. Dorinda Borer, 115th Dist.
Sen. Martin M. Looney, 11th Dist.
REASONS FOR BILL:
Connecticut experiences several unanticipated sewage spills yearly. Notification of sewage
spills provides notifications to persons and municipalities downstream that may affect public
health or the environment. This has happened several times on the Quinnipiac River.
RESPONSE FROM ADMINISTRATION/AGENCY:
Katie Dykes, Commissioner, Department of Energy and Environmental Protection
Department of Energy and Environmental Protection (DEEP) supports the notification of
sewage spills. DEEP has engaged with stakeholders to discus areas of notification
assessment. Specific recommendations have been made to request changes to the bill.
   1) Remove Combined Sewer (CSO) from the definition of sewer spill and create a new
      subsection (d)(4) under public notification requirements.
   2) Operators need to notify local officials within two hours. The notification of this
      standard requires an exercise in judgement that could lead to under reporting of the
       incident. DEEP recommends a simpler approach notifying chief elected officials, local
       public health officials and any of the public for spills that may reach a body of water or
       come into contact.
   3) Additional resources will be required per SB927, subsection (c)(4) and time to
      implement. DEEP has evaluated New York's system and is working on a system
      currently to implement public interface and notification, expected to be implemented by
      the end of 2021.
Deidre Gifford, Acting Commissioner, Department of Public Health
Department of Public Health (DPH) supports SB927. Sewage spill can have a large impact
on the public drinking watershed, or the environment. DPH works with DEEP to notify
persons that an event has occurred. DPH supports language in SB927 that allow immediate
and direct communication between the operator of the sewage plant, local officials, and
public health officials in the event of a large spills.
NATURE AND SOURCES OF SUPPORT:
Bill Lucey, Soundkeeper, Save the Sound
Several large sewage spills have occurred on the Quinnipiac River. The impact is not only to
recreational uses of the river but also to commercials entities on the river. Save the Sound
has been working closely with DEEP to address these issues and agreed to the following
changes for public notification of sewage spills. Requested changes include:
   1) A form of electronic public notification.
   2) Spills that reach surface waters shall be reported.
   3) Signs posted along the affected water body notifying the public that waters are unsafe.
Sen. Martin Looney
SB927 expands notification to include chief elected official and local public health director of
any municipality impacted by the spill.
8 additional testimonials in support of SB927.
                                                                            Page 2 of 3 SB-927
NATURE AND SOURCES OF OPPOSITION:
Metropolitan District Commission
Public Act 18-97 transferred much of Department of Energy and Environmental Protection's
(DEEP) responsibility to the operators of sewage treatment plants and collections systems.
P.A. 18-97 is a system that operators have implemented to ensure compliance.
SB927 removes the definition of "spill", a quantitative factor of 5000 gallons, and the operator
needs to determine the definition of "spill. Under SB927 Section (c)(3) the operator needs to
determine:
   1) If a spill is present
   2) If any municipality is impacted.
   3) Operator report actual discharge volume within two hours
   4) Burden is on operator, not complying can lead to civil and criminal penalties
SB927 mandates DEEP develop a new and advanced electronic reporting efforts. MDC has
tried on multiple occasions to assist DEEP to improve its current reporting system, DEEP's
response to suggestions was while the suggestions had merit, DEEP did not have the
"necessary financial resources" to implement the suggested changes.
Greater New Haven Water Pollution Control Authority
SB927 Section 3 asks that spills be reported "if the operator feels the spill may serve 'as a
threat to public health or environment' ". Section 3 language, as written, is vague and leaves
room to interpretation.
Operators are currently required to report sewage spills to DEEP and notify the local health
department. These are the entities to address the public health and environment concerns.
Operators are NOT qualified with dealing with the impacts to public health and environment.
Establish clear quantities of the spill volume provides transparency how to respond to each
spill.
DEEP does not have the bandwidth to take on new tasks and adding additional tasks to the
current system is not advisable.
CT Association of Water Pollution Control Authorities
CT Association of Water Pollution Control Authorities (CAWPCA) reiterates the points of the
Greater New Haven Water Pollution Control Authority. DEEP's current reporting system has
issues, CAWPCA hopes this system will improve to insure notifications of sewage spills are
getting out in a time efficient manner.
Reported by: Steve Smith                                 Date: 3/15/2021
                                                                           Page 3 of 3 SB-927
Statutes affected: 
Raised Bill: 
ENV Joint Favorable Substitute: 
File No. 217: 
Public Act No. 21-42: 