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a. As used in this section, the following terms have the following meanings:
Confirmed sewer backup. The term “confirmed sewer backup” means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.
Sewer system. The term “sewer system” means all sewers, drains, pipes, and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.
Unconfirmed sewer backup. The term “unconfirmed sewer backup” means a determination by the department that, upon field investigation by the department, a sewer backup complaint is associated with a condition other than a condition in a sewer system.
b. Where a confirmed sewer backup occurs, the commissioner shall ensure that the sewer segment causing the confirmed sewer backup is identified, inspected, and cleaned as necessary within 10 calendar days of a confirmation by the department of such backup.
c. Within 30 calendar days of an unconfirmed sewer backup, the department shall provide notice of such unconfirmed sewer backup to the person who submitted to the department the sewer backup complaint and to the resident of the property about which the complaint was made. Such notice shall provide, but need not be limited to, the following:
1. The department’s determination that the sewer backup complaint was not associated with a condition in a sewer system;
2. A statement that a backup complaint may be related to an adverse condition in a privately owned sewer, pipe, or appurtenance and that if backups continue then such owner should consider conducting an inspection of such privately owned sewer, pipe, or appurtenance; and
3. An informational pamphlet regarding potential causes of adverse conditions in privately owned sewers, pipes, and appurtenances that are used to convey sewage from a private property to a sewer system.
(L.L. 2019/060, 3/31/2019, eff. 3/31/2019; Am. L.L. 2024/123, 12/18/2024, eff. 12/18/2024)
a. As used in this section, the following terms have the following meanings:
Confirmed sewer backup. The term "confirmed sewer backup" means a sewer backup complaint that, upon field investigation by the department, is confirmed to be associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.
Sewer system. The term "sewer system" means all sewers, drains, pipes and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.
b. No later than June 30, 2025, and every 5 years thereafter, the commissioner of environmental protection shall submit to the mayor and the speaker of the council, and post on the department of environmental protection’s website, a plan to prevent confirmed sewer backups for the sewer system. Such plan shall include, but need not be limited to:
1. Confirmed sewer backup prevention and response measures;
2. Identifying areas with, on average, more than 1 confirmed sewer backup in a 12-month period;
3. Procedures targeting reductions in confirmed sewer backups in the portions of the sewer system most heavily impacted;
4. Procedures targeting reductions in recurring confirmed sewer backups;
5. A review of root control strategies of other municipalities; and following such review, the department may recommend root control strategies for private property owners;
6. A comprehensive grease management program including commercial establishments and residential households; and
7. Identifying areas where notices of claim filed with the comptroller during the preceding 5 years allege that a sewer backup has damaged persons or property, to the extent it is practicable for the department to review such notices.
(L.L. 2019/061, 3/31/2019, eff. 3/31/2019; Am. L.L. 2024/123, 12/18/2024, eff. 12/18/2024)
It shall be unlawful to construct any sewer, sewage disposal plant or drain in the city unless such sewer, sewage disposal plant or drain shall be in accordance with the general plan for the sewerage of the particular district in which such sewer or drain is proposed to be constructed.
a. The department shall, within eight months of the effective date of this section, complete an analysis of the combined sewer outfall system and its relationship to floatables, including medical debris, discharged through the system, which are deposited on beaches and other shorelines throughout the city. This analysis shall include, but not be limited to, identifying, evaluating and providing:
1. The location of each combined sewer regulator and outfall within the city of New York;
2. A list identifying priority combined sewer regulators, specifically indicating those which discharge within five hundred feet of designated bathing areas;
3. The general composition and quantity of floatables, including medical debris, that are discharged from the combined sewer system, to be compiled from available data;
4. Environmental impacts of floatables, including medical debris, to be compiled from available data;
5. The long-term solutions to be advanced to reduce the discharge of floatables, including medical debris, from combined sewer systems onto beaches and shorelines throughout the city, and the costs associated with these efforts;
6. A quarterly report about the status of this debris, as evidenced by the city-wide floatables study, which shall include any short-term collection and containment methods discovered, which could be implemented in order to reduce the discharge of floatables from the combined sewer system onto beaches and shorelines throughout the city, and the proposed costs associated with these efforts.
b. The commissioner shall, within eight months of the effective date of this section, submit to the council a report on the findings of such analysis and any recommendations as to regulations or legislation necessary to implement the recommendations of the analysis.
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