The state Department of Environmental Conservation this month has implemented a new notification system for the Sewage Pollution Right to Know Law, giving the public access through NY-ALERT to important near-realtime reports of many discharges of raw or partially treated sewage.
But the public and press also need to be aware that the absence of a discharge report does not necessarily mean that the water where you swim, boat or fish is safe for recreation.
Riverkeeper monitors water quality in 74 locations in the Hudson River estuary between New York City and Waterford, and, in cooperation with dozens of citizen scientists, 149 waterfront and tributary locations. More than one in five of our samples in the Hudson River has failed to meet Environmental Protection Agency guidelines for safe swimming, and data gathered by citizen partners indicates a swimmer’s chance of encountering poor water quality is far greater in our creeks and streams, and along urban waterfronts.
Here’s a look at major categories of pollution that are not covered by the Sewage Pollution Right to Know Law.
Certain Combined Sewer Overflows
When it rains or snow melts, sewage treatment plants serving combined sewer systems (that carry both storm water and sewage in the same pipes) can become overwhelmed. To avoid damaging biological processes necessary for properly treating sewage, sewage can be partially treated and blended with fully treated sewage before it is released. These blended bypasses are known to have high levels of pathogens, but they aren’t reportable under the Sewage Pollution Right to Know Law. All other combined sewer overflows are to be reported, and Riverkeeper is working to ensure that all CSO events are reported. (DEC regulations specifying which discharges are reportable are expected soon.)
Overflows and Spills from Privately Owned Sewage Treatment Plants
Privately owned sewage treatment plants are not required to adhere to the law. In the eight counties of the Hudson River Estuary Watershed, there are 140 municipally owned sewage treatment plants and 50 satellite sewer systems covered by the current law. There are 850 other permitted discharges of wastewater from private, commercial or institutional sources that are not included, including 37 designated “significant” such as prisons or privately owned plants serving communities. Discharges from these privately owned treatment plants are not covered by the law.
Discharges from Publicly Owned Sewage Treatment Plants that Lack Disinfection
About 150 publicly owned sewage treatment plants statewide do not disinfect sewage before discharge. While other treatment processes reduce the risk of these discharges, these undisinfected discharges can include pathogens that may compromise recreational water quality, but are not reportable under the law.
Runoff from Streets
Stormwater runoff – or street water as we like to call it – is known to be a significant source of pathogens, and has been named one of the Top 10 Water Quality Issues in New York State. Discharges from storm sewer outfalls are frequently orders of magnitude higher than safe-swimming guidelines. There are 475 regulated municipal separate storm sewer systems in 150 Hudson River Estuary watershed communities, plus large portions of New York City and northern New Jersey. In all, thousands of outfalls discharge contaminated street water when it rains.
Failing Septic Systems
Failing septic systems and other on-site wastewater treatment systems are also believed to be a significant source of contamination in some areas. There are hundreds of thousands of septic systems in the Hudson River watershed. The extent to which these are failing is unknown, but failure rate nationwide has been estimated at 10% overall, and as high as 70% in some communities. Inadequate on-site wastewater treatment is named one of the Top 10 Water Quality Issues in New York State. Most failures aren’t identified by routine inspection and maintenance – which in the vast majority of New York State is not required by state or local law – but only by catastrophic failure.
Farm Runoff
Runoff from farms that border streams can be a significant source of pathogens, if manure spread as fertilizer on fields or generated by livestock is not managed to avoid contaminating water. There are thousands of farms in the Hudson River watershed. The degree to which they compromise recreational water quality hasn’t been quantified.
Wildlife
The degree to which geese, deer or other wildlife contributes to documented water quality problems isn’t known.