


Summary of State CSO Public Notification Requirements in the Great Lakes Basin

















                                       
                                       
                                       
                                       
                               December 8, 2016


1.0 Introduction 
2.0 Illinois
2.1 State Requirements
2.2 Signage
2.3 CSO Discharge Events
3.0 Indiana
3.1 State Requirements
3.2 Public Notice Examples
3.3 CSO Discharge Information
4.0 Michigan
4.1 State Requirements
4.2 CSO Discharge Information
5.0 New York
5.1 State Requirements
5.2 CSO Discharge Information
6.0 Ohio
6.1 State Requirements
6.2 Signage
6.3 Map of Outfalls
6.4 Real Time Water Quality
6.5 Real Time CSO Discharge
7.0 Pennsylvania
7.1 State Requirements
7.2 Public Notice Examples
7.3 Signage
7.4 Real Time CSO discharge
8.0 Wisconsin
8.1 State Requirements
9.0 Summary of State Information (as updated 2/8/2016)



1.0 Introduction
Combined sewer systems are wastewater collection systems designed to carry sanitary sewage and stormwater in a single pipe to a treatment facility. In periods of rainfall, total wastewater flows can exceed the capacity of the combined sewer and overflow directly to a waterbody causing a combined sewer overflow (CSO). Because CSOs contain untreated wastes, many different types of contaminants that can cause a variety of adverse impacts can be present. Municipalities with CSOs are permitted under the NPDES permit program and generally required to develop Long Term Control Plans (LTCPs) for controlling CSOs. EPA's CSO Control Policy outlines Nine Minimum Controls that municipalities must implement to reduce CSOs. One of the Nine Minimum Controls is "public notification to ensure that the public receives adequate notification of CSO occurrences and CSO impacts." 
This document summarizes state public notification requirements and state/municipal programs to notify the public of CSO discharges. Several examples of public notification programs for beaches and sanitary sewer overflows (SSOs) are also included. 
The public notifications examples in this summary are divided into the following categories:
 State Public Notice Requirements
 Passive Public Notices
 Outfall Signs
 Maps of Outfall Locations
 General descriptions of CSO impacts on websites
 Active Public Notices  -  Generic Text/Email/Website Notices
 Active Public Notices  -  Specific
 Warnings at CSO outfalls
 Listing of specific CSO discharge events
 Map of real-time CSO discharge information based on modeling
 Map of real-time CSO discharge information based on monitoring (level sensors)
 App with real-time water quality information

This is not intended to be a summary of all available public notice requirements, but is intended to highlight state public notice requirements and examples of the different types of methods municipalities use to notify the public of CSO events. 


2.0 Illinois
Several of the permits for discharges from treatment facilities operated by the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO contain special conditions that require MWRD to implement a public notification program.   
In accordance with:
 Special Condition (SC) 13.14 of NPDES permits IL0028053 and IL0028061, and SC 8.14 of IL0028088 effective January 1, 2014
 SC 14.12 of NPDES permit IL0047741 effective August 1, 2004
and SC 14.12 of NPDES permit IL0028070 effective February 1, 2008

North Side Water Reclamation Plant NPDES Permit No. IL0028088
James C. Kirie Water Reclamation Plant NPDES Permit No. IL0047741
Lemont Water Reclamation Plant NPDES Permit No. IL0028070
MWRD's CSO Events page is located at http://www.mwrd.org/irj/portal/anonymous/overview.
MWRD's CSO Public Notification Plan is posted at http://www.mwrd.org/irj/portal/anonymous/overview

2.1 Public Notification Examples
Metropolis, IL  -  The City of Metropolis
The City of Metropolis, IL (NPDES permit number IL0029874) has a population of 6,465 (2013 US Census Bureau). The City has a website containing information on individual CSO discharge events dated back to 2008. Information provided includes approximate discharge volume, rainfall, discharge event duration, and rainfall duration. 

The City is developing an electronic "Address Book" containing a list of email addresses of interested parties that would like to receive an email alert in the event of a known CSO discharge.  Members of the public are encouraged to sign up to receive e-mail notification of CSO events. 

Chicago, IL  -  Metropolitan Water Reclamation District of Greater Chicago (MWRD)
MWRD has a CSO notification email system to send notices regarding CSO events or diversions to Lake Michigan. In addition, CSO synopsis reports are generated for each event, include start time, stop time, duration and location. 

2.2 Signage
Chicago, IL  -  Metropolitan Water Reclamation District of Greater Chicago (MWRD)
The Metropolitan Water Reclamation District of Greater Chicago (MWRD) serves an equivalent population of 10.35 million people; 5.25 million real people, a commercial and industrial equivalent of 4.5 million people, and a combined sewer overflow equivalent of 0.6 million people.

2.3 Listing Discharge Events
Chicago, IL  -  Metropolitan Water Reclamation District of Greater Chicago (MWRD)
MWRD has created a web page on the MWRD website to inform the general public of the occurrences of CSOs on the Chicago area waterway system. A color-coded graphic representation of the waterways appears on the web page depicting the occurrence of CSOs and waterway diversions to Lake Michigan. The map is updated on a daily basis seven days per week. 
MWRD has developed a public notification program for CSOs into the Chicago area waterways in accordance with Special Condition 8.14 of the NPDES Permit for the O'Brien (North Side) WRP, Special Condition 13.14 of the NPDES Permits for the Stickney and Calumet WRPs, and Special Condition 14.12 of the NPDES Permits for the Kirie and Lemont WRPs.


3.0 Indiana
3.1 State Requirements
Indiana's CSO Public Notification Rule (327 IAC 5-2.1), adopted January 8, 2003, required that each CSO community submit a notification plan by November 9, 2003. The relevant text of the CSO Public Notification Rule follows:

Rule 2.1. Combined Sewer Overflow Public Notification

327 IAC 5-2.1-2 Applicability
Sec. 2. Any person required to possess a National Pollutant Discharge Elimination System (NPDES) permit and having one (1) or more combined sewer overflow outfalls into waters of the state must comply with this rule.

327 IAC 5-2.1-4 CSO notification procedure
Sec. 4. (a) A CSO community shall:
   (1) Develop a CSO notification procedure that meets the requirements of this rule; and
   (2) Incorporate the CSO notification procedure into its CSO operational plan.
(b) A CSO notification procedure must include the following information at a minimum:
  (1) Determination of affected waters for the purpose of providing community notification according to section 5 of this rule.
  (2) Locations of:
     (A) The CSO outfalls;
     (B) Public access points including boat launches and bridges located on affected waters; and
     (C) Parks, school yards, parkways, and greenways on or adjacent to affected waters.
  (3) Locations of drinking water suppliers having surface water intakes located within ten (10) river miles downstream of each CSO outfall within the CSO community's jurisdiction.
  (4) Method, according to section 6 of this rule, that shall be used to provide notification to the affected public within the area of each affected water.
  (5) Assignment of responsibilities within a CSO community for implementing the CSO notification procedure.
(c) A CSO notification procedure must be:
  (1) Submitted to the commissioner for review six (6) months after the effective date of this rule;
  (2) Included in the community's CSO operational plan;
  (3) In the initial stages of implementation by the CSO community upon submission according to subdivision (1);
  (4) Fully implemented no later than ninety (90) days after the date of submission according to subdivision (1); and
  (5) Modified in order to ensure that the procedure is consistent with this rule if either of the following occurs:
     (A) The commissioner requests such modification within six (6) months of the date of submission of the notification procedure.
     (B) A member of the affected public requests that the department reevaluate the notification procedure

327 IAC 5-2.1-5 Notification
Sec. 5. (a) A CSO community shall provide notification to:
   (1) Affected public;
   (2) Other persons within the CSO community who request to be notified in response to the public notice required by section 6(a)(1) of this rule; and
   (3) local health departments and drinking water suppliers having surface water intakes located within ten (10) river miles downstream of each CSO outfall experiencing or about to experience a CSO discharge.
(b) The notification must be appropriately worded to explain the nature of the potential health effects of a CSO discharge and steps that affected persons can take to avoid exposure.
(c) Unless specifically required in this rule, a CSO community is not responsible for confirming that the intended recipients of the notification required by subsection (a) received the notification.
(d) Notification must be provided whenever information from a reliable source indicates that:
   (1) A discharge or discharges from one (1) or more combined sewer overflow outfalls is occurring; or
   (2) A discharge or discharges from one (1) or more combined sewer overflow outfalls is imminent based on predicted or actual precipitation or a related event.
(e) If a CSO discharge occurred and notification was not provided according to subsection (d), the CSO community shall report this fact on the monthly report required according to section 7(a) of this rule.

327 IAC 5-2.1-6 Community notification methods
Sec. 6. (a) A CSO community shall do the following unless alternative procedures are identified by the community that are equivalently effective:
   (1) Provide public notice in a newspaper of general circulation in March of each year to allow the following to request receipt of CSO notification:
      (A) Media sources, such as newspapers, television, or radio.
      (B) Affected public.
      (C) Other interested persons in the CSO community.
   (2) Provide notification to those identified under subdivision (1) who request receipt of CSO notification under subdivision (1):
      (A) When a CSO discharge is occurring or is imminent based on predicted or actual precipitation or a related event; and
      (B) In a manner that is mutually agreeable to the recipient and the CSO community.
   If the recipient and CSO community do not reach agreement on an acceptable manner of notification, then the CSO community shall provide notice by a reasonable, effective means.
Sec. 6. (b) In addition to the requirements of subsection (a), a CSO community shall post a prominent sign within the CSO community's jurisdiction:
   (1) At access points to an affected water, including boat ramps, bridges, parks, and school yards;
   (2) Along parkways and greenways on or adjacent to affected waters at locations most likely to provide notification to persons who may come into direct contact with the water based on information available to the CSO community; and
   (3) With the language printed in English or any other language common in the locale (including the language necessary to fill in the blanks) that states or is equal in meaning to the following: "Caution - Sewage or Wastewater pollution. Sewage or Wastewater may be in this water during and for several days after periods of rainfall or snow melt. People who swim in, wade in, or ingest this water may get sick. For more information, please call [insert local sewer authority, telephone number, and, if available, a Web site address]."
Sec. 6. (c) Cautionary combined sewer overflow signs posted prior to the effective date of this rule advising that combined sewer overflows may occur at that point do not need to be replaced specifically to comply with the wording of subsection (b)(3). If, however, a cautionary combined sewer overflow sign existing prior to the effective date of this rule does need replacement due to reasons such as weathering or other reasons for replacement, then the replacement sign must comply with the language suggested in subsection (b)(3).
Sec. 6. (d) If an access point to an affected water is located on private property or property outside a CSO community's jurisdiction, then a CSO community shall:
   (1) Annually offer to provide the sign required under subsection (b) for the owner or operator of the private or nonjurisdictional property; and
   (2) Not be required to provide the sign required under subsection (b) provided the private or nonjurisdictional property owner or operator has refused the community's offer made according to subdivision (1)


3.2 Public Notification Examples 
Mishawka, IN  -  The City of Mishawka
Indiana law (327 IAC 5-2.1) requires communities with CSOs to offer public notification when CSOs are discharging. Mishawaka is one of Indiana's 105 communities with CSOs that are covered by the law. Mishawaka's wastewater treatment plant is a Class IV facility, with an average capacity of 20 million gallons per day (MGD). About half of Mishawaka's sewers are part of the combined sewer system. During wet weather, the wastewater plant can treat up to 42 MGD. The plant serves approximately 50,000 residents. To comply, they offer their customers and other interested persons an alert notification via e-mail that notifies recipients when CSOs are discharging or when there is a likelihood that discharges may occur.

Speedway, IN  -  Town of Speedway, Indiana
The Town of Speedway, IN, which has one CSO outfall, notifies the public of CSO discharges through email and by a recording that can be reached by calling the Speedway Wastewater Treatment Plant. The public, media, and other interested parties are alerted of this service by an annual public notice published in the Indianapolis Star. 

3.4 CSO Discharge Information
Evansville, IN  -  City of Evansville, Indiana, Water and Sewer Utility
The City of Evansville, Indiana, Water and Sewer Utility (NPDES permit numbers IN0033073 (east side) and IN0032956 (west side) serves a population of approximately 60,000 people. The City's website has a map that shows active and inactive CSOs. Residents may also sign up for CSO notifications via email.


4.0 Michigan

Section 324.3112 of Michigan's Natural Resources and Environmental Protection Act includes notification requirements for sewage discharges both the State and municipalities. Both are required to report information on the volume and quality of the discharge and the time the discharge began and ended. The MI regulations require the person responsible for a sewer system with a release of untreated sewage or partially treated sewage onto land or into the waters of the state is required to notify immediately, but not more than 24 hours after the discharge begins, the MI DNR, local health departments; a daily newspaper of general circulation in the county or counties in which the municipality is located; and a daily newspaper of general circulation in the county in which the discharge occurred or is occurring.   Initial notification that the discharge is occurring is to be by telephone or other manner required by the department.   At the conclusion of the discharge, additional notice is to include: 
 The volume and quality of the discharge as measured pursuant to procedures and analytical methods approved by the department.
 The reason for the discharge.
 The waters or land area, or both, receiving the discharge.
 The time the discharge began and ended as measured pursuant to procedures approved by the department; and 
 Verification of the person's compliance status with the requirements of its national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders.

MI DNR is to promply post the notification on its website upon being notified of a discharge.  

   The person responsible for the sewer system is required tol test the affected waters for E. coli to assess the risk to the public health as a result of the discharge and  provide the test results to the affected local county health departments and to the department. The testing is to be done at locations specified by each affected local county health department.  This testing may be waived by the affected local county health department if the affected local county health department determines that such testing is not needed to assess the risk to the public health as a result of the discharge event.
   
A person responsible for a sewer system that may discharge untreated sewage or partially treated sewage into the waters of the state is required to contact each municipality annually whose jurisdiction contains waters that may be affected by the discharge. Notification must be provided to these municipalities if requested.  


Michigan DEQ is required to maintain and publish a list of occurrences of discharges of untreated or partially treated sewage from sewer systems that have been reported.  The list is to be kept on the department's website on an ongoing basis. In addition, MI DEQ is required to publish this list annually and make it available to the general public. The list must include:
         (a) The entity responsible for the discharge.
         (b) The waters or land area, or both, receiving the discharge.
         (c) The volume and quality of the discharge.
         (d) The time the discharge began and ended.
         (e) A description of the actions the department has taken to address the discharge.
         (f) Whether the entity responsible for the discharge is subject to a schedule of compliance approved by the department.
         (g) Any other information that the department considers relevant.

4.1 State Requirements
Section 324.3112 of Michigan's Natural Resources and Environmental Protection Act includes notification requirements for both the State (324.3112c) and municipalities (324.3112a). Both are required to report information on the volume and quality of the discharge and the time the discharge began and ended. The specific requirements from 324.3112a are included below:
324.3112a Discharge of untreated sewage from sewer system; notification; duties of municipality; legal action by state not limited; penalties and fines; definitions.

(1) Except for sewer systems described in subsection (8), if untreated sewage or partially treated sewage is directly or indirectly discharged from a sewer system onto land or into the waters of the state, the person responsible for the sewer system shall immediately, but not more than 24 hours after the discharge begins, notify the department; local health departments as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105; a daily newspaper of general circulation in the county or counties in which a municipality notified pursuant to subsection (4) is located; and a daily newspaper of general circulation in the county in which the discharge occurred or is occurring of all of the following:
   (a) Promptly after the discharge starts, by telephone or in another manner required by the department, that the discharge is occurring.
   (b) At the conclusion of the discharge, in writing or in another manner required by the department, all of the following:
      (i) The volume and quality of the discharge as measured pursuant to procedures and analytical methods approved by the department.
      (ii) The reason for the discharge.
      (iii) The waters or land area, or both, receiving the discharge.
      (iv) The time the discharge began and ended as measured pursuant to procedures approved by the department.
      (v) Verification of the person's compliance status with the requirements of its national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders.
(2) Upon being notified of a discharge under subsection (1), the department shall promptly post the notification on its website.
(3) Each time a discharge to surface waters occurs under subsection (1), the person responsible for the sewer system shall test the affected waters for E. coli to assess the risk to the public health as a result of the discharge and shall provide the test results to the affected local county health departments and to the department. The testing shall be done at locations specified by each affected local county health department but shall not exceed 10 tests for each separate discharge event. The requirement for this testing may be waived by the affected local county health department if the affected local county health department determines that such testing is not needed to assess the risk to the public health as a result of the discharge event.
(4) A person responsible for a sewer system that may discharge untreated sewage or partially treated sewage into the waters of the state shall annually contact each municipality whose jurisdiction contains waters that may be affected by the discharge. If those contacted municipalities wish to be notified in the same manner as provided in subsection (1), the person responsible for the sewer system shall provide that notification.
(5) A person who is responsible for a discharge of untreated sewage or partially treated sewage from a sewer system into the waters of the state shall comply with the requirements of its national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders.
(6) This section does not authorize the discharge of untreated sewage or partially treated sewage into the waters of the state or limit the state from bringing legal action as otherwise authorized by this part.
(7) The penalties and fines provided for in section 3115 apply to a violation of this section.
(8) For sewer systems that discharge to the groundwater via a subsurface disposal system, that do not have a groundwater discharge permit issued by the department, and the discharge of untreated sewage or partially treated sewage is not to surface waters, the person responsible for the sewer system shall notify the local health department in accordance with subsection (1)(a) and (b), but the requirements of subsections (2), (3), (4), and (5) do not apply.
(9) As used in this section:
   (a) "Partially treated sewage" means any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that meets 1 or more of the following:
      (i) Is not treated to national secondary treatment standards for wastewater or that is treated to a level less than that required by the person's national pollutant discharge elimination system permit.
      (ii) Is treated to a level less than that required by the person's groundwater discharge permit.
         (iii) Is found on the ground surface.
   (b) "Sewer system" means a public or privately owned sewer system designed and used to convey or treat sanitary sewage or sanitary sewage and storm water. Sewer system does not include an on-site wastewater treatment system serving 1 residential unit or duplex.
   (c) "Surface water" means all of the following, but does not include drainage ways and ponds used solely for wastewater conveyance, treatment, or control:
      (i) The Great Lakes and their connecting waters.
      (ii) Inland lakes.
      (iii) Rivers.
      (iv) Streams.
      (v) Impoundments.
      (vi) Open drains.
      (vii) Other surface bodies of water.


Section 324.3112c requires Michigan DEQ ("the Department") to maintain and publish a list of occurrences of discharges of untreated or partially treated sewage from sewer systems. The specific requirements from 324.3112c are included below:

324.3112c Discharges of untreated or partially treated sewage from sewer systems; list of occurrences; "partially treated sewage" and "sewer system" defined.

Sec. 3112c.
   (1) The department shall compile and maintain a list of occurrences of discharges of untreated or partially treated sewage from sewer systems onto land or into the waters of the state that have been reported to the department or are otherwise known to the department. This list shall be made available on the department's website on an ongoing basis. In addition, the department shall annually publish this list and make it available to the general public. The list shall include all of the following:
      (a) The entity responsible for the discharge.
      (b) The waters or land area, or both, receiving the discharge.
      (c) The volume and quality of the discharge.
      (d) The time the discharge began and ended.
      (e) A description of the actions the department has taken to address the discharge.
      (f) Whether the entity responsible for the discharge is subject to a schedule of compliance approved by the department.
      (g) Any other information that the department considers relevant.
   (2) As used in this section:
      (a) "Partially treated sewage" means any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that is not treated to national secondary treatment standards for wastewater or that is treated to a level less than that required by a national pollutant discharge elimination system permit.
      (b) "Sewer system" means a sewer system designed and used to convey sanitary sewage or storm water, or both.

4.2 CSO Discharge Information
Essexville, MI  -  West Bay County Wastewater Treatment Plant
Essexville is served by the West Bay County Wastewater Treatment Plant. The average daily design flow is 10.28 gallons. The average flow for the past five years is 4.01 MGD. The plant serves nearly 100,000 customers. 
The City of Essexville, Michigan is required by the conditions of its NPDES permit to do the following within 24 hours of a CSO overflow/discharge:
   1. Notify the local DEQ office and fill out a Discharge Report.
   2. Notify the County Health Department of the overflow.
   3. Notify the local newspaper of the time and extent of the overflow.
   4. Take discharge samples from the overflow and take to the local Health Department for lab analysis.
   5. Take samples of the discharge and run labs to determine the analysis of the discharged material. Send the lab results to the local DEQ.
   6. At month's end file a report of the overflow with the State of Michigan DEQ on the Daily Monthly Report.
   7. At the cessation of the overflow clean the CSO basin of any overflow residue.


5.0 New York

      The New York State Sewage Pollution Right-to-Know statute (ELC 17-0826-a) was enacted in 2013. The law and associated regulations require that discharges of untreated and partially treated sewage discharges, including combined sewer overflows, except partially treated sewage discharged directly from a publicly owned treatment works that is in compliance with a department approved plan or permit, must be reported to the department and the local health department, or if there is none, the New York state health department, immediately, but in no case later than two hours after discovery.   At a minimum, reports are to include, to the extent knowable with existing systems and models: 
 the volume and treated state of the discharge;
 the date and time of the discharge;
 the expected duration of the discharge; 
 a brief description of the steps being taken to contain the discharge except for wet weather combined sewer overflow discharges; 
 the location of the discharge, with the maximum level of specificity possible;  and 
 the reason for the discharge.

NY CSO communities can report CSO discharges using the CSO template in New York States NY-Alert system. 
         
      In addition, the CSO communities are required to notify any adjoining municipality that may be affected as soon as possible, but no later than four hours from discovery of the discharge.
The statute provides that the NYS DEC, in consultation with the NYS department of health, is to post reported CSO discharge information on its website expeditiously and prepare an annual report on POTW and sewer system discharges.   At a minimum, the annual report is to include:  the total number of discharges, details of such discharges including the volume and treated state of the discharge, and the duration and location of each discharge;  as well as any remedial responses taken to mitigate impacts and avoid further discharges. 

The public can sign up for email notifications of water related topics through New York State's DEC's  Making Waves subscription service. Topics include a weekly CSO discharge report summary listing the number of Sewage Discharge Reports received and the total reported volume for that week.  The NY Alert website includes a Google Earth Map of CSO outfalls in New York. The map provides location and general facility information, receiving waterbody, and information about CSO overflow events.
       
       The NPDES permits for CSO discharges in New York typically require the permittee to install and maintain signs at all CSO outfalls owned and operated by the permittee.   Permits also require the implementation of a public notification program to inform citizens of the location and occurrence of CSO events.  The programs is to include a mechanism (public media broadcast, standing beach advisories, newspaper notice, etc.) to alert potential users of the receiving waters affected by CSO discharges. 

5.1 State Requirements
5.1.1 Public Notice Requirements
The New York State Sewage Pollution Right to Know law was enacted in 2013. The law and rulemaking requires that discharges of untreated and partially treated sewage discharges are reported by publicly owned treatment works (POTWs) and publicly owned sewer systems (POSSs) within two hours of discovery to DEC and within four hours of discovery to the public and adjoining municipalities.
As stated on the DEC website, "[t]he law builds public awareness about where sewage pollution is entering waterbodies and helps to document wastewater infrastructure needs. The notification will help the public avoid contact with waterbodies that may contain bacteria that can cause illness while boating, fishing or swimming."
The website also states, "[t]he law will help to build public awareness about the need to upgrade wastewater infrastructure with new technologies to maintain and/or increase the plant's ability to treat wastewater. Over 600 municipally owned wastewater treatment facilities treat sewage and wastewater from homes and businesses before the water is returned to NYS waterbodies."
POTWs and POSSs must use the NY-Alert system to report sewage releases on-line. The NY-Alert system is an existing notification system that is used by several hundred NY agencies to alert the public. The required information needed for a discharge report includes:
   1. Street Address (or as close as possible) where discharge occurred.
   2. Start Date & Time and End Date & Time (if discharge has ended at time of reporting).
   3. Receiving Water Body (if discharge made it to one)
   4. Potentially Impacted Areas (Bathing Beach, Drinking Water Intake, Fishing Area, etc.)
   5. System Component discharge occurred from.
   6. Reason for Discharge (Roots, Capacity, Weather, Blockage, etc.)
   7. Quantity Released/Discharged (can be estimated).
   8. Treated State (untreated or partially treated).

5.1.2 State Law
New York Environmental Conservation Law §  17-0826-a.  Mandatory sewage release reporting and notification by publicly owned treatment works and operators of publicly owned sewer systems - See more at: http://codes.findlaw.com/ny/environmental-conservation-law/env-sect-17-0826-a.html#sthash.TtckSdFu.dpuf
1.  Publicly owned treatment works or the operator of a publicly owned sewer system shall immediately, but in no case later than two hours after discovery, report discharges of untreated or partially treated sewage, including combined sewer overflows, except partially treated sewage discharged directly from a publicly owned treatment works that is in compliance with a department approved plan or permit, to the department and the local health department, or if there is none, the New York state health department.   Such report shall, at a minimum, include, to the extent knowable with existing systems and models: (a)  the volume and treated state of the discharge; (b)  the date and time of the discharge; (c)  the expected duration of the discharge; (d)  a brief description of the steps being taken to contain the discharge except for wet weather combined sewer overflow discharges; (e)  the location of the discharge, with the maximum level of specificity possible;  and (f)  the reason for the discharge. 
2.  In addition to subdivision one of this section, as soon as possible, but no later than four hours from discovery of the discharge, the publicly owned treatment works or the operator of a publicly owned sewer system shall notify the local health department or if there is none, the New York state health department, the chief elected official or their authorized designee of the municipality in which the discharge occurred and the chief elected official or their authorized designee of any adjoining municipality that may be affected.   The same notification shall also be provided within the same timeframe to the general public, pursuant to regulations to be promulgated under subdivision four of this section through appropriate electronic media, including, but not limited to, electronic mail or voice communication as determined by the department. 
3.  The department, in consultation with the department of health, shall post reported information on its website expeditiously and shall prepare a report on publicly owned treatment works and sewer system discharges annually.   The report shall, at a minimum, include:  the total number of discharges, details of such discharges including the volume and treated state of the discharge, and the duration and location of each discharge;  as well as any remedial responses taken to mitigate impacts and avoid further discharges. 
4.  The department shall promulgate rules and regulations that are necessary for the implementation of this section.   Such regulations as are necessary for the implementation of the public notification requirements of subdivision two of this section shall provide only for public notification of discharges that may present a threat to public health, considering the potential for exposure and other relevant factors.   Such regulations may also include preconditions for notification of any discharge that is not subject to a permit issued under this title and does not present a threat to public health, considering the potential for exposure and other relevant factors. - See more at: http://codes.findlaw.com/ny/environmental-conservation-law/env-sect-17-0826-a.html#sthash.TtckSdFu.dpuf

5.2 CSO Discharge Information
New York State  -  New York State Department of Environmental Conservation
As discussed in Section 2.0, the New York State Sewage Pollution Right to Know law requires that discharges of untreated and partially treated sewage discharges are reported by POTWs and POSSs to DEC.
New York State Department of Environmental Conservation requires facilities with permitted CSO discharges to post signs at all CSO outfalls to alert the public that the water may be contaminated with untreated sewage after a rainfall event. NYDEC also publishes the 2 hour discharge reports from POTWs and publicly owned sewer systems on their website in a spreadsheet. 
This website also includes a Google Earth Map of CSO outfalls in New York (Google Earth must be installed on your computer to view the map). The map provides location and general facility information, receiving waterbody, and information about CSO overflow events.
Additional information from New York State on CSOs and public reporting also includes information on how to sign up for NY-Alert to receive sewage spill notifications, and a link to view recent sewage discharge reports.

Illinois - Fox River Water Reclamation District (FRWRD)
A portion of the Fox River Water Reclamation District (FRWRD) service area in central Elgin is connected to a combined sewer system (CSS).  FRWRD owns a single CSO discharge point in the system located on Lower Wellington Avenue just north of US 20. FRWRD's website includes a table which provides information on discharge events that have occurred, including the date, rainfall duration, rainfall amount, estimated duration of CSO discharge and the estimated volume of the discharge event. Data began being populated for events starting April 1, 2016. 

New York City, NY - New York City Department of Environmental Protection (DEP)
New York City Department of Environmental Protection is covered by 12 NPDES permits and serves a population of approximately 8 million people. 

New York posts waterbody advisories on its website, which has a color-coded map application based solely on rainfall data and the resulting Combined Sewer Outfall prediction models. The website's map does not reflect real-time dry-weather discharges or actions taken by DEP in emergency events.

The CSO Advisory remains in effect until the time which the computer simulation model predicts that water quality in the receiving water is expected to return to levels that are safe for secondary contact (like canoeing and fishing). The website posts information on rainfall amounts, whether CSO-pollution levels are exceeding public health limits, and which waterbodies are affected.

Onondaga County, NY
Onondaga County, New York (NPDES permit number NY0027081) serves approximately 450,000 people.

The Onondaga County "Save the Rain" website serves as a notification system to alert the public of the occurrence of CSO events and as a prediction of elevated bacteria levels in Onondaga Lake and its' tributaries. The CSO outfalls are mapped on this web page with pushpins at each of the CSO outfall locations to indicate the status of the outfall discharge.  The information on the map is updated using a model to anticipate the quantity of rainfall that will trigger each CSO. The model was developed using U.S. EPA's Storm Water Management Model (SWMM). Real time rainfall data are taken from the weather station at the Metropolitan Syracuse Wastewater Treatment Plant (Metro) and are compared to the trigger values in the model to estimate where and when overflows are likely occurring. Weather station information is transmitted hourly. Should the hourly rainfall meet or surpass the CSO trigger, the outfall will be represented as discharging. The map is a predictive system based on a mathematical model, not collected data.

The "Save the Rain" website also allows residents to sign-up to receive email or text notifications when CSOs are triggered.

Albany, NY  -  Albany Pool Communities
The Albany, New York "Albany Pool Communities" (NPDES permit number NY0025747) make up six CSO communities with nearly 100 CSO discharge points. 

The CSO notification system predicts the probability of sewer overflows discharging into receiving waters resulting from current rainfall conditions. The website provides the public with information about the likelihood of CSO discharges into the Hudson River and its tributaries within the Albany Pool Communities program area.

According to the CSO notification system website, "[s]ite visitors can scroll through the map or change the scale to see more or less of the Albany Pool Communities. The user can also select different municipalities to see CSOs specific to a particular community. The CSO symbols on the map will change color according to the likelihood of CSO discharge as follows:
 Green CSO symbols indicate that a CSO discharge is highly unlikely at that location. This is typical of dry weather conditions and during small, light rainfalls.
 Yellow CSO symbols indicate that a CSO discharge may likely be occurring or will occur in the near future. A CSO symbol turns from green to yellow when a rainfall event reaches 50% of the total rainfall typically required to activate the CSO discharge at that location.
 Red CSO symbols indicate that a CSO discharge is highly likely occurring or has occurred. A CSO symbol turns from yellow to red when a rainfall event reaches 100% of the total rainfall typically required to activate the CSO discharge at that location."



6.0 Ohio
The Ohio state regulations (Ohio Admin. Code 3745-33-08 (2011)), establish standard permit conditions for NPDES permits issued by Ohio EPA.   The standard permit conditions require that permittees must install and maintain permanent signs at each outfall under permit. Outfalls covered by this provision include, but are not limited to, discharges of process wastewater, non-contact cooling water, sewage or discharges from remediation sites, and bypass or combined sewer overflow discharges. At a minimum, signs are to include the name of the permittee, the permit number, and the outfall number identified in the permit. The director may approve variations from these dimensions to increase the legibility or information of the sign." 
Ohio EPA's website provides a map of CSO overflow locations.  Specific overflow occurrence information is not available on the website.
6.1 State Requirements
Cincinnati, OH  -  The Metropolitan Sewer Districts (MSD)
The Metropolitan Sewer District (MSD) of Greater Cincinnati (NPDES Permit Nos. IPX00022*BD; OH0105457) serves a population of about 850,000 people  -  230,000 residential and commercial users and 250 industrial users. Part II.E.9 of its NPDES permit requires MSD to implement a public notification program for areas affected by CSOs, especially beaches and recreation areas. 

MSD issues a CSO advisory via a CSO hotline or email alert when "a rainfall of .25 inches or more is predicted or recorded for Hamilton County, or when water levels in area rivers and streams are elevated and could cause a CSO to occur." Notifications are automated and based on rainfall and river stage data and do not necessarily represent an actual overflow occurrence.  The notifications are also not specific to actual CSO discharge locations. Advisories will remain in place for 72 hours after a rainfall event and 72 hours after water levels in area waterways have returned to normal.

6.2 Signage
Cleveland Metropolitan Area, OH - Northeast Ohio Regional Sewer District (NEORSD)
NEORSD has signs posted at all CSO outfalls which includes a warning that untreated human sewage may be discharged from the outfall during wet weather and that harmful bacteria may be present in the water.
6.3 Map of Discharges
Ohio EPA provides a map of CSO overflow locations.  Specific overflow occurrence information is not available on the website.
6.3 Real Time Water Quality
Cincinnati, OH  -  The Metropolitan Sewer Districts (MSD)
The Metropolitan Sewer District (MSD) of Greater Cincinnati (NPDES Permit Nos. IPX00022*BD; OH0105457) serves a population of about 850,000 people  -  230,000 residential and commercial users and 250 industrial users. Part II.E.9 of its NPDES permit requires MSD to implement a public notification program for areas affected by CSOs, especially beaches and recreation areas. 

MSD issues a CSO advisory via a CSO hotline or email alert when "a rainfall of .25 inches or more is predicted or recorded for Hamilton County, or when water levels in area rivers and streams are elevated and could cause a CSO to occur." Notifications are automated and based on rainfall and river stage data and do not necessarily represent an actual overflow occurrence.  The notifications are also not specific to actual CSO discharge locations. Advisories will remain in place for 72 hours after a rainfall event and 72 hours after water levels in area waterways have returned to normal.

MSD also hosts a website that provides water quality data (E. coli bacteria counts) and river conditions (temperature, velocity and stage) in the Greater Cincinnati area. This website, Recr8OhioRiver, also includes an app that can be downloaded onto Smart Phones. 

6.4 Real Time CSO Discharge
Cleveland Metropolitan Area, OH - Northeast Ohio Regional Sewer District (NEORSD)
NEORSD's CSO reporting program includes reporting of dry weather overflow events, beach closings, and wet weather overflows at 21 CSO sites that are monitored by NEORSD. Activations (event only, no information on start time, duration or volume) at these sites are displayed on the NEORSD CSO Alert website.  The CSO location turns red the first 24-hours following an overflow, then turns yellow until 72 hours has passed and then back to gray.



7.0 Pennsylvania
7.1 State Requirements

7.2 Public Notice Examples
Pittsburgh, PA  -  Allegheny County Sanitary Authority (ALCOSAN)
The Allegheny County Sanitary Authority (ALCOSAN) in Pittsburgh, Pennsylvania (NPDES Permit number PA0025984) serves a community of approximately 900,000 people. 

ALCOSAN provides notifications of sewer overflows and changes in system status via text message and/or email, from May 1 to October 31 annually. ALCOSAN operates the "Sewer Overflow Advisory Key (SOAK)" website which provides overflow alerts from May 1 to October 31. ALCOSAN's consent decree requires a publicly-accessible website with map of SSOs and CSO that includes warning flags and/or signs that indicate where there are public advisory notices.

7.3 PA Signage
Pittsburgh, PA  -  Allegheny County Sanitary Authority (ALCOSAN)
The Allegheny County Sanitary Authority (ALCOSAN) in Pittsburgh, Pennsylvania (NPDES Permit number PA0025984) serves a community of approximately 900,000 people. 

ALCOSAN raises CSO flag alerts, which are orange CSO flags, at eight sites along the rivers where public recreation occurs when the system is in overflow.  The flags warn the general public of possible river contamination and caution them to limit contact with river water especially if they have open cutes or sores. The flags are issued during summer months when river recreation is at its peak.

7.4 Real Time CSO Discharge
Philadelphia, PA  -  Philadelphia Water Department
Philadelphia Water (NPDES permit numbers PA0026662, PA0026671, PA0026689) hosts a CSO public notification website that displays outfall locations, whether the outfall is currently overflowing, or whether the outfall has overflowed in the past 24 hours. Users can search using a river name, creek name, or address. Information on the site is updated daily.

According to the CSOcast webpage, "[t]he Philadelphia Water Department has maintained an extensive flow monitoring network since 1995. Level sensors record data throughout the combined sewer system. PWD currently operates and maintains monitoring equipment at, or near, the 164 CSOs throughout the city. This public notification system is based on PWD analysis of monitoring network data which is used to determine the likelihood of combined sewer overflows. Flow monitoring data presented on this web page is validated with the Philadelphia watershed and wastewater conveyance model. The model was developed using U.S. EPA's Storm Water Management Model (SWMM). Real time rainfall data is taken from the PWD rain gage network and run through the model to estimate where and when overflows are occurring. Model output is then used to validate the monitoring data, ensuring a second level of accuracy."

8.0 Wisconsin
8.1 State Requirements

9.0 Summary of State Information (as updated 2/8/2016)

EPA Region 5: 

Illinois

 Rule
 No state rule in place
 Primarily referencing Section II.B.8 of the federal CSO Control Policy of 1994 and Wet Weather Act of 2000 
 Publicly available CSO discharge list
 Not finding at the state level, CSO communities do have easy to find notification measures in place
 Individual permits
 MWRDGC O'Brien
 G:\NPDES\Working Documents\_Permit Reviews\Illinois\IL0028088 - MWRDGC  -  Obrien\ IL0028088_MWRDGC_OBrien(NS)_FinalPer_2013_12_23.pdf
 Special condition mention of public notification for CSOs

Indiana

 Rule
 CSO Public Notification Rule (327 IAC 5-2.1)
 State Rule: Article 5. Industrial Wastewater Pretreatment Programs, Rule 2.1. Combined Sewer Overflow Public Notification
 http://www.in.gov/legislative/iac/T03270/A00050.PDF
 Publicly available CSO discharge list
 Not finding statewide publicly available CSO discharge list
 IDEM CSO Program Website: http://in.gov/idem/cleanwater/2455.htm
 Individual communities do provide CSO Public Notification in the form of:
 Subscription mailing (email or standard) lists (Goshen, Speedway, Hammond)
 Call ins (Speedway, Marion)
 Online map (Evansville)
 City Website (Rensselare)
 Individual permits:
 Chesterton WWTP (2014): 
 G:\NPDES\Working Documents\_Permit Reviews\Indiana\IN0022578- Chesterton WWTP\Chesterton WWTP permit 2014(2).pdf
 Section III. 8.
 The permittee shall implement a public notification process to inform citizens of when and where CSO discharges occur and their impacts.  This notification must also be done in accordance with 327 IAC 5-2.1
Michigan

 CSO Rule
 CSO Public Notification Rule 324.3112a and 324.3112c
 Natural Resources and Environmental Protection Act, Chapter 324 NREPA Act 451 of 1994 
 Requires responsible parties to report releases of untreated or partially treated sewage (added July 2000)
 http://www.legislature.mi.gov/(S(hckkxxvleroeumxt1rpruypr))/mileg.aspx?page=getObject&objectName=mcl-324-3112a
 http://www.legislature.mi.gov/(S(mmhb2o5rckvu4iak5fcrwc2e))/mileg.aspx?page=getObject&objectName=mcl-324-3112c	

 Publicly available CSO discharge list
 Michigan does put together a CSO discharge annual report, most current available online version is Calendar Year 2013
 MDEQ has a website to search recent discharge events: http://www.deq.state.mi.us/csosso/find_event.asp
 Individual permits
 As per MDEQ, NPDES discharge permits include language regarding CSO discharge reporting and reference NERPA Section 324.3112a

Minnesota: Minnesota does not discharge into the Great Lake, but Mississippi River though Minnesota is a Great Lake state.   

 Rule
 Can't find anything through website
 Publicly available CSO discharge list
 No reference
 Individual permits
 No WWTPs w/ combined lines available for review in NPDES branch working documents
Ohio

 Rule
 Applied under nine minimum controls 9): implements a public notification program for areas affected by CSOs, especially beaches and recreation areas
 Publicly available CSO discharge list
 Multiple Ohio CSO communities maintain websites with information
 Columbus: interactive map to show CSO locations
 Greater Cincinnati: advisories available by phone or email
 Northeast Ohio: notifications w/ locations and dates
 Toledo: location, time, and duration
 Individual permits
 Bucyrus WWTP: Nine minimum controls #9
 G:\NPDES\Working Documents\_Permit Reviews\Ohio\OH0052922 - Bucyrus WWTP\OH0052922_Bucyrus WWTP_FinalPermit_2015_11_12.pdf
 Youngstown: 
 G:\NPDES\Working Documents\_Permit Reviews\Ohio\OH0028223 - City of Youngstown\oh0028223_youngstown_pnprmt_2015_05_15.pdf
  CSO Operational Plan update requires public notification procedures and found in nine minimum measures
Wisconsin 

 Rule
 NR 210.205 combined with NR 210.23 [CMOM]
 NR 210.205: Combined sewer systems and overflows
 NR 210.23 (3)(d): General Standards. A CMOM program shall ensure the following general standards are met; a process is in place to notify the public... of overflows from the sewerage system
 Publicly available CSO discharge list
 Not finding any available CSO discharge lists, although the Milwaukee journal sentinel does make MMSD overflows public weekly
 Individual permits
 No WWTPs w/ combined lines available for review in NPDES branch working documents
 Milwaukee addresses CSO reporting via nine minimum control measures (permit available online)

EPA Region 2: 

New York State:

 Under New York's Sewage Pollution Right to Know Act of 2013 (SPRTK), untreated and partially treated discharges are required to be reported by publicly owned treatment works (POTWs) and publicly owned sewer systems (POSSs) immediately but no later than within two hours of discovery to DEC and within four hours of discovery to the local health departments, public and adjoining municipalities. CSO discharges directly from a treatment plant that operates in accordance with a DEC approved wet weather operating plan are exempt from reporting.
 CSO communities, including those that discharge to the Great Lakes are required to report overflow information to the NY-Alert system.  The public can sign up to receive sewage spill notifications directly to their phone, email or via text message by signing up for NY-Alert.  In addition, recent sewage spill notifications are posted on DEC's website at: http://www.dec.ny.gov/chemical/101187.html including CSO reports. Information received from POTWs and POSSs is summarized on the Sewage Discharge Reports web page at http://www.dec.ny.gov/chemical/90321.html  The information is available to the general public including adjoining municipalities.  Annually, DEC will prepare a report of the discharges. The report will contain the total number of discharges, the volume and duration of discharges and the remedial responses, if any, for discharges.
 Since most CSO locations do not have monitoring, DEC has developed a reporting template that CSO communities can use to direct the public to sewer system computer simulation models or other customized CSO notification tools. 
Reporting requirements under the new SPRTK includes:
 The volume and treated state of the discharge; 
 The date and time of the discharge;
 The expected duration of the discharge;
 A  brief  description  of  the  steps  being taken to contain the discharge (except for wet weather combined sewer overflow discharges);
 The location of the discharge, with the maximum level of specificity possible; and,
 The reason for the discharge.
Additional information is available at http://www.dec.ny.gov/chemical/90315.html 
EPA Region 3:
Pennsylvania:
PA does not make a list of CSO discharges publicly available.  Some cities, like Philadelphia have their own public notification system of active CSO discharges, but that's not in the Great Lakes basin. Erie does not have any public notification requirements, just the standard NPDES reporting requirements. 


