When wading through a storm drain near Jamaica Bay in New York, Duncan and a friend came very close to drowning.

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In court documents, the government argued that Mr. Lewis didn't ensure the storm drain fed into a waste-treatment facility rather than the creek.

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They pumped sewage into the storm drain until 2:30 p.m.

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"A study was released about three years ago that showed swimmers are 50 percent more likely to become ill if they swim within 50 yards of storm drain outfalls or river mouths -- and that's where the surf is best, " says Michelle Kremer, interim executive director of Surfrider Foundation.

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"As much as they can, they can make sure there is an environment where the utility workers can get to the places they need to do the work, " he said, whether that means helping drain tunnels of storm water or clearing roads of debris.

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