Resource Needs of New York State and Long Island
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Legislative Commission on Resource Needs of New York State and Long Island |
| Fall/Winter 2006 • Thomas P. DiNapoli, Chairman • Volume I |
This past legislative session, the legislature reached agreement on a number of important environmental measures, first and foremost, providing $225 million for the Environmental Protection Fund (EPF), a $75 million increase in funding. The EPF provides funding for a variety of environmental programs including water quality projects such as non-point source programs, local waterfront revitalization, and various watershed and estuary management programs as well as new initiatives focusing on the Ocean and Great Lakes and Invasive Species. Another significant legislative success was the passage of the New York Ocean and Great Lakes Ecosystem Conservation Act which will set forth the State’s policy, informed by good science and broad public participation, to conserve, maintain and restore the coastal resources, in a way that maintains its ecological health and integrity, while allowing for sustainable use. The EPF includes $3 million to fund this new program.
This year, the Assembly passed the Great Lakes – St. Lawrence River Basin Water Resources Compact, making New York State the first of the Great Lakes States to take any action on this historic compact. When enacted by all of the Great Lakes States, this Compact will implement a water management system throughout the Great Lakes Basin. The Assembly also passed numerous other important environmental bills, such as the Bigger Better Bottle Bill, the Private Well Testing Act, the Community Preservation Fund and the Wetlands Protection Act. In spite of widespread support from numerous groups throughout the State, the Senate has yet to vote on these bills. The Commission’s staff will continue to be involved in a wide and varied agenda of water-related issues in the coming year. State ratification of the Great Lakes Compact, review of the revised State Cleanup Regulations and the Groundwater Remediation Strategy, and dam safety are just a few of the issues that Commission staff will follow and report on in future newsletters. As always, I welcome hearing your ideas and concerns. Please feel free to contact me or members of my staff at (518) 455-3711 or (516) 829-3368.
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Assembly Provides Record Increase in Environmental Funding |
For further information concerning these programs visit DEC’s website |
| Enhanced Bottle Bill would Assist Beach Cleanup |
Assemblyman DiNapoli is the primary sponsor of the “Bigger Better Bottle Bill” (A.2517) which passed the Assembly once again this session. In spite of widespread support, the Senate companion bill did not come up for a vote. This legislation would expand existing law to cover bottled water, iced tea, juices and sports drinks in disposable containers, which were virtually unknown in 1983 when the original bottle bill was passed. Now they make up more than 21% of beverage sales, and bottled water sales are growing faster than any other beverage. Non-deposit beverage containers make up nearly two-thirds of the bottles and cans littering New York’s shorelines. The original Bottle Bill has been one of New York’s most effective recycling initiatives with an average statewide return rate of 75%. In the first year this law went into effect, the State experienced a 70% reduction in beverage container litter. The Bigger Better Bottle Bill will continue to be a legislative priority for Assemblyman DiNapoli and he remains committed to the goal of seeing this bill become law in New York State. |
| New Drinking Water Rules |
The Stage 2 Disinfectants and Disinfection Prolonged ingestion of disinfection by-products may increase the incidence of bladder cancer, as well as reproductive and developmental health risks. The DBP rule will apply to all community and non-transient non-community water systems that incorporate or deliver water that has been disinfected by a means other than ultraviolet light. Non-transient non-community systems include schools, offices, etc. that serve the same people more than 4 hours per day at least 26 weeks per year. This rule will require drinking water systems to limit exposure to disinfectant by-products in treated drinking water by meeting maximum contaminant levels (MCLs) at each monitoring location. The previous rule utilized a system-wide average instead of individual monitoring locations. EPA estimates that when plants are required to add treatment, the average annual household cost will increase by $5.50. Depending on system size, compliance monitoring will begin between 2012 and 2016. All systems must be in compliance with the DBP rule at the end of a full year of monitoring. The Long Term 2 Enhanced Surface Water Treatment Rule (LT2 Rule) The LT2 Rule was designed to reduce illnesses from microorganisms such as Cryptosporidium and Giardia in drinking water and applies to all public water systems that use surface water or ground water under the direct influence of surface water. Additional treatment requirements are targeted to higher risk systems (including all unfiltered systems and filtered systems with cryptosporidium in their sourcewater). Action must be taken to reduce risks from uncovered finished water storage facilities and to ensure that systems maintain microbial protection as they reduce the formation of disinfection by-products. Two years of monthly monitoring will be used to determine treatment requirements. Implementation will be staggered, with systems serving at least 100,000 to start monitoring in October 2006, and systems serving fewer than 10,000 in October 2008. EPA estimates the average household cost for implementing this rule to be less than $12 per year. Ground Water Rule (GWR) Public water systems that use ground water may be susceptible to fecal contamination that can contain disease-causing pathogens. The proposed rule has five major components: a periodic sanitary survey; hydrogeologic sensitivity assessment to identify wells sensitive to microbial fecal contamination; source water monitoring to test for the presence of E. coli, enterococci, or coliphage; corrective action; and compliance monitoring to ensure treatment technology reliably achieves 4-log inactivation or removal of viruses. The GWR will apply to all public water systems served by ground water and any system that mixes surface and untreated ground water (about 157,000 systems nationally). EPA estimates the annual household cost will increase from $2.45 to $19.37, with the average increase expected to be $5 per year. The waterborne viral illnesses should decrease by approximately 57%, or 96,300 illnesses each year; the number of deaths resulting from waterborne illness should also decrease. EPA expects to issue the final GWR in October 2006. Proposed Revisions to the Lead and Copper Rule (LCR) Lead and copper enter drinking water primarily through plumbing materials. Exposure to lead and copper may cause health problems ranging from stomach distress to brain damage. Currently, if lead concentrations exceed an action level of 15 ppb or copper concentrations exceed an action level of 1.3 ppm in more than 10% of customer taps sampled, the system must take action to control corrosion. If the action level for lead is exceeded, the system must also inform the public about steps they should take to protect their health and may have to replace lead service lines under their control. The proposed LCR requires water suppliers to: optimize their treatment system to control corrosion in customers’ plumbing; determine tap water levels of lead and copper for customers who have lead service lines or lead-based solder in their plumbing system; rule out sourcewater as a source of significant lead levels; and, if lead action levels are exceeded, to educate customers about lead and suggest actions to reduce exposure through public notices and public education programs. If, after installing and optimizing corrosion control treatment, water continues to exceed the lead action level, water supply systems must begin replacing the lead service lines under its ownership. The public comment period closes on September 18, 2006. For more information, visit EPA’s website at http://www.epa.gov/safewater/lcrmr/index.html#. New Arsenic Rule in New York EPA’s new standard of 10 micrograms per liter (ug/l) for arsenic in drinking water became enforceable on January 23, 2006. The New York State Department of Health (DOH) has proposed lowering current State regulations to meet this standard. Determination of compliance will be based on an annual average for systems that monitor more frequently than annually. Systems monitoring arsenic less frequently will have to initiate quarterly monitoring if the maximum contaminant level (MCL) is exceeded. A violation will not officially occur until the system has completed one year of quarterly sampling and the running annual average is greater than the MCL. According to DOH, 58 water supply systems in NYS have reported arsenic concentration in excess of the revised MCL – most of these systems serve fewer than 3,300 households (the individual systems exceeding the MCL were not identified). Exceedances were identified in the following Counties: Allegany (6), Broome (2), Cayuga (2), Chenango (1), Columbia (1), Dutchess (1), Greene (6), Jefferson (1), Madison (1), Oneida (3), Oswego (26), Otsego (1), Putnam (1), Rensselaer (1), Schoharie (1), Schuyler (1), Sullivan (1), and Westchester (1). DOH has estimated the average annualized compliance cost for these systems will be between $11,664 and $15,828 per system, and has proposed to allow variances from the requirements of these regulations. For more information, contact DOH’s Bureau of Water Supply Protection at (518) 402-7650. |
| Hearings lead to Action |
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On February 6, 2006, a Dam Safety hearing was held at the Schenectady County Community College, near the Gilboa Dam. This hearing followed a recent dam failure in Washington County and extensive flooding around the State, including in the Catskill Region where several of New York City’s water supply dams are located. The hearing examined various dam safety concerns including regulatory oversight of dams in New York State. The resulting legislative proposals include A.9517, which requires DEC to provide copies of dam safety inspection reports to the Chief Executive Officers (CEO) of municipalities where intermediate or high hazard dams are located. This bill was signed into law (Chapter 17 of the Laws of 2006). Additional legislative proposals resulting from this hearing include: A.11586, a comprehensive bill directed at enhancing the existing dam safety program in NYS; A.9515-B, which requires DEC to undertake a review and analysis of the structural integrity of high hazard and intermediate hazard dams; and A.9516-A, which requires DEC to annually review dam maintenance plans and operations. These bills passed the Assembly, but had no Senate Sponsor. Ocean and Bays New York State’s diverse ocean and coastal resources are of tremendous environmental, social and economic value. Major indicators show that the State’s well-being is dependent in large measure on the well-being of its coast. Unfortunately, pollution, invasive species, habitat alteration, over-fishing, and even climate change have all had negative impacts on our ocean waters and coastal resources. In October 2005, the Assembly Environmental Conservation Committee held a hearing to examine the health of New York’s ocean resources and to focus attention on reversing these negative impacts. In response to this hearing, Assemblyman DiNapoli sponsored A.10584-B, the New York Ocean and Great Lakes Ecosystem Conservation Act. This bill directs the development of policy and principles to guide governance of coastal ecosystems and creates the New York Ocean and Great Lakes Ecosystem Conservation Council to integrate and coordinate the State’s programs, institutions and activities that affect coastal ecosystems. The Council is directed to report to the Governor and the legislature by November 2008. This bill passed both houses of the legislature and was signed by the Governor as Chapter 432 of the Laws of 2006. With this new law, New York State takes a critical step in achieving healthy, diverse, productive and resilient ocean and Great Lakes resources. In addition, $3.2 million was included in this year’s Environmental Protection Fund for Ocean and Great Lakes initiatives. Water Quality in the Adirondacks Water quality concerns are not limited to the ocean or coastal areas. In 2005, the Assembly held a hearing on water quality in the Adirondacks soliciting testimony to assist State and local policy makers in determining how to address invasive species and mercury levels in the Adirondacks. A number of recommendations came out of this hearing, including funding of invasive species programs in the State. This year, the Assembly was able to secure $3 million in the EPF to fund invasive species initiatives. |
| We’re Being Invaded! |
In 2003, the legislature passed a law establishing the Invasive Species Task Force. Last year the Task Force completed its deliberations and reported to the Governor and the legislature. One of its major recommendations was the creation of an overarching plan for the management of all invasive species in New York State. The Task Force recommended that implementation and evaluation of ballast water controls, including vessels declaring no ballast on board, are necessary to make significant progress toward preventing the establishment of new invasive species. There is $3 million for invasive species programs in this year’s Environmental Protection Fund.
Most concerned parties agree that it would be best to control aquatic invasive species through action at the Federal level, but the federal government has failed to take any meaningful measures on this issue to date. Existing federal law already requires the exchange of ballast water to occur prior to entry into the Great Lakes Basin. In practice, however, ships declaring no ballast on board (NOBOB) are not subjected to testing to ensure compliance with this requirement. NOBOBs often carry tons of residual ballast water and sediments in their ballast tanks, but may not have executed ballast water exchange at sea. Since ocean-going vessels started using the Great Lakes Seaway in 1959, 36 of the 50 invasive species introduced into the Great Lakes are believed to have originated from ocean-going vessels. Legislative proposals have been advanced to deal with invasive species, both in ballast water and through other media. The Assembly’s Environmental Conservation Committee is reviewing available information to ensure that proposals advanced will result in effective reductions in established invasive species, or prevent the establishment of new ones. The problem of invasive species is sure to remain on our watch list for quite some time, and we will provide updates in future newsletters as developments are made. |
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Assembly would Protect Residents with Private Wells |
This leaves people using private wells around the State unprotected, and often unaware that there may be problems with their drinking water. In 2004 and 2005, the Assembly held hearings that highlighted the situation facing residents in areas where contamination has migrated from old industrial sites into their drinking water through contaminated groundwater, and into the very air they breathe in their homes through contaminated vapors migrating through the ground. To address this threat, Assemblyman DiNapoli sponsored legislation (A.6459-A), which passed the Assembly this year, requiring the testing of water from private wells on the transfer of property. This would provide purchasers with the knowledge necessary to protect themselves, and would ensure that clean water is a right for all, not just for some. The Senate did not support this measure. Nowhere in our State is immune to groundwater contamination problems. The Department of Environmental Conservation’s (DEC) Draft Policy for Evaluating the Potential for Vapor Intrusion at Past, Current, and Future Sites, estimates that solvents or other volatile chemicals have been disposed of at over 750 sites around the State resulting in contaminated soil or groundwater. These sites, as well as many others, may pose a threat to drinking water. Just last year, water wells of over 100 homes in the Hamlet of Redwood, Jefferson County, were found to be contaminated with arsenic, lead and copper at levels hazardous to human health. In Dutchess County, EPA has listed an area around Hopewell Junction as a Superfund site and 150 homes there have been found to be contaminated by volatile organic compounds as of early 2006. Of these homes, 141 measured vapor intrusion in their sub slab and 46 homes have vapor mitigation units installed; 123 have contaminated wells, with 51 carbon filtration systems installed by EPA. Unfortunately, discoveries like this are becoming more common.
MtBE is another contaminant of concern. In West Hempstead (Long Island), over 32,000 residents were told not to drink their water in early July because it was contaminated with MtBE. While MtBE has been measured in drinking water on Long Island in the past, this health alert marked the first time that levels in public drinking water there exceeded the State drinking water standard of 10 parts per billion. The potential for more MtBE sites to crop up is high. DEC records show approximately 15,000 petroleum spills annually. New York banned MtBE from gasoline in 2004, but it has been estimated that approximately 50% of spills reported from 1972 to 2004 may have included MtBE contamination. This translates into approximately 7,000 spills annually for 32 years that may have contaminated groundwater with MtBE. Private well testing is an important public protection measure that will continue to be a priority for the Commission in the coming Legislative session. |
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2006 Legislative Update |
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Legislation related to water quality, quantity and conservation Signed into Law
Passed Assembly
Other Legislation of Interest
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4 Empire State Plaza, 5th Floor • Albany, NY 12248
Legislative Commission on
To further our efforts to reduce waste, please inform us if you have a change in address by calling us at (518) 455-3711, faxing us at (518) 455-3837, or writing us at the above address. |
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