For hundreds of years New York’s industries have dumped toxic substances into landfills, water bodies and into the ground. This dumping, sometimes willful, sometimes accidental, has left a legacy of thousands of sites that are contaminated to some degree with toxic substances. According to the New York State Department of Environmental Conservation (DEC) no cleanup activity can occur at 800 of the most seriously contaminated sites because New York’s cleanup program is out of money.
New York State’s program to cleanup toxic waste sites, the state superfund, has been out of money since March 31, 2001. This means that for more than a year the DEC has had to sit by while these contaminated sites, more of which are discovered every year, leak toxic substances into private and public wells, schools and homes. In addition some of these sites are contaminating rivers and lakes, poisoning fish and other wildlife. The only way that this problem can be resolved is if Governor Pataki and the leaders of the State Legislature agree on a plan to give the state superfund more money. If they fail do this before the Legislature ends its session in June then it is likely that no cleanup will occur at this 800 sites for another year.
According to a nation wide survey conducted by the Agency for Toxic Substance and Disease Registry (http://www.atsdr.cdc.gov/toxhazsf.html) a branch of the U.S. Public Health Service, “uncontrolled hazardous waste sites are a major environmental threat to public health.” The survey sites epidemiological studies which found that people living close to hazardous waste sites have increased incidence of birth defects, liver disease, as well as disorders of the immune and nervous systems.
Unfortunately we know that there is a link between toxic waste sites and breast cancer. For example a nationwide survey of waste dumps and cancer incidence conducted from 1970 through 1979 found that breast cancer is increased in 339 U.S. counties that have hazardous waste sites and ground water contamination as compared with counties that do not have such sites (Jack Griffith and Wilson B. Riggan, “Cancer Mortality in U.S. Counties with Hazardous Waste Sites and Ground Water Pollution,” Archives of Environmental Health Vol. 44, No. 2. March/April 1989 pgs 69-74). While the study found that other forms of cancer were also elevated in counties with these sites, breast cancer was the most elevated form of cancer among women.
Since its inception in 1982 the New York State Superfund has cleaned up 401 hazardous waste sites. The most recent Registry of Inactive Hazardous Waste Disposal Sites lists 864 such sites that are at some stage in the cleanup process. These sites are prioritized for attention according to a 5 category system. It should be noted however that there is often disagreement between the DEC, municipalities and activists about these designations. The discussion that follows lays out a description of the system and should not be read as supporting the classification of any particular site in the registry.
Class one imminent danger to environment or public health, requiring immediate remedial action and immediate legal action. This category is assigned to the sites that present the greatest harm to the public and the environment and are addressed on an urgent basis as they are discovered. Love Canal was discovered prior to the passage of New York’s Superfund Law, but it is the kind of site that would merit a class one designation. There are currently no class one sites in the registry.
Class 2 sites. Class two sites are those that are determined to pose a significant threat to public health or the environment. These sites often have ongoing releases of toxic wastes into the environment, presenting significant harmful exposures to people, animals and environmental resources. Often these sites go through a process of Interim Remedial Measures, where immediate action is taken to prevent exposures from occurring at the time that they are listed. The 2000 report lists 505 sites as class 2 sites. In addition, New York’s registry contains a class 2a designation. Class 2a sites are those where hazardous waste disposal is suspected but further investigation is required. Currently there are 44 class 2a sites.
Class 3 sites are those that are known to contain hazardous wastes, but investigation indicates that the wastes do not pose a significant threat to public health or the environment. These may be sites where low concentrations of wastes are present or where it is determined that there are not ongoing releases that present significant harmful exposures to people, animals and environmental resources. Currently there are 84 Class 3 sites.
Class 4 sites are those that have been cleaned up under the program, but due to the extent and intractability of the contamination, the site requires continuing monitoring and management. Currently there are 215 class 4 sites.
Class 5 sites are those sites that have been cleaned up under the program such that no further monitoring and management is necessary. If it is determined by the DEC that all hazardous waste has been removed or that only an inconsequential amount remains, the site will be removed from the registry. Over the life of the program 170 sites have been delisted in this manner. Currently there are 16 class 5 sites.
In addition to the sites addressed by the State Superfund Program, the DEC Bureau of Remediation also operates a Voluntary Cleanup Program. This program offers a much expedited investigation and cleanup process and is intended to encourage owners of contaminated sites to come forward and sign a cleanup agreement with the DEC voluntarily as opposed to being forced to cleanup the site through departmental enforcement action. This program began in 1994 and is surrounded by controversy. Concerns about the rigor, thoroughness and safety of cleanups under this program have been raised by the Sierra Club and other environmental organizations. Another concern of the Sierra Club is the fact that DEC currently allows parties that are directly responsible for the contamination to enter the program and do an expedited and in some cases less stringent cleanup. DEC charges a significant portion of the costs of this program to the State Superfund Program. According to information contained in the State Superfund Remedial Plan for 1999 and the year 2000 Annual Report of the State Registry of Inactive Hazardous Waste Disposal Sites there are at least 175 sites with signed agreements at various stages of moving toward cleanup
The State Superfund supports one other state program to cleanup contaminated sites,the Clean Water/Clean Air Bond Act of 1996 Environmental Restoration Program. The Bond Act created $200 million in bonding authority, allowing the state to provide up to 75% of the costs of cleaning up contaminated sites owned by municipalities. In addition superfund staff at DEC review and approve all stages of the cleanup from investigation through remediation. In 1996 Sierra Club helped to negotiation language in the bond act implementing legislation that ensures that cleanups under this program are stringent and thorough. The 1999 State Superfund Remedial Plan lists 90 municipal sites that are receiving cleanup funds from this program. DEC staff over see cleanup plans and activities