DEC Says Sand Land Will Stop Accepting Debris Next Month

DEC Says Sand Land Will Stop Accepting Debris Next Month

Sand Land, a Noyac sand mine and mulch-composting business that has been accused of polluting groundwater near the site, will stop accepting and processing debris next month, according to a letter from State Department of Environmental Conservation Commissioner Basil Seggos.

The letter, which was provided to The Press by Robert DeLuca, president of Group for the East End, claims that sand mine property owner John Tintle “has committed to stop accepting brush, vegetative waste, concrete, brick, asphalt and other masonry debris as of September 1, 2018,” and “will clean up all such material from the site by October 31, 2018.”

Ms. Seggos also noted that Mr. Tintle “will not look to renew his existing solid waste registration after that time.”

In July, a final report from the Suffolk County Department of Health Services revealed that there was significant contamination to the aquifer that sits below the 50-acre Middle Line Highway site, but Mr. Seggos’s letter failed to mention that report.

Now, civic leaders and elected officials are taking issue with the DEC’s monitoring of Sand Land, which is owned by Wainscott Sand and Gravel, and question whether its promises will be fulfilled.

The letter was sent to three advocacy organizations—the Group for the East End, the Noyac Civic Council and Citizens Campaign for the Environment—in response to an inquiry they sent to Governor Andrew Cuomo earlier this month regarding the state’s plans for Sand Land. All of the group leaders, as well as many local politicians, are calling for Sand Land to be shut down, and cleaned up.

“The thing I find most unusual about the letter is it really spoke as if the mine owner was at an equal footing with the DEC,” said Mr. DeLuca, noting that the activities mentioned in the letter have already been deemed illegal by Southampton Town. He added, of the DEC, “They’re supposed to be in charge. They’re supposed to be protecting the groundwater.”

State Assemblyman Fred W. Thiele Jr. added that “there is nothing about the polluter’s promise that is legally binding. There is no consent order or legally binding enforcement action. On Halloween, we may find, like other statements from the polluter, that this is a trick, not a treat.”

In mid-July Southampton Town Supervisor Jay Schneiderman also sent a letter to the DEC concluding that, although Sand Land was previously operating as a preexisting, nonconforming use, local ordinances prohibit mining in Southampton Town. Now, according to Mr. DeLuca, Sand Land is appealing that decision.

July Newsletter

Highlights

Victory! Governor Cuomo Signs Drug Take Back Act into Law

Governor Cuomo signed the Drug Take Back Act into law, which will help keep unused drugs out of the hands of abusers and out of our treasured water resources. This landmark bill ensures that the multi-billion-dollar pharmaceutical industry—not the taxpayers—will fund a robust, statewide program to provide all New Yorkers with convenient access to safe pharmaceutical drug disposal options. It requires that all chain pharmacies provide a safe drug disposal option for customers and allows police precincts and independent pharmacies to also participate. In July, we celebrated this victory at a press conference with the bill's champion, Senator Kemp Hannon.

Victory! Governor Malloy Signs Improved Sewage Right to Know Law

CCE joined CT Governor Dannel Malloy as he signed a bill strengthening the state's Sewage Right to Know Law. CCE successfully advocated for CT's Sewage Right to Know Law in 2012, which aimed to mandate that residents be notified when a sewage overflow occurs in their area. That law had fallen short in providing all residents in every community with convenient access to timely information on sewage overflows, which is why CCE fought for an improved bill this year. Now, all wastewater treatment plant operators are required to report sewage overflows electronically, making the information available to the public online. The law also requires plant operators to notify municipal leaders about sewage overflows in their communities so those leaders can take actions to protect their residents. A huge thank you to everyone who helped get this necessary public health protection law passed!

CCE Releases 1,4-Dioxane Shoppers Guide

Since the release of our report on widespread 1,4-dioxane contamination in Long Island drinking water last year, concerned residents have asked what personal care products put them at risk of exposure to 1,4-dioxane. This contaminant is a byproduct of manufacturing and is not listed on product labels, so CCE went to work to find the answer! We had 30 personal care products, including shampoos, bath soaps, baby products, and detergents, independently tested for 1,4-dioxane. Of the 30 products, 23 tested positive for the contaminant! To find out which products had high levels of 1,4-dioxane and learn more about our fight to protect public health and our drinking water from this emerging contaminant, check out our shopper's guide.

Happenings

Fighting the Trump Administration's Rollbacks to Endangered Species Protections

In July, CCE's Louis Burch joined U.S. Senator Richard Blumenthal at a press conference condemning the Trump administration's plan to roll back critical provisions of the federal Endangered Species Act (ESA). For the last 45 years, the ESA has effectively helped identify and protect more than 2,300 endangered plant and animal species and their habitats. We cannot afford to lose these crucial protection measures and put our endangered species at further risk.

Ending the Use of Dirty Coal and Fighting Climate Change in New York State

We attended public hearings in WNY and in Albany on the NYS Department of Environmental Conservation's proposed rule to phase out the use of dirty coal power in the state by 2020! We spoke in support of these first-in-the-nation regulations and provided recommendations to make the regulations even stronger by ensuring that the retired coal plants do not repower with fracked gas.

What Causes NY's Worst Cancer Clusters?

Governor Cuomo has announced a new cancer research initiative focusing on exploring environmental factors that contribute to high rates of cancer in certain New York communities. The study focuses on four regions: the western part of the state surrounding Erie County, the eastern part of the state surrounding Warren County, Staten Island, and an area of Long Island including Selden, Farmingville, and Centereach. CCE attended a community meeting on Long Island to discuss the new initiative, the toll high cancer rates have taken on families and communities, and potential environmental issues that contribute to this problem locally.

Creating a Living Barrier Reef in Lido Beach, NY

CCE's Maureen Dolan Murphy joined Town of Hempstead Supervisor Laura Gillen, Senator Todd Kaminsky, Town Councilwoman Erin King-Sweeney, and Town Clerk Sylvia Cabana to launch a living barrier reef around Long Meadow Island, off the coast of Lido Beach on Long Island. The reef is composed of tens of thousands of discarded clam and oyster shells from nearby seafood restaurants. Hundreds of mesh bags containing the discarded shells were linked together and submerged in the Western Bays to restore wetlands and encourage proliferation of oysters and clams.

Saying No to Fracking Waste

Fracking waste threatens our land, water, and health. To help educate municipal recyclers on the dangers of hazardous fracking waste, CCE moderated a panel discussion at the Connecticut Recyclers Coalition Breakfast Series. We joined state and local elected officials, other environmental advocates, and oil and gas industry experts to discuss the potential impacts this fracking waste poses to our communities and our environment.

Restoring Canaan Lake in Patchogue, NY

Canaan Lake in Patchogue was dying, overrun by invasive species and experiencing algal blooms due to excessive nitrogen pollution. The only way to restore water quality in the lake was to drain it, dredge the lake bed to remove any remaining stems and roots of invasive plants, and allow it to refill with groundwater. The first step of this process, draining the lake, has been completed. In July, we joined Suffolk County Executive Bellone, Legislator Calarco, and community leaders to announce that the County has approved the funding for the second step, dredging the lake bed. We look forward to a restored, pristine Canaan Lake for Long Island soon!

Suffolk County Residents: Change Out Your Septic System (and Make a Short Film)

Over the summer and fall, CCE is hosting a series of forums highlighting the importance of reducing nitrogen pollution from outdated septic systems and cesspools. We will be helping residents get grants to change out their old systems for new, on-site, nitrogen-reducing treatment systems through Suffolk County's Reclaim Our Water program. So far, we have held forums for Huntington and Riverhead residents and have received a great response, but community meetings aren't the only way to get out the word on this important issue. Want to help us educate the public on water protection, show off your creativity, and possibly win a cash prize? Reclaim Our Water is holding a film contest and asking residents to make short videos (15 seconds to 1 minute) on the importance of improving our water resources. First prize is $2,000! Learn more about the contest and how to enter.

Upcoming: "The Health and Science of Our Bays: A Fire Island Perspective"

CCE will be co-hosting a forum titled "The Health and Science of Our Bays: A Fire Island Perspective" on August 17, from 10:00–11:30am, at the firehouse at 105 Broadway Walk, in the Village of Saltaire. It will be a discussion with environmental and governmental experts on water quality challenges and solutions. Speakers include Adrienne Esposito from CCE and representatives from the United States Geological Survey, Suffolk County Health Department, and The Nature Conservancy.

Landmark DEC Report Calls for Pharmaceutical Industry to Fund Safe Drug Disposal New York State

Groups applaud critical DEC report--call for legislature to pass Drug Take Back Act before end of session; Safe drug disposal of unused and expired prescription drugs critical to address opioid crisis and protect waters from contamination

Albany, NY—A coalition of environmental, public health, and product stewardship organizations are praising the Governor and DEC for their recently released report (available at dontflushyourdrugs.net), which calls for a robust, statewide safe pharmaceutical disposal program that is funded by the pharmaceutical industry. Governor Cuomo called for the report when he vetoed a poorly crafted pharmaceutical disposal bill that passed the legislature last year. Bipartisan state legislation, known as the Drug Take Back Act (S.7354 –Hannon / A.9576a – Gunther), which would establish a statewide safe drug disposal program funded by the pharmaceutical industry, is pending* in the Senate and Assembly. The groups are calling on the legislature to pass agreed upon legislation before the end of session.


Adrienne Esposito, Executive Director for Citizens Campaign for the Environment said, “The Governor got it right—the pharmaceutical industry must take responsibility for its waste, not the taxpayers. It seems that wherever researchers look for drugs in our waters, they are now finding it. We expect the shellfish and finfish we eat to be a source of nutrition, not opioids. There is a grave urgency to provide all New Yorkers with safe and convenient options for drug disposal, which the Drug Take Back Act will provide. We are counting on the Senate and Assembly to work together and get the bill passed this session.”


Emerging science is demonstrating that pharmaceutical drugs that are flushed are polluting our waters and adversely impacting aquatic life. A 2017 study of the Niagara River found high levels of antidepressants in brains of numerous fish. A 2016 study by Riverkeeper found 16 different pharmaceutical compounds, including those to treat blood pressure, cholesterol, and epilepsy, in the Hudson River. Most recently a study conducted by the Puget Sound Institute discovered trace amounts of oxycodone in bay mussels—the first time that opioids have been found in shellfish.


Dan Shapley, Water Quality Program Director for Riverkeeper said, “Riverkeeper thanks the Governor and the DEC for joining advocates in calling for a safe and convenient drug take back program funded by the pharmaceutical industry. With our partners at Cornell University and the U.S. Environmental Protection Agency, we have conducted first-of-their-kind surveys of pharmaceuticals in the Hudson River Estuary. We have detected 50 different pharmaceutical compounds, with greater numbers found in samples at or near municipal wastewater treatment plant outfalls. Unfortunately, Wastewater treatment plants are not designed to remove pharmaceuticals from the water before discharge. We strongly encourage the Assembly and Senate to pass the bipartisan Drug Take Back Act before the end of session.”


Marcia Bystryn, President of the New York League of Conservation Voters, said, "We are facing an environmental and health crisis due to the improper disposal of pharmaceutical drugs. Flushing and throwing away unused drugs can cause water contamination and negatively impacts public health. A safe pharmaceutical disposal program would improve our water quality and we urge our state legislators in Albany to implement such a program before this session ends." 
A lack of options to safely dispose of unused drugs is contributing to the national drug abuse epidemic that is now the leading cause of injury death in the U.S., ahead of car accidents. Deaths from drug overdoses and chronic drug abuse in New York State have increased 71 percent between 2010 and 2015.


Andrew Radin, Chair of the New York Product Stewardship Council and Recycling Director for Onondaga County Resource Recovery Agency said, "Over 2,000 people in New York die annually from opioid overdose, most commonly from prescription pain relievers. Because 70 percent of people who start misusing drugs get them from the homes of family and friends, the Drug Take-Back Act will save lives by stopping prescription drug abuse at its source."


“The DEC report is an important step for New York that fully aligns with an increasing number of governments across the U.S. that require pharmaceutical companies to fund and manage safe drug take-back programs,” said Scott Cassel, Chief Executive Officer of the Product Stewardship Institute. “Passing a bill will establish New York as a national leader in protecting water quality from improperly disposed medications and addressing the opioid addiction issue head on.”


The report is available at www.dontflushyourdrugs.net


*Senate passed the Drug Take Back Act in April, although the bill was recalled to the Senate, as the Senate and Assembly bills are not same as. The Assembly bill currently sits in the Codes committee.

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Citizens Campaign for the Environment (CCE) empowers communities and advocates solutions for our shared environment and public health and is supported by over 80,000 members throughout New York State and Connecticut. www.citizenscampaign.org

Groups Provide Vision for Water Protection in NYS

During Earth Week, a broad, diverse group of experts announce unprecedented collaborative effort to protect NY waters; New report released: “Protecting Our Water from Source to Tap: A Vision for Water Protection in New York State”

Albany, NY—A network of environmental groups, environmental justice organizations, academia, wastewater treatment operators, drinking water suppliers, and government entities from across New York State released a report today entitled “Protecting Our Water from Source to Tap: A Vision for Water Protection in New York State.” The groups worked in an unprecedented collaboration to develop a menu of options for policies, funding, programs, and actions at the federal, state, and local level that would address New York’s critical clean water needs now and in the years ahead. The groups are sharing the report with policymakers and other key water stakeholders across the state.
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“New York State is making great progress with recent historic investments in water protection, however, we have a long way to go to ensure clean, safe water for all New Yorkers from its source all the way to the tap,” said Adrienne Esposito, Executive Director for Citizens Campaign for the Environment (CCE). “We brought together a diverse group of water experts to discuss emerging threats to our water resources and explore options to protect clean water from the Great Lakes to Long Island’s sole source aquifer, now and in the years ahead. We now look forward to discussions with policymakers across the state that this report will facilitate.” 

Solutions are primarily focused on issues related to wastewater infrastructure, drinking water infrastructure, and source water protection. The report examines new innovative ideas, as well as ways to bolster existing programs that address policy and funding gaps in water protection. While the report recognizes that protecting New York’s water will require significant funding—New York’s wastewater and drinking needs are estimated at over $80 billion over the next 20 years—it also recognizes the need to ensure that when investments are made, clean water is kept affordable for all New Yorkers.

The report was led by Citizens Campaign for the Environment, with financial support from the Charles Stewart Mott Foundation and Park Foundation. Participating groups include Stony Brook University, New York Water Environment Association, Onondaga County Department of Water Environment Protection, Orange County Water Authority, Riverkeeper, New York Rural Water Association, New York Section of the American Water Works Association, Wayne County Water and Sewer Authority, City of Newburgh, Natural Resources Defense Council, The Nature Conservancy, Sierra Club Atlantic Chapter, Port Washington Water District, People United for Sustainable House (PUSH) Buffalo, Partnership for the Public Good, City of Albany POTW, Environmental Advocates of New York, Adirondack Council, New York League of Conservation Voters, and Hudson River Watershed Alliance.

Geoffrey Baldwin, NYWEA President said, “The NY Water Environment Association is honored to collaborate with other environmental advocacy organizations on important water quality issues that affect public health and the environment. Complicated water issues need to be understood by elected officials and the general public, this report helps to communicate well our environmental challenges.” 

Judith Hansen, Chair of NYSAWWA said, “The New York Section of the American Water Works Association (NYSAWWA) was pleased to work with other stakeholders to offer ideas and solutions to the challenges facing New York’s waters. While the NYSAWWA and its members are dedicated to the stewardship of our drinking water resources, we recognize that resolving such problems as harmful algal blooms, emerging contaminants and aging infrastructure requires a true community response with participation from all sectors. The preservation of our quality of life and the protection of the public health depends on our continued collaboration.” 

Jessica Ottney Mahar, policy director for The Nature Conservancy in New York said, “The Nature Conservancy applauds Citizens Campaign for the Environment for convening organizations and experts to discuss threats to New York’s water resources, and for creating this important report capturing many policy opportunities we can work together to advance, building upon the progress already made with state funding and focus on this critical issue.”

Dan Shapley Water Quality Program Director for Riverkeeper said, “New York has taken historic strides to address some of the most important water issues of our day, including the need to upgrade of aging water infrastructure and to protect high quality drinking water at its source. We still have a long way to go to effectively manage watersheds, conserve water and ensure that the cost of needed investments are shared equitably. This document, and the group Citizens Campaign for the Environment convened to produce it, represent another step forward.”

Marcia Bystryn, President of the New York League of Conservation Voters, said, "Citizens Campaign for the Environment has crafted a roadmap for protecting New York's water resources that we are proud to support. Clean water is one of the defining environmental issues of our time and we look forward to working with advocates, elected officials, and other stakeholders to advance this vision." 

“Clean and abundant supplies of water are the life blood of New York’s prosperity. But if we do not respect and protect this essential resource, the repercussions will be irreversible and potentially catastrophic to our economy and quality of life,” said Roger Downs, Conservation Director for the Sierra Club Atlantic Chapter. “We call upon the Legislature and policy makers to use this report as framework for action to sustain New York’s clean water legacy.”

Senate Budget Calls on Pharmaceutical Industry to Fund Safe Drug Disposal in NY

Diverse coalition calls on Assembly and Governor to follow suit in final budget; Safe drug disposal of unused and expired drugs critical to address opioid crisis and protect waters from contamination

Albany, NY—A broad group of public health, sportsmen, product stewardship, and environmental organizations are calling on the Governor and Assembly to support the Drug Take Back Act in the final state budget. The Act was included in the New York State Senate’s budget proposal. The legislation would establish a robust, statewide program to provide safe pharmaceutical disposal for all New Yorkers. Pharmaceutical manufacturers, rather than the taxpayers, would foot the entire bill for implementing the program. Chain pharmacies would be required to provide take-back, while other authorized collectors (e.g. independent pharmacies, local law enforcement) would have the option of participating.


Unused drugs stockpiled in household medicine cabinets or disposed in the trash often end up in the hands of children, teenagers, and abusers, which contributes to accidental poisonings and the opioid crisis. The lack of disposal options is also perpetuating the antiquated practice of flushing unused or expired drugs, which is polluting our treasured waters across the state with trace amounts of pharmaceutical drugs. The DEA, EPA, and numerous other agencies agree that the safest method of pharmaceutical disposal is through take-back programs (i.e., drug collection drop-boxes hosted by law enforcement and retail pharmacies, mail-back programs, or municipal take-back events).

“New York State and local governments are already spending millions of dollars annually on safe disposal programs, yet far too many New Yorkers still do not have convenient access to safe disposal options,” said Adrienne Esposito, Executive Director for Citizens Campaign for the Environment (CCE). “In a year where the state faces a shortfall of over $4 billion, it is unfathomable that the multibillion-dollar pharmaceutical industry pays nothing to deal with its own waste and taxpayers continue to foot the bill. We are counting on the Governor and Assembly to join the Senate in including this critical legislation in the final budget.”

Wastewater treatment systems and septic systems are not designed to remove these contaminants, resulting in pharmaceutical pollution in waters across the state. Recent studies have shown high levels of antidepressants in fish in the Niagara River and the feminization of male fish (produced eggs) in Jamaica Bay that were exposed to hormones (birth control). Most recently, the Hudson Riverkeeper conducted studies on pharmaceutical pollution in the Hudson River.

Paul Gallay, President and Hudson Riverkeeper, said: “When Riverkeeper has partnered with scientists to look for pharmaceuticals in the Hudson River, we've found dozens - including some at concentrations that could affect aquatic life. The Drug Take-Back Act would help remove one important source of water contamination, by establishing a program funded by pharmaceutical manufacturers, not consumers or taxpayers. We are calling on the Governor and the New York State Legislature to pass the Drug Take-Back Act and ensure that pharmacies provide drop boxes to make it easy and convenient for people to properly dispose of unused medications.”

“Pharmaceutical companies are best positioned to minimize the adverse impacts of their products,” said Scott Cassel, CEO and Founder of the Product Stewardship Institute. “Through the Drug Take-Back Act, drug companies will fund the safe drug disposal for all New York residents, giving them incentive to reduce the amount of leftover medication.”

"Pharmaceuticals are among many emerging contaminants being found in the Great Lakes and local waterways, posing new and unknown risks to wildlife, ecosystems, and our drinking water. As part of our action agenda for our shared waters, Buffalo Niagara Waterkeeper will work to minimize the impacts of emerging contaminants and is committed to partnering with government and academic institutions on pharmaceutical take-back programs to keep these contaminants out of our water," said Buffalo Niagara Waterkeeper Executive Director Jill Jedlicka.

In the U.S., eighteen counties and two states (Massachusetts and Vermont) have passed similar manufacturer-funded pharmaceutical disposal laws. This includes Rockland County, which recently became the first local government in New York State to pass this type of law (similar laws have been introduced in Erie and Westchester Counties). Experience has demonstrated that cost to manufacturers is negligible—it is estimated to cost approximately one cent per $10 of medications sold.

A lack of options to safely dispose of unused drugs is contributing to the national drug abuse epidemic that is now the leading cause of injury death in the U.S., ahead of car accidents. Deaths from drug overdoses and chronic drug abuse in New York State have increased 71 percent between 2010 and 2015.


"Over 2,000 people in New York die annually from opioid overdose, most commonly from prescription pain relievers. Because 70 percent of people who start misusing drugs get them from the homes of family and friends, the Drug Take-Back Act will save lives by stopping prescription drug abuse at its source," said Andrew Radin, Chair of the New York Product Stewardship Council and Recycling Director for Onondaga County Resource Recovery Agency.


While the groups strongly support the Drug Take Back Act, they are also advocating that legislators make important improvements to the proposal before it is finalized in the budget. The groups are calling for the program to require the use of drop-boxes, which have been shown to be the most effective method of collection. The groups are also advocating that a convenience standard is established to ensure equal access for all New Yorkers, and that improvements are made to program reporting and education and outreach.
 

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