Assemblyman Fred W. Thiele, Jr. and State Senator Kenneth P. LaValle have introduced state legislation that would prohibit mining on contaminated lands within State designated Special Groundwater Protection Areas (SGPAs).

The legislation would prohibit the State Department of Environmental Conservation (DEC) from processing any application for mining on a contaminated site and would end all mining on contaminated sites for one year after the effective date of the new law. The site then must be reclaimed within two years of closure. Under the proposed law, a contaminated site is one where contamination to groundwater or drinking water on the site or attributable to the site exceeds federal or state standards.

The State has designated nine SGPAs on Long Island that would be affected by the proposed law. They are:

(a) the North Hills area of the Town of North Hempstead;

(b) the area of the Northeastern villages of the Town of Oyster Bay;

(c) the Woodbury road-West Pulaski road area, Town of Huntington;

(d) the West Hills area of the Town of Huntington;

(e) the Oak Brush Plains of the towns of Babylon and Huntington;

(f) the Setauket Pine Barrens, Town of Brookhaven;

(g) the Central Pine Barrens of the towns of Brookhaven, Riverhead and

Southampton;

(h) the South Fork Morainal Forest of the towns of Southampton and

East Hampton; and

(i) the Hither Hills area of the Town of East Hampton.

The State Legislature designated these SGPAs in 1987. The stated purpose of the SGPA legislation was to “assure that such vital areas within designated sole source aquifer areas are protected and managed in such a way as to maintain or improve existing water quality.”

The State Legislature further found in 1987 that, “In the face of mounting cases of groundwater contamination from toxic organic compounds, nutrients, salts and other pollutants, the State needs a program for the designation, protection and management of special groundwater protection areas.” In addition, the Legislature stated that, “It is desirable to maintain natural vegetative and hydrogeological conditions in special groundwater protection areas. Prevention of the contamination of high quality groundwater and the protection of special groundwater protection areas costs substantially less than measures to mitigate harm following contamination. There is a demonstrated need to protect, preserve and enhance the land and water resources of special groundwater protection areas.”

Thiele stated, “The Sand Land case in the South Fork Morainal Forest in Southampton Town makes it clear that the State DEC has failed to meet the goals set by the State Legislature in 1987 for SGPAs. The DEC has done a complete reversal by closing a site which was contaminated under their nose to expanding industrial activities and extending mining for at least another eight years. The DEC is not protecting our water, it is rewarding the polluters. This clearly violates the intent of the 1987 law. The State Legislature must step in to insure SGPAs are protected and managed in such a way that maintains or improves existing water quality as was intended back in 1987.”

Senator LaValle said, “We have the responsibility to assure the availability of clean water for present and future generations. Our obligation is to do our utmost to stop contaminates before they enter the aquifer, well before they become hazards to residents’ health. Ceasing mining activities where the water standards are exceeded is essential to meet our goals. Our legislation is necessary to ensure a healthy water supply.”

The legislation has been referred to the Environmental Conservation Committee in each house of the Legislature.