Assemblyman Fred W. Thiele, Jr. (I, D, WF, REF - Sag Harbor) today announced the advancement of legislation that would prohibit mining on contaminated lands within State designated Special Groundwater Protection Areas (SGPAs). This legislation, A.7558 (same as S.5652 sponsored by Senator Ken LaValle), was reported from the Assembly Environmental Conservation Committee on Thursday, June 6, and subsequently reported out of the Assembly Codes Committee on June 11. Assembly bill 7558 is now under the review of the Rules Committee. The advancement of this legislation follows the granting of a preliminary injunction by the State Supreme Court against Sand Land and the State Department of Environmental Conservation (DEC) on May 31.

This legislation would prohibit the DEC from processing any application for mining in designated SGPAs, if there is documented contamination to groundwater or drinking water on the site or attributable to the site, which exceeds federal or state standards. This bill would also end all mining on contaminated sites for one year after the effective date of the new law, and require reclamation of the site within two years of closure.

The State has designated nine SGPAs on Long Island that would be affected by the proposed law, including the South Fork Morainal Forest where Sand Land is located. 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 Sand Land case in the Town of Southampton makes it clear that the State DEC has failed to meet the goals set by the State Legislature in 1987 for SGPAs. The preliminary injunction granted on May 31 was a major victory for our drinking water and our community, but legislative action must be taken to prevent this harmful negligence from occurring in the future,” Assemblyman Thiele stated. “I am pleased to see the Assembly prioritizing the protection of SGPAs and our water. The State Legislature must continue to ensure SGPAs are protected and managed in such a way that maintains or improves existing water quality.”

The legislation awaits further action in the Assembly Rules Committee and Senate Environmental Conservation Committee.