BILL NUMBER: S6789

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
certain mined land-use plans

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to amend provisions of law relating to
mining permits to prevent the contamination of groundwater and other
negative environmental impacts in counties with a population of one
million or more and which draw their primary source of drinking water
for a majority of county residents from a sole source aquifer.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 1 of section 23-2713 of the environmental
conservation law as amended by Chapter 166 of the Laws of 1991 to
provide that land-use plans for mining operations must include a minimum
buffer of ten feet between existing water tables and the mine site in
              

counties with a population of one million or more and which draw their
primary source of drinking water for a majority of county residents from
a sole source aquifer

Section 2. Effective date

 
JUSTIFICATION:

Significant contamination of groundwater may occur when mining oper-
ations and related activities are conducted in close proximity to the
water table.

This has been demonstrated on the East End of Long Island after the
Suffolk County Health Department found iron, magnesium, thallium, sodi-
um, nitrate, ammonia, and radioactivity in the deepest part of the
underground aquifer below a mine in the Town of Southampton.  Contam-
ination levels have far exceeded state and federal drinking water regu-
lations for two contaminants.

This is especially impactful in Suffolk County, which is home to more
than 1.4 million people, that relies on a sole source aquifer as their
primary source of drinking water for the majority of county residents.

A grand jury was empaneled in Suffolk County between July 18, 2018 and
August 2, 2019 regarding illegal dumping and sand mining. In that time,
testimony and evidence was reviewed that highlighted the need for addi-
tional mining legislation to protect Long Island's water quality and
wetlands.

This legislation would prevent permit issuance to sand mines that would
conduct operations within ten feet of the aquifer. This legislation
would not pose a threat to sand mines operating in a safe and responsi-
ble manner.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A.9459
 
FISCAL IMPLICATIONS:

Minimal fiscal impact.

 
EFFECTIVE DATE:
This act shall take effect immediately.