NYSDEC Declares Hoosick Falls & Petersburgh/Berlin Landfills as Potential State Superfund Sites
08/29/2016
DEC Declares Hoosick Falls & Petersburgh/Berlin Landfills as Potential State Superfund Sites
Field Investigations Underway to Determine the Nature, Source and Extent of the Contamination
The New York State Department of Environmental Conservation (DEC) today declared municipal landfills in the Village of Hoosick Falls and Towns of Petersburgh and Berlin to be Potential State Superfund Sites. Preliminary investigations indicate that the sites may contain perfluorooctanoic acid (PFOA), which New York State listed as a hazardous substance on January 27, 2016, making these sites eligible for potential placement on the State Superfund Site Registry. Further investigation, in the form of a site characterization, will determine if there is evidence that hazardous waste was disposed at the landfills and whether any resulting contamination poses a significant threat to public health or the environment.
"DEC remains committed to ensuring a comprehensive clean-up of the contamination in these communities," said DEC Commissioner Basil Seggos. "Identifying these two landfills as P-sites is the next step in the state's ongoing response to provide residents in these affected communities the information and protection they deserve."
PFOA is believed to have been disposed at both landfills. Monitoring wells at the Hoosick Falls site were found to contain concentrations up to 21,000 parts per trillion (ppt) of PFOA, and samples from leachate on the Petersburgh/Berlin site were found to contain concentrations up to 4,200 ppt of PFOA.
The Hoosick Falls Landfill is owned by the Village of Hoosick Falls and was used as a landfill starting in the mid 1930's until it stopped accepting waste in 1993 and was closed in 1994. The Petersburgh Landfill, located in the Towns of Petersburgh and Berlin, has been jointly owned by the Towns since 1982 and ceased accepting waste in 1991.
DEC, in consultation with New York State Department of Health (NYSDOH), is responsible for the investigation and remediation of all suspected or known inactive hazardous waste disposal sites. Comprehensive field investigations will be performed to determine the nature, source and extent of suspected contamination. As information for these sites becomes available, it will be reviewed by the NYSDOH to determine if site contamination presents public health exposure concerns. If hazardous waste representing a significant threat to public health or the environment was disposed of, DEC may list the site as a Class 2 State Superfund site and use its full authority under the State Superfund law to ensure that all remedial measures are carried out expeditiously.
DEC's investigation will include a search into past disposal practices at these landfills, and will include any tips received from the public regarding potential illegal dumping at these facilities. Anyone with information relevant to this investigation should visit the DEC Tips Hotline webpage on DEC's website.
The State Superfund Program is an enforcement tool that provides the necessary resources for the state to launch investigations into the nature and extent of contamination and hold the parties responsible accountable for the remediation of these sites. Through the terms of the Superfund program, DEC will seek to identify potentially responsible parties that disposed of hazardous wastes and hold them accountable for costs associated with the investigation and remediation.
DEC's letters to the towns can be viewed by clicking on the following links:
Letter to Hoosick Falls Officials (PDF, 726 KB)
Letter to Petersburgh and Berlin Officials (PDF, 732 KB)
http://www.dec.ny.gov/press/press.html
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DEC and DOH Demand Reimbursement from EPA for State Costs Incurred during Hoosick Falls Response that are not Paid by Polluters
08/30/2016
DEC and DOH Demand Reimbursement from EPA for State Costs Incurred during Hoosick Falls Response that are not Paid by Polluters
State Has Already Spent Almost $25 Million with at Least $50 Million in Additional Costs Expected
Confusing, Conflicting Guidance from EPA Exacerbated Hoosick Falls Situation
Commissioners to EPA Administrator McCarthy: "EPA has chosen not to regulate PFOA in drinking water-forcing state and local governments to adapt to confusing, changing, and inconsistent guidance"
Today, Department of Environmental Commissioner Basil Seggos and Department of Health Commissioner Howard Zucker officially requested that the U.S. Environmental Protection Agency reimburse New York State for any costs incurred during the response to the situation in Hoosick Falls that are not ultimately paid by the polluters.
In the letter, the commissioners make clear that the changing, conflicting guidance from the EPA about PFOA exacerbated the challenge in Hoosick Falls, resulting in undue public confusion and the marshaling of unprecedented state resources in order to adapt to the EPA's shifting advisories and recommendations.
"In a span of a few months, the EPA shifted their position repeatedly - changing the level from 400 parts per trillion to 100 parts per trillion in a single town, and then changing the national advisory level from 400 parts per trillion to 70 parts per trillion. In addition, the EPA has had different guidance for what to do when any of those levels are actually exceeded," said Commissioners Zucker and Seggos in the letter. "This generated undue public anxiety and different strategies and deployments for our agencies, resulting in the state marshaling unprecedented resources in order to adapt to the constantly shifting guidance and recommendations from the EPA. As a result, the EPA should reimburse the State for any costs not ultimately borne by the responsible parties."
To date, the state has already incurred close to $25 million and anticipates at least $50 million in additional costs in the coming years, including biomonitoring, installation and ongoing maintenance of home point of entry water treatment (POET) systems, full site remediation, and identification and connection to a permanent alternative water supply. The state remains fully committed to holding the responsible parties accountable for their actions.
Given the EPA's conflicting and inconsistent recommendations, the Commissioners also requested that the EPA provide standardized guidance for when a water system should be taken offline and when bottled water should be provided in the case of an exceedance of a health advisory level.
These requests were made in a letter to EPA Administrator Gina McCarthy (PDF, 206 KB).
http://www.dec.ny.gov/press/press.html