Filed Under: Environmental Issues | Long Island | Nassau | Land Use | Land Use

Relocating Toxic Waste

County Superfund Sites

Passed in 1980, the federal Superfund law (CERCLA) was designed to identify the most seriously contaminated inactive hazardous waste sites in the nation, make the polluters pay for clean-up, and facilitate the clean-up.  In October of 1986, the Superfund Amendments and Reauthorization Act amended the federal program to increase both citizen and state participation, as well as create a greater focus on the human health consequences of Superfund sites and the need to create permanent solutions to these toxic waste sites.

Nassau County, like many other counties in New York State, has its share of federal superfund sites.  There are currently about 45 federal Superfund sites in Nassau whose status ranges from pending to full remediation. All recommended sites undergo a Hazard Ranking System screening, and based on the results, may be placed on the Superfund’s National Priority List (NPL).  Of the 45 sites in Nassau, 15 are listed under the NPL as a “significant threat to the public’s health and environment.”

The State of New York also initiated its own Superfund program in 1979, known as the Hazardous Waste Remedial Fund, to remediate contaminated sites not toxic enough to be addressed under the federal program.  Under the supervision of the Division of Environmental Remediation of the NYS Department of Environmental Conservation, the State Superfund program has cleaned up or funded the cleanup of approximately 800 sites.  Of these, 15 State Superfund sites in Nassau County have been completely remediated, requiring no further work, while another 13 sites in Nassau have been named Class 4 sites, meaning that while most of the work is done, additional monitoring and maintenance are still needed.  There are another 800 sites in need of remediation, 69 of which are in Nassau County. It is important to note that some of these state Superfund sites are also listed as federal Superfund sites. 

The State Legislature passed a bill in the fall of 2003 that will reauthorize and refinance the State Superfund program, allowing for the cleanup of the aforementioned 800 seriously contaminated sites. Instead of the case-by-case process previously used by the Department of Environmental Conservation (DEC) to evaluate the sites, clear and strict standards will finally be set in place. The new Superfund law will ensure that New York has among the highest cleanup standards in the nation and retains the 'polluter pays' philosophy.

The law allows for the clean up of hazardous substance sites, in addition to hazardous waste sites, which have been excluded from the State's Superfund program for 20 years. DEC has identified 274 hazardous substance sites that may pose a significant threat to public health and the environment that will now be addressed through the Superfund program.

Involved Government Agencies

The EPA’s Office of Solid Waste and Emergency Response, which includes both the EPA’s Superfund Program and the EPA’s Office of Brownfields Cleanup and Redevelopment; the NYS DEC Division of Environmental Remediation; the Nassau Department of Health.

Brownfield Development

Sites that are either fully cleaned or less polluted according to the Superfund laws are now being looked at for their redevelopment potential.  These sites, called “brownfields,” would normally be very attractive to investors for their open space value and their established infrastructure were they not tainted with the possibility of litigation under Superfund laws.  Most states, including New York, with heavy industry and old toxic sites have begun a program to help owners of these sites voluntarily clean up their property in exchange for protection from litigation.  These states are also providing tax incentives to lure new business to the cleaned-up or mildly contaminated site.  Since most brownfields occur in older industrial centers, the program is expected to be a major component in revitalization plans for older urban areas. 

There is a strong consensus in both the public and private sectors that brownfields need to be reused. Brownfield to Undergo Development The controversy resides in the level of clean-up, the liability, and the new development plans.  While businesses and municipalities are concerned about ownership liability issues, environmentalists are concerned that clean-up efforts may be inadequate, that they will be unable to hold industry accountable, and that communities may be saddled with heavy industrial development they do not want.  

Experts estimate that New York has as many as 10,000 acres of brownfields that could be remediated and used for new businesses, housing, parkland, or other uses.  However, brownfield redevelopment in New York has proceeded at a snail’s pace compared with other states because of daunting and unpredictable procedures, the fear of liability, and myriad barriers to community involvement. 

As part of its recently passed bill that would reauthorize the State Superfund program, the State Legislature also voted to create a state brownfield program which will address the clean up and redevelopment of abandoned or underused properties whose contamination deters reuse.  The bill includes highly protective cleanup standards, limited liability relief for participants, strong public participation provisions, and special financial incentives for sites in areas targeted for redevelopment by municipalities or community organizations. 

In June of 2003, the EPA awarded Nassau County $1.2 million for the prevention, assessment, and clean-up of brownfields properties located in Nassau County.  As part of an economic development effort, the county created a Brownfield Initiative to formulate an approach for the remediation and development of the approximately 3,000 brownfields sites in Nassau County.  The County has said that it will use $200,000 of this award for brownfields assessment, particularly in Hempstead Village and Roosevelt, which have an unusually high number of brownfields.  It will use the remaining one million dollars to create a revolving loan fund for the clean-up of brownfields sites throughout the County.

Involved Government Agencies: Both the EPA and the DEC help to develop brownfields both through monetary grants and expert information and are examining incentives and regulatory changes in order to do so.  The County Executive and County Legislature are also involved in brownfields development.