Spitzer Backs Assembly Superfund/Brownfields Legislation

Attorney General Spitzer expressed support for a comprehensive new legislative proposal that would clean up the state's toxic sites. Recently introduced by Assemblymember Thomas DiNapoli, Chair of the Assembly Committee on Environmental Conservation, the bill would replenish the bankrupt state Superfund and establish a new brownfields site cleanup program.

"Every corner of New York is saddled with toxic waste sites that must be cleaned up thoroughly and quickly," said Attorney General Spitzer. "The longer we wait, the more environmental damage will be done. It is imperative that the state Legislature take immediate action and Assemblymember DiNapoli's legislation is the most comprehensive and responsible approach to this pressing problem."

The DiNapoli bill refinances the state Superfund program and establishes a brownfields program in a way that protects public health, cleans up groundwater and maintains the existing law's "polluter pays" principle. New York's superfund was established in 1982 to clean up the state's most contaminated toxic waste sites. With 800 toxic sites still needing to be addressed, the Superfund program has run out of money. The DiNapoli bill provides $200 million annually over ten years to clean up Superfund sites.

The state is faced with the challenge of encouraging development of less contaminated brownfields sites while ensuring adequate cleanups.

"The DiNapoli bill strikes the best balance between facilitating development of brownfields sites and protecting public health and natural resources," said Spitzer. "Adoption of the DiNapoli bill would give New York the best brownfields program in the nation."

The DiNapoli bill adopts the goal of a complete and permanent cleanup without restrictions on how a property would be used, while streamlining the procedures for investigating and remediating the sites.

The most streamlined approach would apply to brownfields sites that do not significantly threaten public health or the environment. Sites that do pose a significant threat would continue to receive careful investigation and remediation.

Under the DiNapoli bill, the state Department of Environmental Conservation would determine the likely future land use of the site and consequently the required level of cleanup.

The Attorney General was encouraged by Sen. Carl Marcellino's efforts to secure passage recently of a Senate Superfund/brownfields bill even though the bill has significant shortcomings. "The fact that the Senate has addressed the issue is a hopeful sign of movement on this legislation this legislative session," Spitzer said.

The Attorney General's Office is closely involved in state programs to clean up toxic sites and oil spills. The Attorney General's Office goes to court to recover cleanup costs when polluters refuse to clean up toxic sites or oil spills.