BILL NUMBER: S3253
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
certain mined land-use plans
 
PURPOSE:
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 most 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 most 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 near the water table. This
has been demonstrated on the East End of Long Island after the Suffolk
County Health Department found iron, magnesium, thallium, sodium,
nitrate, ammonia and radioactivity in the deepest part of the under-
ground aquifer below a mine in the town of Southampton. Contamination
levels have far exceeded state and federal drinking water regulations
for two contaminants.
This is especially impactful in Suffolk County which is home to more
than 1.4 million people that rely on a sole source aquifer as their
primary source of drinking water for most 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, testi-
mony and evidence was reviewed that highlighted the need for additional
mining legislation to protect Long Island's water quality and wetlands.
This legislation would prevent permit issuance to sand mines that
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.
 
LEGISLATIVE HISTORY:
2024 S.6789;
2021-22 A.9459
 
FISCAL IMPLICATIONS:
Minimal fiscal impact.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S3253: 23-2713 environmental conservation law, 23-2713(1) environmental conservation law