New York Rural Water Association: News - Legislative/Regulatory Issues

New York Rural Water Association (NYRWA) acts as an advocate on behalf of rural water, wastewater, and solid waste systems regarding legislative and regulatory issues. We assist and promote beneficial federal and state legislation and we provide a voice for small systems on regulatory matters.

In addition to its advocacy, NYRWA serves as a liaison between the government and rural water, wastewater, and solid waste systems. We provide our members with updates regarding current and pending regulations. This information is disseminated through our magazine, newsletters, staff visits, training sessions, and this page.

Please review the following regulatory updates and discussions of pending legislation and budget items. Please e-mail at nyrwa@nyruralwater.org with any questions or comments.

Hinchey Gains Influential Seat On Powerful
House Appropriations Subcommittee on Defense

Washington, DC - Congressman Maurice Hinchey (D-NY) issued the following statement after gaining an influential seat on the powerful House Appropriations Subcommittee on Defense. The congressman will also continue serving on the House Appropriations Subcommittee on Interior, Environment, and Related Agencies and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies.
"I am very pleased to be joining the House Appropriations Subcommittee on Defense, which will enable me to secure significant federal funding that will create and protect jobs at local defense-related companies in the congressional district I represent; advance the research and development of solar energy products for defense and commercial applications; and ensure that the forthcoming withdrawal of U.S. troops from Iraq is carried out in a thoughtful and responsible manner.
"The Defense Appropriations bill is by far the largest funding bill that Congress passes each year and I am looking forward to having a much more direct role in determining how those critical dollars are spent. New York has a significant number of defense-related companies that have consistently produced high quality, state of the art equipment for our military, and as the sole member from New York on the subcommittee I will ensure that the state's interest are well-represented. I intend to use my new position to continue and expand the work of those local companies, which will benefit our troops while also helping to protect and create new jobs for our area.
"This new position will also enable me to help the U.S. become a greater leader in the research and development of solar and other forms of renewable energy products. As the single largest consumer of energy in the world, the U.S. military stands to benefit greatly from investments in solar energy products. A greater commitment to renewable energy will lower the military's operational costs, reduce the frequency that combat troops need to refuel and repower equipment, and help the environment through lower greenhouse gas emissions.
"I'm confident that New York is well-positioned to play a significant role in developing the solar technology needed for the military to become more efficient and effective and I'm looking forward to directing federal funds for that purpose. Over the last two years, I've worked to establish and advance The Solar Energy Consortium (TSEC) -- an industry-driven, non-profit organization that provides leadership, organization, resources, and support for the establishment of a major solar energy industry cluster in New York. Through federal funding I've secured, TSEC has been able to attract several major solar manufacturers to upstate New York, which are expected to create hundreds of new jobs over the next several years. I look forward to building on the successes we've already had in upstate New York through my new position on the House Appropriations Subcommittee on Defense.
"With President-elect Obama set to take office in less than two weeks, I am also looking forward to ensuring that the U.S. military has the appropriate resources and oversight needed to carry out a responsible withdrawal of forces from Iraq. Our troops have been unnecessarily forced to continue operations there and it's time to bring them home while also ensuring that our military leaders in Afghanistan have the resources they need. At the same time, I intend to ensure that the U.S. finally puts an end to the illegal detainments at Guantanamo Bay and that the military carries out humane and fair policies that forbid torture and other actions that are inconsistent with the Constitution and the United States' role as a world leader of democracy, freedom, and justice."

The NYS Assembly has begun examining issues related to wastewater infrastructure. In last year's State Budget, the Legislature provided the DEC with $300,000 to examine the wastewater infrastructure funding needs for the state. DEC's report, released in March 2008, identified a need of $36.2 billion over the next 20 years for repair, replacement and updating of NY's municipal wastewater infrastructure.

The NYS Budget included $15 million for the required 20 percent state match to the federal Clean Water State Revolving Fund, which provides low-interest loans to municipalities for wastewater infrastructure projects. The State Budget also included a $2 million increase in the Water Quality Improvement Projects category of the State Environmental Protection Fund, for a total of $12 million.

Until recently the federal government was the primary source of funding for 90 percent of wastewater infrastructure. Today, federal funding sources have decreased by over 70%. In January 2008, Assemblyman Sweeney wrote to NY's Congressional representatives, urging them to include funding to assist NY in making upgrades to its crumbling wastewater infrastructure, noting that New York currently faces a tremendous funding gap for critical water and wastewater infrastructure.

On April 15, as part of the Assembly's Earth Day package, NYS Assembly passed a Resolution to Congress (Resolution K1422) requesting increased funding for wastewater infrastructure. The resolution recognized that wastewater infrastructure is critical to ensuring public health and the environment, and that investments in wastewater infrastructure will protect the environment, create employment, provide a stimulus to the economy, and lay the groundwork for long-term smart growth.

Assemblyman Sweeney is also working with the United States Congress to help secure greater funding from the federal government for infrastructure projects. The National Infrastructure Development Act (HR.3896), co-sponsored by Congressman Steve Israel (D-NY), would establish a National Infrastructure Development Corporation to facilitate investment in critical infrastructure including transportation and water infrastructure at the state level.

S. 7560-A (Alesi) which establishes an education program to instruct consumers how to safely dispose of drugs so they are not released into water supplies, has been signed by the Governor, and is Chapter 625 of the laws of 2008. NYRWA supported this bill.

CHANGES in NYSDEC CERTIFICATION APPLICATION FILING and ABC EXAM

All wastewater operator certification applications must now be submitted directly to the NYSDEC Central Office in Albany. In the past, applications were first submitted to the Regional Office in your area. The application and supporting documents e.g. training completion certificates must be mailed to:

Another significant change is you do not include payment with the application package. After DEC approval, applicants will receive an approval letter with instructions for registering for their exam. The candidate can then schedule and pay for their exam through Applied Measurement Professionals (AMP). The cost is $85. The exams are offered twice per day, Monday through Saturday, at several AMP test sites throughout New York State or in neighboring states. The exam is still 100 multiple choice questions and still three (3) hours long. You will get your test results instantly at the completion of the exam. Applicants will be allowed to take the exam as frequently as every 90 days. Visit the following website for changes in filing and testing - www.dec.ny.gov/chemical/23826.html.

When applying, please use the new forms for the Application for Approval of Qualifications for WWTP Operator and the Statement of Experience at www.dec.ny.gov/chemical/8707.html

Drug Disposal Bill Passes State Senate and Assembly and will now go to the Governor for Approval

This Bill provides for the management and disposal of drugs by requiring the Department of Environmental Conservation, in consultation with the Department of Health, to develop and implement a public information program on the proper disposal of drugs pursuant to this title. Also, the DEC, in consultation with the Department of Education, would establish a notice containing information on the proper storage and disposal of drugs, which shall be displayed in pharmacies.

EPA is issuing a proposed 2008 Construction General Permit (CGP) for public comment. Because EPA is also in the process of developing a national regulation, called an Effluent Limitations Guideline for the Construction and Development Industry, the Agency is proposing to issue this 2008 CGP for a period of two years using the same terms and conditions as the 2003 CGP (which expires on July 1, 2008). Upon completion of the Effluent Guideline, the Agency will develop and issue a new (and improved) CGP that incorporates the provisions of the Effluent Guideline as soon as possible and not later than July 2010. EPA is the pemitting authority in five states and most territories and Indian Country lands. This proposed permit is available for public comment for 30 days. To find the proposed permit, information on submitting comments, and more information on the relationship of this permit to the Effluent Guideline, please visit www.epa.gov/npdes/stormwater/cgp

Join us for our second webcast on Combined Sewer Overflow (CSO) issues. This webcast will focus on the nine key elements of a CSO Long Term Control Plan (LTPC). Long Term Control Plans are being developed by over 800 communities nationwide. Addressing the complex issues surrounding the reduction of sewage overflows from combined municipal wastewater systems and documenting the steps that a community will take to meet water quality goals can be a challenging task. This webcast will provide information and guidance on developing elements of an LTCP, including: system characterization, monitoring and modeling, public participation, evaluation of alternatives, and cost/performance considerations. To register for this free webcast, please visit www.epa.gov/npdes/training

Governor Spitzer Announces $2.67 Million For Indian Lake Water Project

Governor Spitzer announced on 2/20/08 state funding for the Town of Indian Lake in Hamilton County to help ensure drinking water for residents. The $2.67M funding package, provided through the NYS Drinking Water State Revolving Fund (DWSRF), will enable the Town to perform needed upgrades to comply with state and federal water quality standards, improve operating efficiencies and conserve water. The funding package, which is administered by the state Environmental Facilities Corporation (EFC), includes a $2M grant as well as $670,000 in interest free financing.

To ensure the Town's water supply meets regulatory standards and is safe to drink, the Town will install a new ground water well system that will include iron, manganese and disinfection treatment. In addition, the leaking water storage tank and distribution system will be upgraded to improve water flow, pressure and save water. Water meters will also be installed to improve system operations and conserve water. Construction is expected to begin in March 2008 and be completed in October 2008.

With the grant and interest savings over the 30-year financing term, the Town of Indian Lake will realize a savings of $3.9 million.

Indian Lake Town Supervisor Barry Hutchins said: "Governor Spitzer sure picked one of the most important issues to prioritize here in Upstate New York. Water infrastructure improvements are very costly and one of the most important needs of small communities. We thank him and all involved in addressing our local needs."

The Department of Health (DOH) is currently conducting the United States Environmental Protection Agency's 2007 drinking water infrastructure needs assessment to examine the water system upgrade needs of New York State communities.

For more information on the DWSRF, visit EFC's and DOH's websites at www.nysefc.org and www.health.state.ny.us/environmental/water/drinking/water.htm.

On Tuesday, January 22, 2008 Gov. Spitzer released his proposed plan. Here are some highlights that may interest our members:

Aid and Incentives to Municipalities (AIM): Fully funding the second installment of the four-year, $200 million increase in the AIM program initiated in last year’s budget. Additional aid totaling $6 million will also be provided to 26 cities, towns and villages that receive significantly less AIM funding on a per capita basis than peer municipalities. In total, support for the program in municipalities outside New York City will increase by $56 million. New York City’s AIM payment will also be partially restored to $164 million, with a full restoration of $328 million to be provided in 2009-2010.

Towns with less than 15,000 populations, and villages with less than 10,000 populations that meet at least one of the distress criteria and have per capita taxable property wealth below the statewide average will receive increases of 5%. Municipalities that do not exhibit signs of fiscal distress will receive a 3% inflationary increase. Fiscal distress is measured using four indicators including population loss, real property tax capacity, poverty rate, and full valuation per capita. In addition, those municipalities that receive these increases of more than $100,000 must use the AIM funding to invest in economic development or infrastructure to achieve economic revitalization and property tax base growth; minimize or reduce the real property tax burden; and support investments in technology or other reengineering initiatives that permanently minimize or reduce operating expenses. (NYCOM News)

Local Government Efficiency: Implementing a package of recommendations from the Commission on Local Government Efficiency and Competitiveness, including restructuring the Shared Municipal Services Incentive program, improving cooperation across property tax administration jurisdictions and highway departments, and others.

The Budget would establish a new petition form and require that petitions to initiate the village dissolution or consolidation process contain signatures from 10% of eligible registered voters. Current law requires signatures from one-third of registered voters. (NYCOM News)

Wicks Law: Reforming the Wicks Law to help reduce property taxes through the lowering of local construction costs. Under a three-way agreement between the Governor and Legislative leaders, thresholds for the application of Wicks Law regulations would rise from $50,000 to $3 million in New York City, $1.5 million in Nassau, Suffolk and Westchester counties, and $500,000 in the remainder of the State.

This proposal would also allow for the pre-qualification of bidders, provide a wicks exemption for those projects subject to a project labor agreement, provide prompt payment protections for sub-contractors, and empower the Commissioner of Labor to issue a stop-bid order to enforce compliance with the Wicks Law requirements. (NYCOM News)

EPA releases guidance to help public water systems comply with the Ground Water Rule. In July, EPA released three documents to assist states and public water systems understand requirements of the Ground Water Rule (GWR).

The GWR, which was finalized in November 2006, will provide for increased protection against microbial pathogens in public water systems that use ground water as a source of drinking water. Public water systems need to begin actions to comply with the GWR in December 2009.

Complying with the Ground Water Rule: Small Entity Compliance Guide, provides a step-by-step guide to the GWR requirements and how they apply to small public water systems. The Consecutive System Guide for the Ground Water Rule describes the specific responsibilities of both wholesale providers and consecutive systems which purchase water from wholesalers and provides recommendations to help them meet those responsibilities. The Ground Water Rule Source Water Monitoring Methods Guidance Manual includes information about the basis for ground water monitoring, how to determine the appropriate fecal indicator for monitoring, and how the different analytical methods work.

At the Future of Rural New York Symposium held last July, rural New York symposium participants urged state policy makers to address the lack of high-speed internet access in rural areas, using legislation and financial incentives to encourage broadband carriers to work together to provide universal access. In fact, broadband access was a top priority identifed by participants in many of the workgroups from the Rual Vision Initiative. Iowa, Texas and Oklahoma boast statewide broadband access. Now, Verizon is spearheading an effort for a national broadband plan that offers grants and loans for broadband providers to extend service to rural areas.

For example, Oklahoma partnered with AT&T to bring high-speed internet service to 68 rural communities in the state. The DSL 100 project tood only one year to complete. The project was made possible by the state's dereguatlion of retail telecom services. Small businesses already boast increased sales due to the high-speed internet.

This information was provided through the NYS Lesislative Commission on Rural Resources - March/April 2007.

S 3988-A / A 4088-A, to increase the penalties for failure to comply with certain state sanitary code provisions, passed both houses of the Legislature Thursday, June 21, 2007. It will now go to the Governor for his approval. This is the legislation which the New York State Department of Health needed in order to gain primacy from EPA for supervision of certain rules. While no one likes the idea of exposure to higher fines, having the NYS Department of Health with primacy, as opposed to EPA, is a good tradeoff. It’s a victory for the entire water supply community - in fact no water supplier who commented on the legislation opposed it.

Also, the State Senate has passed Senator Saland's bill S.6098, which establishes a lined deposit program for lenders to make low-interest loans to eligible borrowers for water pollution control projects. "Safeguarding our water supply is one of the most important efforts we can make to protect both the health of New Yorkers and our environment", said Senator Saland. "But homeowners and small businesses, including small farms, often find that remediating water pollution problems is cost prohibitive and our environment can suffer as a result." The Senator said that low interest loans provide critical help to homeowners and small businesses addressing on-site wastewater treatment and non-point source pollution control projects. Using invested funds rather than a state appropriation, will help the state keep its commitment to protect the health of its citizens and safeguard the environment. The bill has already passed the Assembly and will be sent to the governor for his signature.

NY Congressman Thomas Reynolds (R- Clarence) announced on June 11, 2007 that the USDA has approved $300,000 in emergency funding to assist residents in Genesee County that had their wells contaminated in early April 2007 likely due to the spreading of manure. The funding comes from the USDA’s Rural Development Emergency and Imminent Community Water Assistance Grant Program (ECWAG). Local media accounts indicate that water lines will be extended to the affected area. In April, 56 residents submitted a petition to the Batavia Town Board requesting public water. Wells at some 60 residences in the Towns of Batavia and Stafford have tested positive for E. coli or coliform bacteria. Ultraviolet disinfection equipment was installed at the costs of dairy farmer Hans Boxler Jr. and the Towns of Batavia and Stafford. Preliminary findings from the state allege that Mr. Boxler violated state conservation law and a state permit when he spread manure on approximately 274 acres. Reportedly, Boxler spread too much cow manure on several different dates in January and February. The New York Department of Environmental Conservation is also alleging that he violated state Environmental Conservation Law and the conditions of his Concentrated Animal Feeding Operation (CAFO) permit by polluting several local streams with wastewater from bunk silos on his farm.

Recently NY Rural Water Association supported S. 3973 / A. 8016 legislation, which is a Governor's program bill which would change a definition in the Clean Water SRF and the Drinking Water SRF to make more capital available to both programs. By changing the term "corpus allocation" in the existing statutes to "allocation" more money can be made available. We are reporting that this EFC allocation legislation passed both houses this week. More money available for subsidized loans is always good

Mandate Relief
Executive Budget: The Governor proposed several mandate relief initiatives including:

Adopted Budget: Includes no mandate relief initiatives but these proposals will be taken up later in this Legislative session.

Executive Budget: Includes $25 million in grant money for shared services and/or cost efficiencies. Under this plan, priority would be given to those applications that include or address (1) distressed municipalities; (2) consolidations or mergers; (3) school districts and other municipalities; (4) highway services; (5) shared health services; or (6) countywide shared services agreements. The proposal also earmarked $10 million for consolidation, which would support recurring 25% increase in AIM for those municipalities that merge or consolidate. It should also be noted that in response to rising health care costs, the Executive Budget included language directing the Dept. of Civil Service to make available to municipalities across the state a lower cost health benefit plan.

Adopted Budget: Includes the Governor’s shared services grant proposal but eliminated language on the development of a lower-cost health benefit plan.

Executive Budget: Expanded the Bottle Bill to include non-carbonated beverage containers, which would have generated an additional $25 million from unclaimed bottle deposits to increase the Environmental Protection Fund (EPF) from $225 million to $250 million. Also proposed a variety of environmental fee increases including SPDES (wastewater) permit fees for private/commercial/institutional permits, SPDES general permit fees for industrial stormwater permits, SPDES general permit fees for concentrated animal feeding operations (CAFOs), and well drilling permit fees. The Budget also included a new $500 fee for permits to erect, reconstruct or repair a dam. These revenues would have supported the DEC environmental regulatory account.

Adopted Budget: The Legislature rejected the Governor’s proposal to expand the Bottle Bill to include non-carbonated beverage containers, and instead will use additional revenues from the existing state real property transfer tax to increase the Environmental Protection Fund (EPF) from $225 million to $250 million. The environmental fee increases proposed by the Governor were also rejected and are not part of the final budget.

Adopted Budget: Includes $5 million for real property tax revenue losses granted under the “Flood Assessment Relief Act of 2007” by those municipalities impacted by flooding in 2006.

For Public Water Systems Monitoring for 25 unregulated contaminants will occur during 2008-2010 using five associated analytical methods. The data collected through the UCMR2 program is being stored in the National Contaminant Occurrence Database (NCOD) to support analysis and review of contaminant occurrence, to guide the Contaminant Candidate List (CCL) selection process, and to support the Administrator’s determination of whether to regulate a contaminant in the interest of protecting public health.

EPA is requiring all public water systems (PWS) serving more than 10,000 people, and a representative sample of 800 PWS servicing 10,000 or fewer people, to conduct Assessment Monitoring for 10 chemicals during a 12-month period between January 2008 – December 2010. EPA will also require all 407 PWSs serving more than 100,000 people and 800 PWSs serving 100,000 or fewer people to conduct a Screening Survey for 15 chemicals during a 12-month period, also between January 2008 – December 2010.

For general information on UCMR 2, please visit the EPA Safewater Website at: http://www.epa.gov/safewater/ucmr/index.html or contact the Safe Drinking Water Hotline at 1-800-426-4791. The Safe Drinking Water Hotline is open Monday through Friday, excluding legal holidays, from 9 a.m. to 5 p.m. Eastern time. For a copy of the fact sheet, the Federal Register notice, and/or any of the supporting documents for the UCMR2 regulation, please contact EPA’s Water Resource Center at 1-800-832-7828 and reference the publication number EPA815-F-06-004

January 31, 2007
Washington, DC -- Today, during a Water Resources and Environment subcommittee markup, U.S. Representative Michael A. Arcuri (D-Utica) voted in favor of necessary investments in improvements and repairs to ensure that our nation’s aging wastewater and water infrastructure can continue to perform in compliance with the Clean Water Act.

Keeping the Finger Lakes or any of the other beautiful lakes and rivers of our district clean should be a priority of my generation to pass on to our children and grandchildren. We are also all aware that many Upstate New York communities have to operate with old and antiquated sewer and wastewater systems. In recent years, my hometown of Utica, along with many other communities in the 24th District, has been plagued with problems due to outdated infrastructure in desperate need of repair,” Arcuri said. “My votes today are concrete steps towards improving our wastewater and water infrastructure and will provide cities and towns in Upstate New York with the resources to keep our water clean.”

• Healthy Communities Water Supply Act of 2007 (H.R. 700) - Amends the Clean Water Act to reauthorize appropriations for the Environmental Protection Agency to provide grants for alternative water source projects to meet critical water supply needs. The bill authorizes an increase in funding to $125 million until the funds are expended, a significant increase from a previous authorization of $75 million for FY02 through FY04

• Water Quality Investment Act of 2007 (H.R. 569) - Amends the Clean Water Act to reauthorize appropriations for grants to municipalities and States to control combined sewer overflows and sanitary sewer overflows. It authorizes $1.8 billion for FY08 through FY2010

• Water Quality Financing Act of 2007 (H.R. 720) - Authorizes $20 billion in Federal grants over five years to capitalize Clean Water State Revolving Funds. And renews the requirement that contractors and subcontractors on treatment works projects constructed with assistance from the state revolving funds will be paid no less than prevailing wages

I am proud that the subcommittee passed the Water Quality Financing Act with its commitment to preserving wage protections for contractors and subcontractors who work on these projects,” Arcuri said.

Congressman McHugh Lauded for Standing up for Small and Rural Communities, Advancing Clean and Safe Water

The New York Rural Water Association (NYRWA), the state’s largest small community water organization with over 1,400 small and rural community members, thanks Congressman McHugh for his efforts in leading the New York Congressional delegation in the effort help small communities provide safe drinking water and comply with federal water regulations. During the House of Representatives deliberations on environmental spending for the U.S. Environmental Protection Agency (EPA), Congressman McHugh led the effort to make sure this year’s environmental budget helped out rural and small communities. He sponsored the state’s delegation letter on behalf of rural and small communities (http://www.ruralwater.org/nydele.pdf).

NYRWA Executive Director, Pat Scalera said, “The Congressman’s leadership resulted in New York having the most Congressional support for small communities of any of the states – we had the most cosigners on letter. Thanks to this help, both the federal funding bills for EPA and the U.S. Department of Agriculture increased the amount of funding for small community technical assistance and small community grants for water treatment. Small communities typically have a much harder time complying with federal mandates because they have fewer consumers to absorb the costs (so called limited economies of scale) – the Congressman help ensures that small communities are treated more fairly by federal policies and received very needed funding assistance. He led the effort in the House of Representatives and all our small and rural communities are grateful.”

(Washington, D.C. - Oct. 12, 2006) More than 100 million Americans will enjoy greater protection of their drinking water under a new rule issued today by the U.S. Environmental Protection Agency. The rule targets utilities that provide water from underground sources and requires greater vigilance for potential contamination by disease-causing microorganisms.

"The Bush Administration's Ground Water Rule boosts drinking water purity and public health security," said Benjamin H. Grumbles, assistant administrator for Water. "These first-ever standards will help communities prevent, detect and correct tainted ground water problems so citizens continue to have clean and affordable drinking water."

The risk-targeting strategy incorporated in the rule provides for: regular sanitary surveys of public water systems to look for significant deficiencies in key operational areas triggered source-water monitoring when a system that does not sufficiently disinfect drinking water identifies a positive sample during its regular monitoring to comply with existing rules. implementation of corrective actions by ground water systems with a significant deficiency or evidence of source water fecal contamination compliance monitoring for systems that are sufficiently treating drinking water to ensure effective removal of pathogens.

A ground water system is subject to triggered source-water monitoring if its treatment methods don't already remove 99.99 percent of viruses. Systems must begin to comply with the new requirements by Dec. 1, 2009.

Contaminants in question are pathogenic viruses — such as rotavirus, echoviruses, noroviruses — and pathogenic bacteria, including E. coli, salmonella, and shigella. Utilities will be required to look for and correct deficiencies in their operations to prevent contamination from these pathogens.

Microbial contaminants can cause gastroenteritis or, in rare cases, serious illnesses such as meningitis, hepatitis, or myocarditis. The symptoms can range from mild to moderate cases lasting only a few days to more severe infections that can last several weeks and may result in death for those with weakened immune systems. The new ground water rule will reduce the risk of these illnesses.

Fecal contamination can reach ground water sources, including drinking water wells, from failed septic systems, leaking sewer lines, and by passing through the soil and large cracks in the ground. Fecal contamination from the surface may also get into a drinking-water well along its casing or through cracks if the well is not properly constructed, protected, or maintained. The Centers for Disease Control and Prevention reports that, between 1991 and 2000, ground water systems were associated with 68 outbreaks that caused 10,926 illnesses. Contaminated source water was the cause of 79 percent of the outbreaks in ground water systems. Ground Water Rule and more information about drinking water epa.gov/safewater/disinfection/gwr

The Washington Report Rural Water Grassroots Campaign Succeeds in Making New Chemical Security Legislation Better for Water Supplies (Sept. 29, 2006)

Just this week - in the closing days of this Congress, some U.S. House and Senate lawmakers proposed an amendment to the Department of Homeland Security (DHS) spending bill that would give the Department authority to issue new chemical security regulations. The regulatory proposal would have covered water and wastewater supplies – and included new civil penalties for violations of the proposed regulations. As the Congress was deciding on the final legislation, state rural water associations urged Congress to treat small communities differently than the chemical industry.

Small communities' water and wastewater utilities routinely use chemicals to treat/disinfect drinking water and wastewater to promote public health and protect the environment. However, small and rural community water supplies are self-governing, nonprofit organizations, they are not businesses, and have no incentive not to take all security actions possible. They are fundamentally different from chemical businesses. A list of over 50,000 small communities (many governed by local volunteers, teachers, mayors, doctors, retired citizens, farmers, etc.) that would be open to new regulations and new civil penalties under these legislative proposals is available at: www.ruralwater.org/seclist.txt. Advancing security in small communities is more of a RESOURCE problem than a REGULATORY problem. Every small community faces unlimited challenges and needs – with limited financial, administrative, and technical resources -- and they need to ensure these resources are most effectively allocated. Please consider an approach to enhance security by prioritizing funding, technical assistance, education, and federal resources - the most effective methods for the federal government to protect small wastewater systems without overburdening the capabilities and resources of small local government.”
[Cite: www.ruralwater.org/seccollins2.pdf]

On September 25, 2006, we were successful – thanks to our grassroots effort to persuade Congress to stand up for small and rural communities. Congress exempted water and wastewater supplies from the new chemical facilities regulation. Congratulations to all the rural water members who urged their Congressmen and Senators to “stand up for rural water.” Many of the biggest industry and environmental community lobbyists, who were closely watching the legislation, were impressed with rural water’s ability to persuade key decision makers on Capitol Hill of our position in the final days of this process. The President has signed this bill into law. For the text of the legislation (House Report No. 109– 699, Conference Report on H.R. 5441) and more information on this and other topics, please see http://www.ruralwater.org. Standing Up for Small and Rural Communities Reporting the Benefits of Rural Water Membership Open Reprint Policy: this report (or any portion) may be used or reproduced in any manner, without credit, by any state rural water association. Contact: Mike Keegan – keegan@ruralwater.org

Over one million residents of New York State get their drinking water from private wells. People using private wells around the state are left unprotected, and often unaware that there may be problems with their drinking water. In 2004 and 2005, the NYS Assembly held hearings that highlighted the situation facing residents in areas where contamination has migrated from old industrial sites into their drinking water through contaminated groundwater, and into the very air they breathe in their homes through contaminated vapors migrating through the ground. To address this threat, Assemblyman DiNapoli sponsored legislation (A.6459-A), which passed the Assembly this year, requiring the testing of water from private wells on the transfer of property. This would provide purchasers with the knowledge necessary to protect themselves, and would ensure that clean water is a right for all, not just for some. The Senate did not support this measure.

MtBE is another contaminant of concern. In West Hempstead (Long Island) over 32,000 residents were told not to drink their water in early July because it was contaminated with MtBE. While MtBE has been measured in drinking water on Long Island in the past, this health alert marked the first time that levels in public drinking water there exceeded the State drinking water standard of 10 parts per billion. The potential for more MtBE sites to crop up is high. DEC records show approximately 15,000 petroleum spills annually. New York banned MtBE from gasoline in 2004, but it has been estimated that approximately 50% of spills reported from 1972 to 2004 may have included MtBE contamination. This translates into approximately 7,000 spills annually for 32 years that may have contaminated groundwater with MtBE. Private well testing is an important public protection measure that will continue to be a priority for the Legislative Commission on Water Resource in the coming Legislative session.

Gov. Pataki has released a $105 Billion proposed state budget for the state fiscal year commencing on April 1, 2005. Some of the key proposed provisions of interest to our members are as follows:

New Shared Service Grants - Encourages efficiency by making all local governments eligible to apply to the Department of State for $5.5 million in available Shared Municipal Services Incentive (SMSI) awards, with individual grants not to exceed $100,000 per municipality. Local matching funds equal to 10% of the project cost are required. SMSI will help fund cooperative agreements between two or more municipalities to achieve savings through eligible activities such as shared services. Funding will grow to $10.75 million in 2006-07.

Mandate Relief - The Governor will propose mandate relief initiatives to the Legislature to provide for a full repeal of the Wicks Law to allow greater flexibility and cost savings on public works projects; Reform Binding Arbitration; provide relief from certain litigation costs; provide additional flexibility to increase short-term investment income.

Increased Funding for Quality Communities - Funded in the Environmental Protection Fund, the budget provides $5 million for the QC program, a $4 million increase from the 2004-05 program level. Funds are used to support the improvement of the quality of life in localities with specific attention given to land use planning, open space conservation, downtown revitalization and inter-municipal planning.

Environment - $150 million for the Environmental Protection Fund (EPF) a 20 percent increase over 2004-05. Other environmental programs include $179.5 million in new State and Federal funds for the State Revolving Fund low-interest loan program to build and rehabilitate sewage treatment facilities; $51.6 million for clean air programs to limit pollution from industrial and commerical sources, automobiles and heavy duty vehicles; and $18 million for the Waste Tire Management and Recycling.

To view the updates please copy and paste the following link into your browser.http://www.nyruralwater.org/pdf/reg_artical.pdf

The file is in PDF format. If you need acrobat reader go to www.adobe.com and download the free program.

EPA water officials are raising concerns over an effort by the agency's pesticide office to adopt a less stringent risk assessment value for arsenic that is based on new studies showing the chemical is less toxic to animals, while downplaying competing studies on the substance's toxicity to humans, according to EPA and industry officials.

A preliminary EPA-New York State analysis downplays the likelihood that EPA's pending clean air emissions requirements will reduce high acidity levels in some Northeast lakes without additional acid neutralizing measures, agency sources say. To read more on this go to: http://insideepa.com/secure/showdoc.asp?docnum=1072004_regulations

In a 223-193 vote that saw 22 Republicans breaking rank with their party, the U.S. House of Representatives yesterday adopted an amendment that would prevent the U.S. Department of Labor (DOL) from enforcing any of the new Fair Labor Standards Act (FLSA) "white-collar" exemption regulations that would result in workers losing their rights to overtime pay. However, the House action does not necessarily mean that the new rules will be overturned.

The federal fiscal year 2005 appropriations bill to which the overtime-pay amendment is attached still must be debated by a House-Senate conference committee. The amendment may be dropped from the appropriations bill during those negotiations. President George W. Bush has vowed to veto the appropriations measure if the amendment is not removed.

Efforts to halt the controversial white-collar exemption rule changes met a similar fate last year, when the House adopted an amendment to block the new regulations from taking effect, but the amendment was dropped in response to Bush's threatened veto. Although that may happen again, some legislators are saying that the impending presidential election - and the political hot potato that the new rules have become - is a complicating factor.

For now, employers must comply with the new regulations, which took effect Aug. 23.

A FREE on-line terrorism preparedness guide that addresses public health and security challenges resulting from intentional acts of terrorism is available for review at: http://www.WaterHealthConnection.org/bt.

This new website was developed to assist public utility officials, emergency response professionals, medical professionals, and the public health community.

The Office of the State Comptroller recently examined the permit process required for discharging wastewater or stormwater (the run-off from rain or melting snow) into surface or underground waterways. Sewage treatment plants, factories and people engaged in certain other activities are required to have such permits to protect New York State's waterways against contamination and environmental damage. The audit found that permits were not being reviewed as frequently as intended by the Department of Environmental Conservation and made recommendations for improving the permit process, including the use of electronic data processing technologies.

Following the terrorist attacks on Sept. 11, 2001, EPA recognized the need for readily accessible information on the capabilities and capacities of environmental laboratories to respond to contamination of our air, soil, and water. In response to this need, EPA developed the Compendium of Environmental Testing Laboratories, a web-based tool designed to collect, disseminate, and maintain information on laboratories that analyze chemical, biological and radiochemical analytes most likely to be associated with a contamination incident.

The Compendium was developed as a tool to quickly identify laboratories with the capabilities to support incident-specific response and recovery––a critical function not currently available elsewhere. In non-emergency situations, the Compendium serves as a valuable resource for Agency offices seeking analytical services. EPA anticipates the Compendium will contain information on approximately 900 laboratories by the end of 2004. As additional laboratories participate in this effort, the Compendium will serve as an invaluable tool to water utilities, emergency responders, and Federal, State, and local agencies in responding to contamination threats, terrorist attacks, or natural disasters. Visit www.epa.gov/compendium for more information.

The EPA will conduct a training of the Stage 1 Disinfectants and Disinfection By-product Rule (State 1 DBPR) transmitted by satellite broadcast to designated downlink sites throughout the nation. The broadcast will take place on May 18, 2004, from 11 a.m. to 5 p.m. EDT. This broadcast has been developed for state, tribal, and local water utility personnel and technical assistance providers who are active in the drinking water program.

Training is directed at systems that needed to comply with the Stage 1 DBPR beginning on January 1, 2004. This includes surface water systems serving less than 10,000 people, ground water systems under the direct influence of surface water serving less than 10,000 people, and all ground water systems. The session will review the requirements of Stage 1 DBPR for systems that use chlorine or chloramines in any part of the drinking water treatment process and will review the requirements for disinfection by-product precursors (DBPPs) that apply to systems using conventional filtration or softening systems. For a downlink site near you, please visit http://www.epa.gov/oar/oaqps/eog/apdln.html. Advance notification is necessary to guarantee a slot. There will be a 30 minute break for lunch. It is recommended that you bring a lunch. For training materials and additional information, please visit http://www.epa.gov/safewater/dwa/satellite.html.

Most of us see environmental threats as coming from those who refuse to take responsibility for their duty as good citizens. We envision a corporate polluter perhaps -- more concerned about a healthy balance sheet than the health of the planet we share. But that's not the only danger we face.

Today, a little recognized threat is hidden in thousands of barns across this state. Ironically, this threat was created for exactly the opposite reason, because the farmers who own those barns are good citizens, and do not want to pollute the environment.

This threat comes from unlabeled agrichemicals and pesticides -- compounds once approved for agricultural use but that are now prohibited by the state Department of Environmental Conservation. Because there has never been an organized, ongoing, statewide program to collect and safely dispose of these unused pesticides, it is estimated that hundreds of thousands of pounds of these toxic compounds remain stored in barns and storage sheds across this state. Much of it has been there for years.

While no one expects farmers to suddenly abandon their environmental stewardship and release these compounds, it is the unintended release that represents the greatest hazard. Just one fire in an old barn could spell a disaster for a local community, and there is nothing to prevent that type of disaster from being repeated in dozens of places among the 37,000 farms that occupy the 25 percent of this state's land devoted to agriculture.

Much of this inventory is stored in decaying containers, a situation that will worsen over time. In many cases, the label has faded or peeled off the container, so it is no longer even clear what chemical it contains.

A survey of local collection efforts by the New York Center for Agricultural Medicine and Health, established by the state Legislature in 1988 and based outside Cooperstown, gives an idea of the scope of this problem. This study, which compiled and analyzed results from five separate county-based pesticide collections, revealed some disturbing data.

Combined, these voluntary one-day collections yielded 54,214 pounds of pesticides from 123 farms, an average of 441 pounds per farm. While the volume of the chemicals collected is alarming, their toxicity is even more so.

Organochlorine was the leading group of agents turned in by farmers. These persistent, bio-accumulative pesticides include DDT, dieldrin, heptachlor and chlordane. All have become illegal because they are toxic to humans, animals and aquatic life. Some have been banned for decades.

Arsenic compounds were the next most common group. Lead arsenate is a fungicide once used on apple orchards, and the run-off has resulted in elevated levels of arsenic in groundwater supplies. Organophosphate insecticides and other highly toxic agents were also collected.

As disturbing as these results are, it is even more alarming that there is no organized, ongoing statewide system of collection. To its credit, the state DEC has sponsored successful collection efforts in various locations around the state, but an ongoing collection system is needed. In addition, the current program requires that each farmer transport these chemicals to a single collection point, posing an additional hazard. A better system is needed.

To address this problem, the chairs of the Senate and Assembly Environmental Conservation committees have introduced legislation to create a new system. It would establish a statewide, mobile collection program where a contractor travels to each farm to collect the hazardous materials. This approach is safer. It allows for a convenient pickup schedule for the farmer, which will increase participation; immediately relieves farmers of liability for unintentional releases; and, possibly most important of all, is voluntary.

If adopted, this legislation would create a farm pesticide collection program that could cover the entire state in less than three years. Ideally, it would immediately target the 30 largest agricultural counties. Estimates indicate that an organized collection program would generate 78 tons a year of unused toxic chemicals.

The legislation has even identified a logical source of dedicated funding. Currently New York registers 12,271 chemical products, each of which is charged a registration fee every two years. A modest increase of $50 a year would put New York's fees on a par with what other states are charging, generate sufficient fees to fund the collection program and come directly from the companies that generate profits from these chemicals.

Delay does not improve this situation. The Legislature should approve this program before this session ends.

The next time you drive past an old barn, literally on its last legs, you should wonder what hazards are inside, and what could happen if they're not collected before it's too late.

DRAFT GENERAL SPDES PERMIT FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOs)

The New York State Department of Environmental Conservation (NYSDEC) proposes to issue and make available for comment a draft General SPDES Permit for Concentrated Animal Feeding Operations (CAFO). A CAFO is an Animal Feeding Operation (AFO) that is defined as a large CAFO or as a medium CAFO, or that is designated as a CAFO by the NYSDEC. The Draft CAFO General Permit, (GP-04-02) is an update of the current document (GP-99-01).

Copies of the draft permit and other supporting information are available through http://www.dec.state.ny.us/website/dow/cafohome.html. To obtain paper copies please call Ms. Toni Cioffi at (518) 402-8109 or contact her via email at: dowinfo@gw.dec.state.ny.us.

In addition, NYSDEC will be conducting four information meetings during this public notice period. The purpose of these meetings is to answer questions about the Draft CAFO General Permit and to help prepare participants who plan on submitting comments on the draft permit. Public information meetings will be held at Liverpool, NY (March 12, 2004), Batavia, NY (March 16, 2004), Canton, NY (March 17, 2004), and Albany, NY (March 19, 2004). Please refer to the website address above for more details.

Have you sent your VA to EPA? Just because you sent your VA and ERP to New York State DOH, does not mean that your system has met the Federal requirements. You must also send a copy to EPA. Let’s review the requirements for small water systems…

The Bioterrorism Act of 2002, amended the Safe Drinking Water Act (SDWA) by adding section 1433. Section 1433(a) requires that certain community water systems (CWS) conduct Vulnerability Assessments (VAs), certify that the VAs were conducted, and submit a copy of the VA to EPA. Section 1433(b) requires that certain CWSs, prepare or revise Emergency Response Plans (ERPs) and certify to EPA that an ERP has beeen completed.

All CWSs serving populations from 3,301 to 49,999 persons must comply with the Bioterrorism Act by June 30, 2004. The Bioterrorism Act requires these community water systems to:

*(Due within 6 months of sending your VA certification to EPA, Dec 31, 2004 at the latest)

The VAs that were required by NYS DOH will meet the basic content requirements for EPA. So you do not have to complete another VA, but you still have to send a copy of your VA to EPA along with the two certification letters.

The best instructions for sending in your VA certification letter, VA, and ERP certification letter, can be found in EPA document # 810-B-02-001, Instructions to Assist Community Water Systems in Complying with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.

Downloadable copies of this document can be found on the EPA web site at www.epa.gov/safewater/security. Or you can order a copy from the EPA Safe Drinking water Hotline at 1-800-426-4791. You can also call New York Rural Water at 1-518-828-3155. This document contains all the information on how to submit your VA and certification letters, the content requirements, needed certification forms, and the proper mailing instructions and addresses. So, don’t forget to send them to EPA by June 30, 2004!

The Catalog of Federal Funding Sources for Watershed Protection Web site is a searchable database of financial assistance sources (grants, loans, cost-sharing) available to fund watershed protection projects. To select funding programs for particular requirements, use either of two searches: One is based on subject matter criteria, and the other is based on words in the title of the funding program.

Criteria searches include the type of organization (e.g., non-profit groups, private landowners, states, businesses), type of assistance sought (grants or loans), and keywords (e.g., agriculture, wildlife habitat).

Searches result in a listing of programs by name. Click on each program name to review detailed information on the funding source. For more information about this catalog, visit the web site at cfpub.epa.gov/fedfund.

SUMMARY: The Rural Utilities Service is seeking comments from the public in its efforts to implement a new program, “Revolving Funds for Financing Water and Wastewater Projects” as authorized by the 2002 Farm Bill. The purpose of the program is to provide grants to qualified private, non-profit entities to capitalize revolving funds for the purpose of providing loans to eligible entities for pre-development costs or small capital improvement costs. RUS is issuing this notice of inquiry to assess the current interest of eligible entities in pursuing applications for grant funds with the purpose of establishing a revolving loan fund taking into consideration the following:

(1) The ability to accomplish the provisions of the 2002 Farm Bill section utilizing current appropriations;

ADDRESSES: Submit written comments to Richard C. Annan, Acting Director, Program Development and Regulatory Analysis, Rural Utilities Service, United States Department of Agriculture, 1400 Independence Avenue, SW, stop 1522, Washington, DC 20250-1570. RUS requires, in hard copy, a signed original and 3 copies of all comments (7 CFR 1700.4). Comments will be available for public inspection during normal business hours (7 CFR part 1).

FOR FURTHER INFORMATION CONTACT: Susan Loney, Loan Specialist, Water and Environmental Programs, Rural Utilities Service, United States Department of Agriculture, 1400 Independence Avenue, SW, stop 1570, Washington, DC 20250-1570. Phone: 202-720-9633. Fax: 202-720-0718. E-mail: Susan.Loney@usda.gov

TECHNICAL GUIDANCE MANUAL FOR LONG TERM 1 ENHANCED SURFACE WATER TREATMENT RULE

EPA has published a guidance manual intended to help public water systems comply with the disinfection profiling and benchmarking requirements of the Long Term 1 Enhanced Surface Water Treatment Rule. Go to http://www.epa.gov/safewater/mdbp/pdf/profile/it1profiling.pdf for more inforamtion.

EPA has approved new test methods for the analysis of E. coli, enterococci, cryptosporium, and giardia in ambient water. For E. cole & enterococci, EPA approved most probable number and membrance filtration methods. For Cryptosporidium, EPA approved Methods 1622 and 1623. For Giardia, EPA approved Method 1623. This rule is effective August 20.

EPA announced a review of the drinking water regulations. The notice indicates that the Total Coliform Rule may be revised, but no other changes for the existing chemical contaminants are planned. The notice contains background information on analytical method issues, occurence, and health effects.

EPA has decided that no regulatory action is appropriate for nine contaminants: manganese, sodium, sulfate, metrinbuzin, aldrin, dieldrin, hexachlorobutadiene, naphthalene and ananthamoeba.

The New York Rural Water Association is helping lead the way toward the establishment of a continuing state-wide farm pesticide collection program. The NYRWA Solid Waste Technical Assistance Program has studied this issue for a number of years and has concluded that while the vast majority of New York farmers are environmentally conscious and have been good stewarts of the land, they have been given little opportunity to properly dispose of old or unused pesticides. These obsolete, hazardous chemicals pose a threat to the state's soil and groundwater and an economical, environmentally safe collection system should be established.

Senator Marcelino has introduced S.4525-A in the NYS Senate and Assemblyman DiNapoli has introduced A.8425-A in the NYS Assembly. These bills would amend the current environmental conservation law, the agricultural and markets law, and the state finance law, to establish a farm agri-chemical and pesticide collection program. Simply put, it would establish annual collection through a state contracted hazardous waste hauler who would visit participating farms in a "milk run" collection approach. The project would be funded by a slight increase to manufacturers registration fees (there are 12,271 pesticides registered in New York State) and would not utilize any existing funds needed for current environmental projects.

We hope to have our "Report to New York State on Farm Pesticide Collection" posted on this web site in the near future. For more information on the actual bills you may visit the NYS Senate website to Bills & Laws to search for S4524. It will give you the Status, Text, Summary and Sponsors Memo. The NYS Assembly website to Bill Search and Legislative Information to Search A8425 will give you the Summary, Actions, Memo, and Text. Like any proposed legislation, much more work will be required for passage. If you think you can support this effort, please contact your local state representative in person, by phone, with e-mail, or with a letter of support. Your help with this undertaking will be greatly appreciated.

In December 2002, Governor George Pataki signed into law a bill that adds sexual orientation to the list of protected classifications under the NY Human Rights Law, NY Civil Rights Law and NY Education Law. This became effective on January 16, 2003 and provides a statewide ban on discrimination against individuals’ based on their sexual orientation. Federal law provides no such protection. Previously, similar protection was provided only through local laws in various counties and cities. This added term “sexual orientation” was added to the list of individual characteristics on which decisions about employment, education, credit and housing cannot be based. For example, it is now illegal for employment agencies, labor organizations, public accommodations, landlords, real estate brokers, and education corporations to discriminate based on an individual’s sexual orientation. The statute defines the term “sexual orientation” to mean heterosexuality, bisexuality or asexuality, whether actual or perceived, but explicitly states that the statute is not designed to protect conduct otherwise proscribed by law. Notably absent from the definition are transvestism and transsexuality. The legislature voted against an amendment to include protection for transgendered individuals.

Employers and post-secondary institutions should act to ensure compliance with the amendments. General non-discrimination policies should be revised to add sexual orientation as a basis on which the organization does not discriminate. Anti-harassment policies and procedures should also be revised to reflect the ban on sexual orientation-based harassment, and to provide a complaint procedure for raising such claims. Additional training of supervisors and employees is a significant and necessary compliance component. Be sure employees are made aware of these changes in policies.

Beginning in 2004, all small water systems (those serving less than 10,000 persons) and adding a disinfectant, will be required to begin monitoring for Dininfection By-Products (DBPs). Not only will this be a major new sampling program, but the costs will also be significant.

DBPs are chemicals that are formed when disinfectants, such as chlorine, combine with organic material in the water. The organic matter is usually natural chemicals in the water, and include such things as color, lignins and tannins from leaf decay, algae or the decay products of dead algae. Surface waters are the most likely to have high levels of organics leading to high levels of DBPs, but groundwater supplies such as shallow wells or springs, wells that go through coal or natural gas deposits, and infiltration galleries may have high levels of organic chemicals as well.

There are two classes of DBPs. They are the Total Trihalomethanes (TTHMs) that have been regulated for many years in systems over 10,000 persons, and Haloacetic Acids which are a newly regulated DBP. TTHMs include bromodichloromethane, dibrmochloromethane, tribromomethane (bromoform), and tichloromethane (chloroform). The HAAs include monochloracetic acid, dichloroacetic acid, trichloroacetic acid, monobroacetic acid, and dibromoacetic acid. There is a 6th HAA, but it is not being tested for, thus the name for this group of chemicals is HAA5s.

Many of these chemicals are thought to be carcinogenic, or, in some cases, thought to result in miscarriage, when ingested at high levels. These chemicals take time to be created, and for this reason, are found at the highest levels at the ends of the distribution system where there has been maximum time for the chlorine to react with the organic chemicals. Sampling is expected to be at the end of the distribution system at a lcoation, or locations, that represent the maximum residence time in the system. Surface waters will be required to monitor quarerly due to the changing nature of their water, and groundwater systems will monitor annually. This will be for each plant or entry point to the system. That means a system with 3 wells will likely have to take three samples per year, while a surface system with two plants would have to do two sets of quarterly samples. These requirements can be adjusted by the state, to more frequently when there appears to be a problem, to less frequently when sampling shows that there is not a problem. A sample for both TTHM and HAA5 will cost approximately $250.00 to $350.00.

If possible, sample collection should begin now, since early samples can lead to reduced monitoring, or indicate that a possible problem exists. At the very least, start planning for the costs associated iwth this new sampling program.

EPA published a preliminary decision regarding the SDWA requirement to review and revise, if necessary, all regulations every six years in April. The agency indicated that essentially there will be no revisions to the current standards with the following exceptions: o Revise the TCR rule and develop a distribution system rule o Maybe revise atrazine soon. o Revisions to beryllium, picloram and glyphosate would result in an increase in the MCL

· Reviews large-scale urban and rural development as it relates to water and wastewater needs. Recreation, Fish, & Wildlife · Seeks development of water-based recreational resources. · Encourages inclusion of public recreation programs at water resource projects. · Promotes migratory fish restoration and propagation of indigenous species. · Regulates releases of water to protect fishery resource and recreational uses. Cultural, Visual, and Other Amenities · Assists signatory members in designating and classifying historic and wild and scenic areas. · Considers the impact of water resource projects on cultural values.

EPA's Administrator has announced the plan to withdraw the regulation. However, the Arsenic Rule has not yet been withdrawn. Withdrawal will happen when EPA publishes a notice in the Federal Register. On March 23,2001 EPA published a notice in the Federal Register, not to withdraw the rule, but to delay the effective date. That date is projected to be May 22nd, 2001, excluding several specific amendments. BUT - HOLD ON now EPA has announced that the rule has been delayed 9 months until Feb. 22nd, 2002 so the rule can be reevaluated independently by the National Academy of Sciences and The National Drinking Water Advisory Council. At this time the compliance date has not changed, which is 2006. So stay tuned, you never know.

Your 2000 Annual Water Quality Report (AWQR) is due May 31, 2001. This report must be prepared and distributed by all community water systems that serve 15 or more service connections used by year-round residents or regularly serve at least 25 year-round residents.

The content requirements were provided to each community water system last year in the NYS Dept. of Health document titled ?Preparing Your Drinking Water AWQR Guidance for Water Suppliers.? If you need a copy of the document contact the Bureau of Public Water Supply at (800) 458-1158 ext. 27713 or send an e-mail to axm10@health.state.ny.us Please note that the DOH plans to update the Guidance Document by January 2002, to incorporate required information associated with the upcoming Disinfectant/Disinfectants Byproducts rule, the Public Notification rule, and the Arsenic, MTBE, and Glycol rules. Copies of the revised Guidance Document will be mailed to all New York community systems when available.

The DOH has developed two AWQR templates (one for systems serving fewer than 1,000 service connections and one for systems serving 1,000 or more service connections). You may obtain an electronic copy of these templates at the NYS DOH web page at www.health.state.ny.us

The rule was sent by EPA to the Federal Register on Jan. 19, the second-last day of the Clinton administration, but not actually published until Jan. 22, the second day of the Bush administration (66 Fed. Reg. 6,976). It was scheduled to take effect March 23. Shortly after taking office, Bush announced a delay in all rules published under Clinton that had not yet taken effect. EPA officials told BNA March 8 that they did not consider the arsenic rule to have been withdrawn, but Whitman said she was reviewing it and had not decided on a course of action.

In her March 20 speech, Whitman said that while scientists agree that 50 parts per billion is too high, "at the same time there is still a question of whether 10 parts per billion is the right standard." Whitman assured the water officials that EPA will make a decision based on "solid scientific analysis."

The agency will seek "independent reviews" of both the science behind the standard and of the estimates of the costs to communities of implementing the rule, Whitman said in a statement. A final decision on withdrawal is expected after the public has an opportunity to comment, she added. Because there is no scientific consensus on a particular arsenic level, Whitman said independent review will help clear up uncertainties.

"We're pleasantly surprised--this review is a step in the right direction," Mike Keegan, spokesman for the National Rural Water Association, told BNA. Many small communities thought the costs of complying with a 10 ppb rule would devastate them, he noted. It is not clear what will happen, however, Keegan said. A final rule could have many options. It could allow for hardship cases, allow variances and exemptions, re-examine the science, exempt small towns, or change the standard, he said.

Keegan said he was optimistic because Whitman mentioned the costs the rule would impose on small communities.

Diane VanDe Hei, executive director of AMWA, told BNA her organization is satisfied with a 10 ppb standard, although some of its individual members may believe it is too stringent. AMWA represents large metropolitan water agencies, which can for the most part afford the rule.

Erik Olson, senior attorney with the NRDC, called EPA's action "a craven capitulation to mining and other corporate interests at the expense of millions of Americans. We are really stunned," he said. "This was clearly a decision based not on science, but on politics." Noting that the NRDC had sued earlier to force EPA to issue the rule, Olson said, "Now we will be forced to sue again."

"This decision suggest the Bush administration is caving to the mining industry's demands to allow continued use of dangerous mining techniques," Carl Pope, Sierra Club executive director, said in a statement. "The current guidelines for arsenic in drinking water, based on 1942 data, are dangerously outdated."

Sen. Pete V. Domenici (R-N.M.), who has introduced legislation (S. 223) to void the stricter arsenic standard, praised Whitman's decision. "Communities faced with the daunting task of finding the money to adhere to the stricter standards can breathe a sigh of relief," Domenici said. "I believe the rules rushed to print in January are excessive and based on insufficient science. They should fall so we can begin anew on standards that will better serve the public health without depleting the public coffers."

Domenici's office said New Mexico has some of the highest levels of arsenic in the nation, yet has a lower than average incidence of the diseases associated with arsenic. However, Sen. Harry Reid (D-Nev.), ranking Democrat on the Senate Environment and Public Works Committee, blasted Whitman's decision. "It is totally outrageous that three days before this rule was to be implemented, the Bush administration has backed away from protecting public health," he said in a statement.

Rep. John D. Dingell (D-Mich.), ranking minority member of the House Committee on Energy and Commerce, said, "The administration has turned its back on America's children and communities ravaged by the mining industry." Dingell added, "Indeed, the 1942 arsenic in drinking water standard of 50 parts per billion is not only outdated but lethal. We know beyond a shadow of a doubt that arsenic is an extremely potent human carcinogen and that exposure to it in drinking water causes lung, bladder, and liver cancer.

"The decision not to update the standard to the recommended and acceptable level of 10 ppb places young Americans everywhere in danger," Dingell said.

Also speaking at AMWA's legislative conference, Sen. Michael R. Crapo (R-Idaho), chairman of the Environment and Public Works Subcommittee on Fisheries, Wildlife, and Water, said, "The arsenic rule ought to be rolled back and we ought to start over. ... Somehow we have to mandate that a new look be taken."

Whitman also told conference participants that regulatory decisions on radon, methyl tertiary butyl ether (MBTE), and cryptosporidium, a microbial contaminant in water, will be "made [based on] on sound scientific and solid analysis."

In another matter, Whitman said the nation's aging infrastructure for water supplies is "an enormous problem" that must be addressed. But she said, "There's not enough money in the world to do it all."

The EPA administrator stressed the importance of a federal partnership with state and local governments to tackle problems. In addition to calling for improved federal-state and local partnerships, Whitman pledged to break down interagency barriers. For example, she said she intends to reactivate a long-dormant position and appoint a liaison between EPA and the Department of Agriculture.

Crapo said he is working with lawmakers to address communities with unmet waste and waste water infrastructure needs. "Included in the debate," he said, "will be the need to ensure that sufficient flexibility exists in state operation and management of the Clean Water and Drinking Water State Revolving Funds so that local needs can be addressed."

Crapo said he has invited stakeholders to begin a dialogue with Congress and to make specific recommendations on legislation. Armed with this information, he said he will draft legislation and hold hearings. The senator predicted a comprehensive legislative approach has the best chance of success. A lot of people are talking to me about specific systems, but I believe our approach has to be broad-based ... rather than cobbled together project by project," he said.

Crapo pledged to fight for funding increases in the drinking water state revolving loan fund. He also said he would focus on providing resources to states for the management of nonpoint source pollution.

Rep. John H. Duncan (R-Tenn.) echoed other speakers on the need to provide more funding for water infrastructure. Instead of the current $23 billion annually, he said, many estimate $46 billion--twice as much--should be spent. Duncan advised that to "get the most bang for our bucks," projects should be left almost entirely within local control.

Rep. Peter DeFazio (D-Ore.), said that supplying clean drinking water is "an area where basically the federal government has taken a walk." He called for the federal government to be "a more robust partner" in cleaning up the nation's drinking water and repairing aging infrastructure.

The Western Coalition of Arid States (WESTCAS) is challenging the Environmental Protection Agency's (EPA) new standards for arsenic in drinking water.

WESTCAS, which respresents water and wastewater agencies serving people in sever western states, filed a petition for review of the new standards in the District of Columbia Circuit Court. The petition says EPA failed to follow Congress's directions to ensure all new Safe Drinking Water Act regulations are evaluated according to the best available science. WESTCAS members believe EPA set the arsenic sstandard based on compromise designed to keep environmental groups and drinking water suppleirs at bay, rather than on good science," said Doug Karafa, WESTCAS president.

Specifically, Karafa said EPA ignored arsenic studies performed in the United States and ignored comments by the National Research Council and EPA's own Science Advisory Board relating to calculations on which EPA based its standard. "By using faulty science, EPA exaggerated the benefits and minimized the costs the new standard will impose on water customers throughout the country and particularly in the west," said Karafa. "What's more, EPA rushed publication of the rule for political reasons."

Congress extended the deadline for promulgation of the new arsenic rule until June 22, 2001, but EPA published the rule a full six months early.

The city of York would have to come up with at least $12 million to comply with new federal regulations on the amount of arsenic allowed in drinking water. In Alliance, city officials would have to spend $6.5 million or $650 per person. Norfolk would have to shell out $9.5 million. All told, the new water regulations would cost 51 rural Nebraska communities $97 million, state officials estimate.

That's why Attorney General DOn Stenberg plans to file a lawsuit in U.S. Count of Appeals in Washington, DC, challenging the regulations, which would require communities to limit the amount of arsenic in municipal water supply systems to no more than 10 parts per billion. The previous standard, established in 1942, was 50 ppb.

The agency estimates that more than 34 million Americans drink tap water with unacceptable levels of arsenic. But Stenberg said there is no evidence that arsenic in drinking water is causing health problems in Nebraska. He said arsenic occurs naturally in ground water in many parts of the state, especially central and western Nebraska.

Environmentalists have argued for years that the arsenic standard should be lowered. Last year, EPA proposed a level of 5 ppb, as demanded by environmentalists, but then settled at 10 ppb.

Five Congressmen signed a letter to EPA Administrator Whitman asking her to review the arsenic rule for "soundness of administrative judgment in weighing the various scientific studies, the economic assumptions, and risk assessments.

The EPA has proposed a rule to protect communities from overflowing sewers. According to EPA the new requirements will help improve our wastewater collection systems by requiring facilities to develop and implement capacity, management, operation and maintenance programs. The 19,000 systems covered by this rule include 4,800 municipal satellite collection systems which will be directly regulated under the Clean Water Act for the first time. For additional information go to www.epa.gov/owm/sso.html

The most recent issue of Waste News reported that the Virginia Supreme Court ruled that local governments can not ban human waste as fertilizers. Four Virginia Counties had outlawed the use of biosolids or sewer sludge as fertilizer. Farmers who used the sludge challenged these laws and argued that they had permits from the Virginia Department of Health. The Court agreed with the farmers. The article went on to state that even though the farmers won their case, there is no rush to utilize sludge on a large scale and that they will work with local governments to further address the issue.

The New York State Solid Waste Management Plan 1999-2000 update indicated that approximately 358,000 dry tons of biosolids were generated within the state in 1998 which is about equal to 1995 production. Of that total, 112,000 tons were incinerated, 60,000 tons were landfilled, 183,000 tons were beneficially used (compost, heat drying, chemical stabilization, and direct land application), and 3,000 tons were disposed of in other ways. It appears that the biggest shift in disposal from 1995 is a 1% increase in incineration and a 9% increase in beneficial use applications while landfilling decreased by 10%.

Dave Cole, our Program Specialist recently received a question about the stage I Disinfection & Disinfection By-Products Rule (D/DBP) Rule #63 RF69390, Dated 12/16/98.

To locate info you can go to EPA's web site which is: http://www.epa.gov/safewater/mdbp/dbpfr.html

What would happen if you used a couple gallons of gas to start a fire in your yard? Would the methyl tertiary butyl ether (MTBE) dissipate when it's burned? Or does it contaminate the ground water?

MTBE is very volatile,therefore it's possible that a portion is dissipated when it was burned. However, it's also possible that some could have leached into the ground. The geology of the soil would determine the results. A porous soil would increase the possibility of leaching, and a dense soil would obviously decrease the chances. MTBE does have a distinct taste and odor. At 20-40 parts per billion it does smell like turpentine. I haven't spoken to anyone who has tasted it, so that I can't speculate on. If you know, let me know.

For the past year and a half preparation was underway to produce a capacity development strategy for providing assistance to existing drinking water systems. The New York State Department of Health has received EPA approval on the Capacity Development Program Strategy Report: Improving the Technical, Managerial, and Financial Capabilities of Public Water systems in New York.

The NYS Department of Health is now set to focus efforts on implementing the existing drinking water systems strategy to assist existing public water systems acquire and maintain the necessary capacity.

All new community water systems and all new non-transient, noncommunity water systems that begin operation after October 1, 1999 will need to demonstrate adequate capacity. The Drinking Water State Revolving Fund provision prohibits states from providing Drinking Water State Revolving Fund assistance to public water systems that lack adequate capacity.

The initial task for implementation is to identify those public water systems that are in significant non-compliance, have a maximum contaminant level violation(s), have repeated emergency outages, or demonstrate an inability to adequately respond to a specific emergency.

A systems baseline measure of capacity will be established using compliance data, results from a recent sanitary survey or comprehensive performance evaluation, and results from a system capacity evaluation.

The NYSDOH in conjunction with the City and County Health Departments will have the primary responsibility for identifying which public water systems are in need of improving their technical, managerial, and financial capacity.

The final bill that we have been tracking that passed both houses prior to the end of the session was signed by the Governor.

S.4778A (Balboni)DEC Waste Site Notification - this bill requires the state Department of Environmental Conservation to proivde notice of new inactive hazardous waste sites to public water suppliers as part of the DEC's annual compilation of information for the regional inactive hazardous waste site registry. It is now Chapter 476 of the laws of 2000.

Governor Pataki recently signed legislation to modify the types of projects eligible for funding under the Municipal Waste Reduction and Recycling Program. The new law allows NYSDEC to provide 50% reimbursement funding for local costs related to recycling planning, education and promotion that includes the costs of local Recycling Coordinator salaries.

In order to survey the level of interest among the municipalities, the DEC's Division of Solid and Hazardous Materials, Bureau of Waste Reduction and Recycling has forwarded "Pre-Application" forms to many of the communities in the State. Interested parties are asked to complete the form and return to the DEC as soon as possible.

If you have received a form and feel that this aid could help your recycling program, please send it back immediately since these pre-applications will be accepted on a first come-first served basis. If you have not received a form and are interested in applying for this funding, please contact Bob Messinger at the NYRWA office number. You could also contact Gus Ribeiro or Sharon Smith at the DEC Bureau of Waste Reduction and Recycling. Their number is (518) 457-8829

Some recent personnel changes occurring in the State include Sue Ryan and Lisa Foley leaving the Broome County Division of Solid Waste Management. Both Sue and Lisa played a huge role in promoting recycling and hazardous waste collection in that county. Sue went to a local university and Lisa joined a private company. We were also sorry to learn that Janet Matthews of the NYS Assembly's Legislative Commission on Solid Waste has left for a position in Portland, Oregon. Janet was with the Commission for over 13 years and her efforts on behalf of the solid waste community will be dearly missed.

The use of the gasoline additive methyl tertiary butyl ether (MTBE), will no longer be allowed in New York State, beginning in 2004. Use, sale, dispensation or import of MTBE, which has been used since the 1970's, will be banned starting in 2004 and violators will be subject to a civil penalty of up to $10,000. Legislation disallowing the use of MTBE was signed into law May 24.

The 2000 Legislative session did not produce a new long-term financing plan to support the clean up of hazardous waste sites around the state. In addition, efforts to improve accountability and transparency in the Brownfields Program fell short of a consensus.

Our National Representatives met last week with Senator Crapo, who chairs the subcommittee that oversees the Safe Drinking Water Act in the Senate. Senator Crapo asked that all water systems let their congressmen know about the problems that arsenic and radon will pose for them. He asked that each state have their small water systems write to their congressmen and U.S. Senators. If your system suspects a problem with arsenic and radon call or write your elected officials asking them to do something this fall.

In testimony on June 20, 2000, the president of the National Rural Water Association, Mr. Randy Van Dyke from Iowa adddressed concerns before the U.S. Senate Environment and Public Works Subcommittee on Fisheries, Wildlife and Water about the Safe Drinking Water Act.

First signed on December 16, 1974, the SDWA was the first mandatory national program enacted with the purpose of protecting public health by establishing standards for public drinking water supplies. Van Dyke addressed three basic issues of concern: the use of sound science and cost/benefit in rulemaking; input from stakeholders in the process; and an emphasis on flexibility in the law to reduce bureacracy. Rural water officials have voiced concern that federal drinking water rules have failed to protect local public health resources from being wasted.

"Our purpose in appearing before the Senate subcommittee was to demonstrate to them that this is an issue of affordability," Van Dyke said. "Improving drinking water in small communities is more of a resource problem than a regulatory problem. Every community wants to provide safe water and meet all drinking water standards. After all, local water systems are operated by people whose families drink water every day, who are locally elected by their community, and who know first-hand how much their community can afford."

The National Rural Water Association is a federation of 45 State Rural Water Associations serving 49 states and 20,000 small and rural water and wastewater systems across the nation. The mission of the organization is to provide quality drinking water to every individual in the country.

To read a transcript of Randy VanDyke's presentation, see the home page of NRWA website at 222.nrwa.org

The New York State Senate and Assembly has passed Bill Number 6439C which adds planning and promotional costs associated with a recyclables recovery program into the definition of cost for the purposes of municipal recycling projects. This will mean that recycling coordinators, educators, and consultant's salaries as well as capital expenses will be eligible for 50% grant awards under the State's Municipal Waste Reduction and Recycling Program. It will somewhat replace the old LLRP grant program that expired years ago.

Because of limited local budgets, it has been estimated that over 50% of municipal recycling coordinators have been either transferred to other departments or dismissed over the last ten years. Hopefully this legislative action will help reestablish some of those positions and promote recycling in the communities.

This Bill took the place of a bill we had been tracking all session - allowing grants of up to 50% for the cost of reduction/recycling coordinators. Approved by the Governor Jully 11th and is Chapter 146 of the laws of 2000.

EPA is proposing the Long Term 1 Enhanced Surface Water Treatment Rule and Filter Backwash Rule (LT1FBR), which will increase protection of finished drinking water supplies from contamination by Cryptosporidium and other microbial pathogens. The LT1FBR provisions will apply to public water systems using surface water or ground water under the direct influence of surface water (GWUDI). The turbidity, finished water reservoir, watershed control, and disinfection benchmarking provisions of the LT1FBR will apply to systems serving fewer than 10,000 people. The recycle provisions will apply to certain systems regardless of size. The LT1FBR is scheduled to be final by November 2000.

In 1996, Congress amended the Safe Drinking Water Act (SDWA). The Amendments require EPA to establish an LTIESWTR (for systems serving less than 10,000 people) by November 2000 and also to establish a regulation to govern the recycling of filter backwash water within the treatment process of a public water system by August 2000.

The LTIFBR provisions will apply to public water systems using surface water or GWUDI systems.

LT1 Provisions - apply to systems serving fewer than 10,000 people, and fall into the three following categories:

Turbidity - Conventional and direct filtration systems must comply with specific combined filter effluent turbidity requirements; Conventional and direct filtration systems must comply with individual filter turbidity requirements;

Disinfection Benchmarking - Public water systems will be required to develop a disinfection profile unless they perform applicability monitoring which demonstrates their disinfection byproduct levels are less than 80% of the maximum contaminant levels;

If a system considers making a significant change to their disinfection practice they must develop a disinfection benchmark and receive State approval for implementing the change;

Other Requirements - Finished water reservoirs for which construction begins after the effective date of the rule must be covered; and; Unfiltered systems must comply with updated watershed control requirements that add Cryptosporidium as a pathogen of concern.

FBR Provisions - Apply to all systems, which recycle regardless of population served

·Recycle systems will be required to return spent filter backwash water, thickener supernatant, and liquids from dewatering process prior to the point of primary coagulant addition unless the State specifies an alternative location;

·Direct filtration systems recycling to the treatment process must provide detailed recycle treatment information to the State, which may require that modifications to recycle practice be made, and;

·Conventional systems that practice direct recycle, employ 20 or fewer filters to meet production requirements during a selected month, and recycle filter backwash water and/or gravity thickener supernatant within the treatment process must perform a one month, one-time recycle self assessment. The self-assessment requires hydraulic flow monitoring and that certain data be reported to the State, which may require modifications to recycle practice, be made to protect public health.

For general information, please contact the Safe Drinking Water Hotline at 800-426-4791. The hotline is open Monday through Friday, excluding Federal holidays, from 9 a.m. to 5:30 pm Eastern Time. For specific information on LT1FBR provisions, contact Jeffrey Robichaud, US EPA, Office of Ground Water and Drinking Water (MC 4607), 401 M Street SW, Washington, DC 20460. Telephone (202) 260-2568.

EPA is proposing a rule, which specifies the appropriate use of disinfection in ground water and addresses other components of ground water systems to assure public health protection. The Ground Water Rule (GWR) establishes multiple barriers to protect against bacteria and viruses in drinking water from ground water sources and will establish a targeted strategy to identify ground water systems at high risk for fecal contamination. The GWR is scheduled to be issued as a final regulation in November of 2000.

Although ground water has historically been thought to be free of microbial contamination, recent research indicates that some ground waters are a source of waterborne disease.

Presently, only surface water systems and systems using ground water under the direct influence of surface water are required to disinfect their water supplies. The 1996 amendments to the Safe Drinking Water Act require EPA to develop regulations that require disinfection of ground water systems ?as necessary? to protect the public health. The proposed GWR will specify when corrective action (including disinfection) is required to protect consumers who receive water from ground water systems from bacteria and viruses.

This rule applies to public ground water systems (systems that have at least 15 service connections, or regularly serve at least 25 individuals daily at least 60 days out of the year). This rule also applies to any system that mixes surface and ground water if the ground water is added directly to the distribution system and provided to consumers without treatment. The GWR does not apply to privately owned wells, however, EPA recommends private well owners test for coliform bacteria once each year.

EPA will take public comment on the proposed Ground Water Rule for 90 days. For more information, the general public can call the Safe Drinking Water Hotline at 800-426-4791. A fact sheet, the proposal, and additional information are also available at http://www.epa.gov/safewater/gwr.html.

Although both houses of the Legislature will meet tomorrow to finish Bills that have to be done, the session basically wrapped up last week. Bills that had calendar numbers but were not acted on have been Recommitted to the Rules Committees. This session water suppliers enjoyed some notable successes.

* The Governor's proposed water tax was subjected to such opposition that he withdrew the proposal before it could be rejected by the Legislature.

* Phase out of MTBE in reformulated gasoline by January 1, 2004, was signed into law.

* DEC Waste site notification was passed by both houses and will be sent to the Governor for action.

Following are the critical bills we have been tracking that passed the Legislature this session:

S. 6137-A (Marcellino) / A. 5513-A (DiNapoli) - Phase out of Methyl Tertiary-Butyl Ether (MTBE) in oxygenated gasoline sold in New York. Approved by the Governor May 24, and is Chapter 35 of the laws of 2000.

S. 4778 A (Balboni) / A.7387 (DiNapoli) - DEC Waste Site Notification- This bill requires the state Department of Environmental Conservation to provide notice of new inactive hazardous waste sites to public water suppliers as part of the DEC's annual compilation of information for the regional inactive hazardous waste site registry. Passed the Senate on 6/7; Passed the Assembly on 4/12. This bill now awaits action by the Governor.

S. 8087 (Bonacic) / A. 6439-C (Gunther) - This bill includes planning and promotional costs associated with a recyclables recovery program in the definition of cost. Introduced in the Senate on 6/9 and amended in the Assembly to become the same bill on the same day, It passed the Senate on the last day of session 6/14, and passed the Assembly on the last day of its session, 6/15. This bill took the place of a bill we have been tracking all session, S. 3303-B (Bonacic) / A. 6439-B (Gunther) - Allows grants of up to 50% for the cost of reduction/recycling coordinators. This bill now awaits action by the Governor.

Following are the critical bills we have been tracking that did not pass the Legislature this session:

S. 6130-A (Morahan) / A. 9467-A (Colman) - Back-up chlorination - To require that all private or public water companies that require chlorination or water purification treatment be equipped with back-up pumps or other fail-safe system to ensure continued treatment. This legislation was amended in both houses so that it would now amend the public health law rather than the public service law, which means it would definitely apply to all water suppliers. Referred to Senate Energy it was reported to Water Resources May 9; referred to Assembly Corporations, it has now been referred to the Health Committee.

S. 5907 (Balboni) Linked Deposit Financing Program - This would change the way funds from the Clean Water / Clean Air Bond Act are deposited by the Environmental Facilities Corporation, with the intention being to expand the eligibility for financing. Passed the Senate 4/10 and delivered to the Assembly.

S. 4244-B (Hannon) / A. 6751-B (Vitaliano) Damage For Delay - To require that every construction contract entered into by the state, municipal corporations, school districts, or any other public entities to contain a "damage for delay" clause.

Providing clean drinking water is an infrastructure intensive activity. This clause would entitle the contractor to recover additional costs for excusable delay. If enacted, this bill would subject taxpayers to unfair and unwarranted increases in costs.

Unforeseen problems resulting in delay are understood to be a standard element of construction projects, and are currently factored in to the equation by responsible contractors when they submit bids as part of the competitive bidding process. This legislation would alter this process by encouraging irresponsible bidders to participate by submitting "lowball" bids and then seeking significant increases through the "damage for delay" clause.

In addition, the state's "Wicks Law" requires public construction projects to use four separate contractors. Under this legislation a delay by any one of the contractors would allow the other three to recover damages from the public entity. In fact, one of the major reasons that four separate contractors are encouraged to coordinate their efforts in a timely manner under the current system, is that the clause prohibiting recovery of "damages for delay" that is standard in public construction contracts has been upheld by the New York Court of Appeals.

If enacted, this legislation would impose an unfair and unwarranted additional burden on taxpayers. Similar legislation was adopted two year's ago, but vetoed by the Governor. The state's General Building Contractor's are seeking to have the existing bills amended by the sponsors in a way that would satisfy the objections raised by the Governor in his veto message.

Referred to Senate Finance - no action yet; referred to Assembly Ways and Means - no action yet.

S. 784 (Goodman) / A. 859 (Sanders) - Wicks Law Revisions. This legislation would modify the Wicks Law (Section 101 of the General Municipal Law - originally adopted in 1921), by increasing the capital cost threshold for requiring separate contracts. This legislation died in committee of origin in both houses. It is estimated that this reform would save $400 million annually statewide. Other organizations which supported this legislation include: the Association of Towns of New York State, New York State Association of Counties, New York State Conference of Mayors, New York State School Boards Association, Consulting Engineers Council of New York State, New York State Society of Professional Engineers and the General Building Contractors of New York State. Referred to Senate Local Governments - no action yet; referred to Assembly Local Governments reported to Ways and Means 6/13.

Water Conservation Measures - The Assembly Legislative Commission on Water Resource Needs of New York State and Long Island circulated a series of draft legislative proposals last session resulting from the series of statewide hearings it conducted two years ago. These proposals are all intended to impose water conservation measures on either water suppliers or consumers.

Three elements of these proposals have been introduced as legislation: A. 5512 (DiNapoli) - To restrict lawn watering between the hours of 10 a.m. and 3 p.m. Referred to Assembly Environmental Conservation - no action yet.

S. 4626 (Balboni) / A. 5509 (DiNapoli) - Requiring all outdoor sprinkler systems to be equipped with moisture detection sensors. Referred to Senate Water Resources - reported to the floor 4/18, calendar # 691; referred to Assembly Rules reported to the floor 4/3, calendar # 240. .

S. 5305-D (Marcellino) / A. 6664-D (DiNapoli) - Requiring lawn irrigation installers to be certified. Referred to Senate Consumer Protection amended twice in June and recommitted to Consumer Protection; referred to Assembly Economic Development - amended and reported to Codes 6/2, reported to Ways and Means 6/14, amended in Ways and Means 6/19.

A. 2743 (Dinowitz) - Restricting the Siting of Water Filtration Plants. Would place restrictions on the siting of water filtration plants with regard to electromagnetic fields generated by pumps and power transmission lines serving pumps. This legislation would require that water suppliers reduce the Electromagnetic Field (EMF) to two milligauss in any home or school located within a one mile radius of any proposed water filtration plant. This would make it virtually impossible to site a water filtration plant in any location close enough to consumers to do them any good. Referred to Assembly Environmental Conservation - no action yet.

S. 4398 (DeFrancisco) / A. 6453 (Englebright) - Authorizes the taking of title to solid waste by municipalities. Referred to Senate Local Governments - no action yet; Referred to Assembly Local Governments - no action yet.

S. 4898 (Maziarz) / A. 6254 (Hochberg) - Prohibits open burning of solid waste. Referred to Senate Environmental Conservation - no action yet; Passed Assembly 4/12 and referred to Senate Tourism Committee.

S. 3480 (McGee) / A. 527 (Smith) - Makes provision for waste tire abatement. Referred to Senate Environmental Conservation - no action yet; referred to Assembly Environmental Conservation - no action yet.

A. 993 (Brodsky) - Provides a program of tax credits, deductions and exemptions to encourage recycling. Referred to Ways and Means no action yet.

A. 1751 (Tokasz) - Regulates management and disposal of household hazardous waste. Referred to Environmental Conservation - reported to Ways and Means 6/14.