Environment DEC
From the June 2005 issue
Agreement to Protect Long Island Sound Imposes Historic Restrictions on Dumping
Restrictions imposed by the agreement will make certain that alternatives to dumping into the Long Island Sound are sought
Governor George E. Pataki has announced the successful conclusion of negotiations that lasted nearly a year between New York, Connecticut and the federal government to impose historic restrictions on the dumping of dangerous dredged materials into the open waters of the Long Island Sound. "This is a great victory for all of the communities located on the Long Island Sound and for those who make use of its waters, including the commercial fishing industry, recreational boaters and everyone who swims along the Sound's wonderful beaches," said the Governor.
The agreement, which involved negotiations between the Governor's office, the New York State Department of State, the federal Environmental Protection Agency, the Army Corps of Engineers and the State of Connecticut, will continue the state's efforts to protect and restore Long Island Sound. The agreement imposes 14 specific restrictions designed to ensure that alternatives to dumping are sought and, only if absolutely necessary, to allow for the safe disposal of dredging materials in two sites. If any of the restrictions are not met, the EPA has agreed to rescind the disposal site designations and cease dumping altogether.
The agreement outlines conditions requiring state and federal agencies to work cooperatively to develop and implement a regional dredged material management plan (DMMP). The DMMP will provide a framework for advancing alternatives to open water disposal, including efforts to use dredged material beneficially, as well as the application of innovative technologies to process and treat dredged sediments, which often contain dangerous, toxic ingredients such as heavy metals.
Process History
The negotiation process dates back to June 3, 2004, when the New York State Department of State, pursuant to the Coastal Zone Management Act, objected to a proposal by the EPA to designate two dredged material sites in the Long Island Sound. In an effort to avoid risky and possibly unsuccessful litigation, the Department of State sought a negotiated settlement, with the first key agreement reached on February 8, 2005 in a joint letter from Governor Pataki and Connecticut Governor M. Jodi Rell to the Army Corps of Engineers calling on the federal agency to develop a DMMP for Long Island Sound. This process was completed by May 13, when both states and the federal government reached a final agreement, published in the Federal Register on May 27.
Agreement Details
Under the agreement, three currently permitted projects will be allowed to use two designated sites located in the western and central regions of Long Island Sound for the next three years. The projects include dredging being undertaken in New Rochelle and Rye, New York and in Norwalk Connecticut.
The agreement also calls for the formation of a regional dredging team (RDT) comprised of regulatory and coastal policy specialists from the states and federal agencies. The RDT will be charged with identifying alternatives to open water disposal and seeking solutions for dredged material use on a project-by-project basis until the completion of the DMMP. The RDT will be a coordination mechanism between the states and federal agencies while the DMMP is being developed. As a condition of the agreement, the use of the central and western disposal sites will not be allowed if any practical alternatives are available within the region.
Upon completion of the DMMP, use of the sites will be allowed for permitted projects that comply with the standards and procedures outlined in the DMMP. These standards will ultimately minimize open water disposal in Long Island Sound.
Acting DEC Commissioner Denise Sheehan said, "This agreement builds on the Governor's commitment to the preservation of Long Island Sound and protects New York's $340 million investment to clean up this remarkable natural resource. We are all pleased to have been part of this successful negotiation that will continue this proud legacy."
