MINUTES

COMMITTEE ON THE ENVIRONMENT

Tuesday, February 15, 2000

3:00 P.M.

 

 

PRESENT:  Chair:  M. Kaplowitz.  Members:  V. Pinto,  U. LaMotte,

J. Maisano.

 

LEGISLATOR:  Kay Carsky

 

STAFF:  Rob Hoch;  Charlotte Ryer

 

ALSO PRESENT:  Comm. Robert Vrana, Mary Landrigan, J. Carlos Torres (WC/DOH);  Hon. Sy Globerman (Supv.-No. Salem);  Hon. Joy Simpkins (Supv.-Pound Ridge);  Carmine & Lorraine Colarossi (Yrktwn);  Bill Randolph, Ingrid Bent (CE’s Offc.);  James Grefig (WC/PMC);  Kerry Grefig;  Kara Murphy (Rep. Lowey’s Ofc.);  Gerald Nappi (Rep. Kelly’s Ofc.);  Hon. Rosalie Menegas (Councilwoman-Somers);  Hope Corbin;  Fedora DeLucia;  Eugene Driscoll (Press/Patent Trader).

 

DISCUSSION:

The meeting was called to order at 3:05 p.m.  Chair Kaplowitz introduced a few of the invited guests, and also introduced today’s subject.  He noted that MTBE is (now) a very controversial subject gaining public attention.  The proposed (Board) resolution will be reviewed as to what should/can be done on a State and Federal level.  Next, a portion of the videotape “60 Minutes” (the segment on MTBE), which aired on public television, (February, 2000) was shown.

 

After a review of the videotape, Chair Kaplowitz called on the invited guests to speak.

 

Hon. Sy Globerman, Supervisor of North Salem stated that his town (Croton Falls water district) had problems with their water for over a year.  The Health Department filtered the water supply for a year, and was unable to trace where the problem originated due to faulty equipment used for testing the soil.  He added that when the problem was verified, the State intervened, paid for most of the water that had to be brought in (to the town), paid for the water filtering system, and the


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work that had to be performed.  Mr. Globerman also expressed that there were a lot of problems getting coordination from the State to the County departments.  Once the filtering began, in about 14-months, the MTBE began to dissipate and eventually disappear – noting that it also travels.

 

Hon. Joy Simpkins, Supervisor of the Town of Pound Ridge has been working for 5½ years with the DEC.  The water in her area cannot be used for drinking and cooking, and noted that the town is depending on the DEC to resolve these issues.  The DEC (through testing) has determined that the Shell gas station is responsible for the MTBE’s found in the water supply, even though Shell has not acknowledged that they are responsible.  She feels that since Shell is responsible, it should provide some of the water (piped-in from a neighboring Connecticut reservoir) for the residents, permanently – but the town of Town of New Canaan (CT) is not happy with the idea of having their streets dug-up to provide pipelines for NY.  Ms. Simpkins expressed that her position is that the NYDEC is a State authority and should take a pro-active role in dealing with the similar State of Connecticut agency in order to resolve this public health issue and, make the plan to provide the water, a priority.  She added that notification was received (today) that DEC wants to meet again (02/24/00).  She emphasized that at this point, she is quite discouraged, and hopes the time will come when it can be said that major efforts are being made to help resolve this situation.

 

Chair Kaplowitz commented that there are two parts to this issue, a cessation of what is going to happen, and a remediation of what has already happened; and will be reflected in the resolution.

 

Next, Chair introduced Pam Lemmons, a volunteer constituent person researching, investigating and working closely on his pending issues.  He noted that he and Pam recently visited the property/home of Mr. and Mrs. Carmine Colarossi, residents of Yorktown Heights.

 


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Chair then introduced the Colarossi’s, who had written a letter to Legislator Kaplowitz (dated 02/08/00), explaining their personal experience and existing problems with MTBE on their property (copy of letter on file).

 

Carmine & Lorraine Colarossi – Carmine emphasized that when notified (through the DOH) that his soil and well was contaminated, it was an upsetting experience (both physically & mentally) – and is not sure how long he has been ingesting MTBE.  He further explained that he has contacted numerous agencies (DEP, DEC, etc.) and they seem to be moving very slow on this issue.  He also stated that within 300-feet of his home there is a pond and spring-fed stream that goes directly into the (Croton) reservoir.  Lorraine spoke on inhalation, noting that she specifically asked the various departments if it would be harmful to take a shower.  At first, she was told that a shower is okay, but do not drink, brush your teeth, or cook with the (well) water.  Four (4) months later, she was told showering was unsafe, also.  Carmine asked if DEC or anyone knows when the MTBE additive was first used in their area, with Lorraine adding that they have lived in their home since 1988.  Chair Kaplowitz responded that the question was one for the DEC to answer, but they opted not to participate in today’s meeting.

 

Robert Vrana, Deputy Commissioner of Environmental Health noted that there are fifteen (15) active MTBE sites in the County, and that the responsibility of checking the sites has been removed from DEC and is now the County’s responsibility.

 

Fedora DeLucia, a resident of Somers, interjected that she lives near one of the active sites, and has seen the spillage continuing for years – even though she has reported the occurrence (numerous times), nothing has ever been done to rectify the situation.

 


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Chair Kaplowitz informed Ms. DeLucia that her frustration should be directed to the DEC or DEP, and noted (for the record) that the EPA, DEC, and DEP were notified to attend this meeting, and no representative had been sent.

 

Mr. Vrana continued, emphasizing that the Health Department is usually the first to be notified when there is a problem with a (private) well.  He noted that the Department takes a sample for testing, then notifies the responsible government entity with the results for remediation and for the installation and maintenance of filters, or other requirements.

 

The discussion continued with the DOH explaining that continuous efforts are being made to remove MTBE from the groundwater/soil sources.

 

Kara Murphy (representing Congresswoman Nita Lowey) noted that the Ms. Lowey is concerned about the situation, and disturbed about the health problems arising from MTBE.

 

Chair Kaplowitz asked if Congresswoman Lowey would be willing to act quickly and support legislation based on the proposed resolution for the removal of MTBE.  Ms. Murphy responded that Ms. Lowey would be in favor.

 

Gerald Nappi (representing Congresswoman Sue Kelly) commented that presently, there are two Bills in Congress: (1) to ban MTBE altogether; (2) to gradually phase out MTBE.  Congresswoman Kelly has been reviewing both Bills and in contact with the EPA in order to sort out details for her final decision.  Mr. Nappi expressed that Congresswoman Kelly wants to work with the Environment Committee to find a viable solution, and is proposing legislation to look closely at regulations when using gasoline additives.


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Chair Kaplowitz then suggested that the proposed resolution be reviewed for revisions.  Rob noted that an article from NYPIRG, stating that DEC acknowledged that there were 91 (MTBE) contaminated sites in Westchester County, and he was curious as to whether this has been investigated.  Carlos Torres (DOH) replied that each site has been investigated or looked into.  A brief dialogue continued.  Chair emphasized that the continued use of MTBE would eventually lead to an environmental disaster.  Chair questioned if the County (within the DOH budget) would have the opportunity to create an MBTE grouping/person (ombudsman) for the Board, who could prepare a checklist to evaluate the health and safety of Westchester residents, since the DEC is unable to provide this type of service.  Chair asked Rob to set up a meeting with DEC, DOH and State and local delegation representatives, he then focused on the resolution.

 

The resolution was reviewed corrections were made and approved, as amended, on the motion of Legislator Pinto, seconded by Legislator LaMotte, with all in favor.

 

With no further business to discuss, on the motion of Legislator LaMotte, seconded by Legislator Maisano, the meeting adjourned at 4:25 p.m.

 

 

 

 

(Supervisor Simpkins added that the air quality would also improve with the ban of MTBE, and that she favors the resolution.)