State Oversight of Drinking Water Crisis Requested

NEWBURGH – In written testimony to the State Senate Health and Environmental Conservation Committees, Riverkeeper drew attention to the Department of Health’s delayed and problematic response to the drinking water contamination crisis in Newburgh, NY. Despite years of exposure to PFOS, a toxic chemical linked to several health conditions, the residents of Newburgh have yet to receive a fair and comprehensive response from the Department.

Drinking water contamination is nothing new. Hoosick Falls and Petersburgh, NY have experienced similar crises with a related chemical, PFOA. The Department’s response there, compared with its response in Newburgh, demonstrates the agency’s disparate treatment of the two communities. Residents in Hoosick Falls and Petersburgh received blood tests, but the residents of Newburgh are still waiting to find out the extent of their exposure. While the State must do more to provide a comprehensive response to drinking water contamination, including medical monitoring and source water assessments, blood tests are a necessary first step in Newburgh.

Riverkeeper will continue to advocate for a fair and comprehensive response to the drinking water contamination crisis in Newburgh at the September 7, 2016 State Senate and Assembly Public Hearing on Water Quality Contamination in Albany and the September 19, 2016 community meeting in Newburgh.

Following is the written testimony submitted by Riverkeeper.

Re: Written Testimony for the August 30, 2016 Joint Senate Health and Environmental Conservation Committee Hearing on Drinking Water Contamination at Hoosick Falls

Dear Senators Hannon and O’Mara:

Riverkeeper, Inc. hereby submits this written testimony into the public record for the August 30, 2016 Public Hearing of the Senate Standing Committees on Health and Environmental Conservation. The water contamination crises in Hoosick Falls and Petersburgh, New York are an urgent warning for the residents of the State of New York on an issue that requires immediate attention and oversight. The crisis in these communities has properly drawn attention to the environmental health implications of contaminated drinking water. The Department of Health’s response to the crisis was delayed and continues to be problematic, especially with regard to blood testing and the need for bio and medical monitoring. This raises serious questions about the agency’s effectiveness in providing a comprehensive public health and environmental response to drinking water contamination.

Water contaminated by perfluorinated compounds (“PFCs”), including perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) extends beyond the Village of Hoosick Falls drinking water supply. Hundreds of homes in the Town of Hoosick Falls with private wells were also found to have elevated levels of PFOA. Additionally, PFOA has been detected at the highest levels to date at the Hoosick Falls town dump, and low levels of PFOA have been detected in the Hoosic River.

Beyond Hoosick Falls, the scope of PFC contamination in the U.S. is far more widespread than previously known, impacting the drinking water supply of millions of residents at the source—long before it reaches the taps in our homes. Despite these realities—the lessons of Hoosick Falls and the ongoing suffering of the residents exposed to the contamination—the Department of Health is providing yet another delayed, problematic response to the most recent known crisis in the City of Newburgh, New York.

We submit these written comments to the State Senate documenting our efforts to raise awareness of the issue of water contamination in Newburgh, and to establish a path forward that includes a comprehensive public health and environmental response. We ask the Senate to review and to investigate the Department of Health’s continuing problem-plagued response, and to develop legislative and fiscal priorities for state agencies to respond to address the future concerns of victims of contaminated drinking water.

Timeline of the State’s Response to the Crises Hoosick Falls and Newburgh.
A local resident discovered PFOA contamination in Hoosick Falls in the fall of 2014. A year later, in November 2015, the U.S. Environmental Protection Agency advised residents against drinking the contaminated water. Then, in January 2016, Governor Cuomo simultaneously announced that Hoosick Falls was designated a Superfund site and that residents would receive tests to determine the level of PFOA in their blood.

Similarly, for years, the residents of the City of Newburgh, a community of 29,000vpeople located on the Hudson River, have been exposed to PFOS in their drinking water. PFOS is a toxic chemical related to PFOA. Riverkeeper first raised concernsvabout water quality issues with the Department of Environmental Conservation in February 2015. In May 2015, the City of Newburgh identified PFOS as a contaminant in the drinking water supply. In May 2016, the City declared a State of Emergency due to the contamination. In August 2016, the State declared the Stewart Air National Guard Base in Newburgh a Superfund site.8 Newburgh residents have yet to receive a commitment from the State for blood tests, despite numerous requests by elected officials, local residents, and advocacy groups, demonstrating a failure to act by Department of Health officials in response to this most recent crisis.
A Comparison of Hoosick and Newburgh Shows The Ineffective and Disparate Treatment For Two Communities Exposed to Drinking Water Contamination.

Earlier this year, the U.S. Environmental Protection Agency issued health advisories for PFOS and PFOA. The New York State Department of Environmental Conservation also issued an emergency rulemaking to classify PFOS and PFOA as hazardous substances.

In short, these government agencies have made it clear that both of these contaminants pose a clear danger to human health and the environment.

Respectfully submitted,
John Parker
Director of Legal Programs