Secretary of State Randy A. Daniels announced on June 4 on the Western Waterfront Pier in Oyster Bay that the New York State Department of State has determined that a proposal by the U.S. Environmental Protection Agency (EPA) to allow dredged dump sites in Long Island Sound is inconsistent with New York State's Coastal Management Program.

"Allowing dredged materials to be dumped in Long Island Sound would imperil the health of this vital waterway and impact economic and recreational activities in shoreline communities," Secretary Daniels said. "Governor Pataki's commitment to restoring and protecting Long Island Sound has been instrumental in improving its water quality and ability to sustain marine life. We cannot allow an ill-advised proposal to undermine our efforts."

He objected to the dumping considering the amount of money the state has invested in cleaning up LIS.

Since 1995, the Pataki administration has invested nearly $340 million to clean up Long Island Sound by eliminating the introduction of contaminants from sewage and stormwater runoff. Allowing new contaminants from dredged materials to be dumped into the most stressed areas of the Sound will impair water quality and efforts to make the Sound healthier.

"The Department of State has repeatedly advised the EPA to consider land-based alternatives for the dredged material dump sites, which would prevent the introduction of additional contaminants into the Sound," the Secretary said. "New York State will continue to work with local communities and organizations to ensure that Long Island Sound remains an active and healthy community resource, not a dumping site. We humbly suggest that the EPA does the same."

The Department of State's determine focused on the potential introduction of contaminants like PCBs and radioactive cobalt-60 into the Sound; the impact of the dump sites on the already stressed ecosystems and fisheries in the Sound, including lobster fisheries that have declined by as much as 90 percent in recent years; the absence of definitive information on the cumulative impact of the dumping; and the introduction of a preventable source of pollution into the Sound when alternative disposal options exist.

The Department of State received a letter from EPA in May 2003 regarding its dredged material dump site proposal. The Department of State's Division of Coastal Resources sent comments to EPA in July 2003 outlining agency concerns. In November of 2003, the Department of State and the Department of Environmental Conservation (DEC) sent a joint letter to EPA advising them that New York State had major concerns about the data and analyses submitted, and that additional information was required to render a consistency decision.

On March 8, 2004, the Department of State received a letter from EPA certifying the consistency of two Long Island Sound dredged material dump sites - Central Long Island Sound and Western Long Island Sound - that fall within the New York State Coastal Management Plan. Under federal law, projects and activities in coastal areas must be reviewed by the Department of State to ensure they are consistent with the State's Coastal Management Plan, the Long Island Sound Coastal Management Plan, and approved Local Waterfront Revitalization Programs (LWRPs).

In a letter to the EPA on April 30, 2004, Secretary Daniels requested that the federal agency withdraw its consistency certification to allow additional data and information to be collected and reviewed. The Secretary also encouraged EPA to conduct a more thorough analysis of land-based disposal alternatives, as required by the federal Marine Protection Resources and Sanctuaries Act (also known as the Oceans Dumping Act).

EPA responded to this request by extending the public review and comment periods on the proposal by two weeks. However, the agency did not withdraw its consistency designation.

Secretary Daniels noted that New York State, in conjunction with the State of New Jersey and the Port Authority of New York/New Jersey, successfully found alternative upland disposal options for dredged material from New York Harbor to comply with a federal ban dumping in the Atlantic Ocean. Secretary Daniels said every effort should be made by EPA to provide similar protections for Long Island Sound.