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DEC Report 2013 Final Email

DEC Report 2013 Final Email

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Published by Jon Campbell
DEC
DEC

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Published by: Jon Campbell on Sep 12, 2013
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07/30/2014

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Turning a Blind Eye toIllegal Pollution
DEC’s Failing Record on EnforcingEnvironmental Laws
Acknowledgements:
We thank the Robert SterlingClark Foundation for their support of this work.We also thank the New York State Department of Environmental Conservation staff for the work theydo every day. This report is not a condemnation of their important efforts. Rather, it is a pointed demon-stration that New York’s political leadership must prioritize enforcement of existing environmentallaws in order to protect public health, safety, and our environment.
Author:
Andrew Postiglione
Editors:
David Gahl, Katherine Nadeau & TravisProulx
Graphic Design & Layout:
Loren Baum
Glossary
Executive Summary...................................................3General Recommendations........................................5Introduction...............................................................6Clean Water Act Enforcement...................................7Clean Air Act Enforcement.....................................12Hazardous Waste Enforcement................................16Regulatory Roll Backs.............................................19Conclusion...............................................................22
Acronyms Used in the Report
CAAClean Air ActCAFOConcentrated Animal Feeding OperationCNMPComprehensive Nutrient Management PlanDECDepartment of Environmental ConservationDMRDischarge Monitoring ReportEBPS
Environmental Benet Permit Strategy
ECLEnvironmental Conservation LawEPA
Environmental Protection Agency
FFYFederal Fiscal YeaLQG
Large Quantity Generator 
PCB
Polychlorinated Biphenyls
RCRA
Resource Conservation and Recovery Act
RCSD
Rensselaer County Sewage District
SFYState Fiscal YeaSPDESState Pollution Discharge Elimination
Systems
TSDF
Treatment, Storage, and Disposal Facility
 
3
EXECUTIVE SUMMARY
 New York has a robust body of environmental protections, and justiably so. Environmental protections are
inextricably linked to our state’s economic well-being and sound public health.But as the result of sustained budget cuts during the last decade, the New York State Department of Environ-mental Conservation (DEC) has been forced to choose between increasingly poor options when it comes toenforcing the law.Based on data reported by the DEC to the United States Environmental Protection Agency (EPA) this reportdemonstrates that environmental enforcement is on the decline. Further, the state is increasingly reliant on pol-luter-produced self-monitoring reports to oversee their compliance with environmental permit conditions.Governor Andrew Cuomo often speaks about the need to make state government work better. And in someinstances, he has. Governor Cuomo has led important green initiatives, such as dedicating more resources for  preservation and conservation projects.But the failure to address enforcement issues at the DEC will ultimately sully his record. And while the Cuomoadministration is not responsible for the deep staff cuts of previous administrations, the Governor’s philosophyhas been for his agency to do less with less, leaving it struggling to protect public health, safety, and our sharedenvironment.
Community Consequences
The dismantling of the state’s regulatory presence coincides with signicant cuts to DEC’s regulatory divisions
 – cuts that have had an alarming toll on enforcement actions across all categories investigated.EPA data from 2009 to 2012 compiled by Environmental Advocates show:
Steep declines in total facilities inspected (down 35%), as well as facilities cited for violations (down 25%).A marked decrease in formal enforcement actions undertaken by DEC (down 24%).
DEC inspections o water pollution permit holders declined by 74% between 2009 and 2012 leaving pollut-er-produced monitoring reports largely unverifed.
In just four years, air permit inspectors cut stack testing of emission sources by 44% and documented fewer 
facilities in violation (down 53%) or in signicant noncompliance (down 50%) with permit provisions.
State hazardous waste regulators inspected only 3.5% of operating facilities and generators in New York and
documented signicantly fewer of these facilities in violation (down 31%) and in signicant noncompliance
(down 68%) of permit provisions as compared to four years ago.
Governor’s philosophy has been for his DEC to do less with less

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