State government set high water quality standards and actively enforce its regulations. But we have found that pollution abatement needs the support of the Federal Government in the areas of legislation, research, financial aid, and trained personnel. Water and air quality is a national problem and any improvement requires the best efforts of all levels of government. The case of Raritan Bay especially emphasizes the need for energetic enforcement of pollution abatement programs. Here the numerous tributaries, twisting tidal currents and the great increase of population and multiplicity of industry have combined to make this bay, designated as a playground for the 15 million people living in and around the city, one of the worst sewers in the Nation. Three years ago an outbreak of infectious hepatitis was traced to clams taken from the Raritan Bay, bacteria standards for which had not been enforced by the respective States. To be sure, the picture is not all black and some progress has been made here in our State in recent years. The New York water resources law of 1959, the creation of the temporary State commission on water resources planning, the 1962 package of water pollution control legislation, all these measures represent considerable improvement and are certainly steps in the right direction, but we still have a long way to go to bring the conservation, development and use of our water resources under a reasonable control. Not all of our municipal sewer systems have sewage treatment plants and the capacity of the existing plants is not always adequate. Some of our industrial plants with direct outlets to our rivers and other surface waters now treat their wastes before discharging them. But a great number of such plants are providing no treatment for their industrial wastes at all, and of the plants providing treatment, less than half have treatment facilities with adequate capacity. The problem of efficient enforcement machinery and the failure to implement specific plans for abatement, usually requiring the construction of new or specific plans for abatement, usually requiring the construction of new or improved treatment plants, are today more acute than ever. In many instances there is not much eagerness to enforce pollution abatement programs because sewage plants mean higher taxes for municipalities, and because competition for new industry and the fact of driving existing industries from the State are the most potent constraints on the State's pollution control program. We therefore consider enforcement the most crucial aspect of water quality regulation. Unfortunately New York State's enforcement procedure and its cooperative approach in dealing with water users obviously fails to meet the quality standards and in too many instances has only been an excuse for inaction or laxity in enforcement of State water quality regulations. The survey of State enforcement of water pollution control conducted by the House Committee on Public Works in 1961 revealed that in New York, where violations of water quality regulations have become almost a regular feature and occur constantly, only 54 administrative orders were issued in 1 year out of which only 2 cases have been successfully concluded (Federal water pollution control hearings, 87th Cong., 1st sess., p. 249). Therefore, far more adequate steps by the Federal and State governments are needed than are now provided by the existing New York State water pollution legislation and by the Federal Clean Air Act signed into law a few weeks ago. The New York State AFL-CIO recommends that this committee approve legislation to provide these strengthening features: (1) A review of the grants-in-aid program to support State air and water pollution control measures, with a view to increasing the duration and financing of the program put into effect by the 1963 Clean Air Act. The ceiling on appropriations for fiscal years 1965-67 appears inadequate in view of the scope of the problem within and among the States. (2) Ways and means must be found (a) to strengthen State legislation on control and abatement of pollution of rivers and streams, (b) assure vigorous administration of the State's pollution control programs including adequate financial support, (c) promote metropolitan-area planning and development of sewage treatment facilities, (d) evaluate present enforcement powers to determine how their effectiveness may be improved through changes in procedures, policy, or statutory review, including the role of State and local governments in such a program. It is our deep conviction that enactment of these measures and especially vigorous, coordinated, adequate Federal and State enforcement powers are most essential to prevent water pollution. Water and air pollution is a national problem of the utmost seriousness and requires a vigorous effort on Federal, State, and local levels now and in the future to protect our national well-being. Senator MUSKIE. This, I think, concludes the hearing. Tomorrow we will embark upon a field trip here in the city of New York for the purpose of looking at some of these sources of air pollution. (Whereupon at 5:35 p.m., February 18, 1964, the hearing before the Special Subcommittee on Air and Water Pollution, Committee on Public Works, of the U.S. Senate, was adjourned.) APPENDIX LAWS OF NEW YORK RELATIVE TO AIR POLLUTION CHAPTER 931 AN ACT to amend the public health law, in relation to the control of atmospheric pollution, and creating an air pollution control board in the state department of health Became a law April 25, 1957, with the approval of the Governor. Passed, by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The public health law is hereby amended by inserting therein a new article, to be article twelve-A, to read as follows: ARTICLE TWELVE-A AIR POLLUTION CONTROL Title I. General provisions and public policy (§§ 1264-1267). III. Procedures (§§ 1277-1284). IV. Violations; penalties (§§ 1285-1288). V. Variances (§§ 1289-1292). VI. Scope and construction (§§ 1293-1298). TITLE I GENERAL PROVISIONS AND PUBLIC POLICY Section 1264. Short title. 1265. Declaration of policy. 1266. Statement of purpose. 1267. Definitions. § 1264. Short title. This article shall be known as the "Air Pollution Control Act". § 1265. Declaration of policy. It is declared to be the policy of the state of New York to maintain a reasonable degree of purity of the air resources of the state, which shall be consistent with the public health and welfare and the public enjoyment thereof, the industrial development of the state, the propagation and protection of flora and fauna, and the protection of physical property and other resources, and to that end to require the use of all available practical and reasonable methods to prevent and control air pollution in the state of New York. It is further declared that this can be done most effectively by focusing on goals to be achieved by a maximum of cooperation among all parties concerned and that codes, rules and regulations established under the provisions of this article should be clearly premised upon scientific knowledge of causes as well as of effects. 1986. Statement of purpose. It is the purpose of this article to guard the air resources of the state from pollution by: (a) controlling or abating air pollution which shall exist when this article shall be enacted and (b) preventing new air pollution, under a program which shall be consistent with the declaration of policy above stated and in accordance with the provisions of this articie. 1267. Definitions. When used in this article, the following words and phrases shall have the meanings ascribed to them in this section. 1. "Board" means the air pollution control board which is created by this article. 2. "Person" means any individual, public or private corporation, political subdivision, agency, board, department or bureau. of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. 8. "Air contaminant" means a dust; fume, gas, mist, odor, smoke, vapor, pollen or any combination thereof. 4. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristics and of a duration which are injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout the state or throughout such areas of the state as shall be affected thereby; excluding however all conditions subject to the requirements of the labor law and industrial code. 5. "Air contamination" means the presence in the outdoor atmosphere of one or more air contaminants which contribute or which are likely to contribute to a condition of air pollution. 6. "Air contamination source" means any source at, from or by pesson of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located or the facility, equipment or other property by which the emission is caused or from which the emission comes. Without limiting the generality of the foregoing, this term includes all types of commercial and industrial plants and works, heating and power plants and stations, shops and stores; buildings and other structures of all types, including single and multiple family residences, apartment houses, office buildings, public buildings, hotels, restaurants, schools, hospitals, churches, and other institutional buildings; automobiles, trucks, tractors, buses and other motor vehicles (hereinafter called "motor vehicles"); garages; vending and servies locations and stations; railroad locomotives; ships, boats and other waterborne craft; portable fuel-burning equipment; incinerators of all types, indoor and outdoor; and refuse dumps and piles. 7. "Air cleaning device" means any method, process or equipment which removes, reduces or renders less noxious air contaminants discharged into the atmosphere. |