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County attorney says state permits likely preempt local biosolids ban
Summary
Steuben County legal counsel told the EIP committee a local moratorium on biosolids spreading would likely be preempted where the state issues permits; counselor recommended caution and suggested the board use memorializations and DEC rulemaking comments to press for testing.
County legal counsel advised the EIP committee that a local moratorium on biosolids spreading faces significant legal hurdles because New York State issues the underlying permits. The attorney summarized a memo and legal research for the committee, stating, "This is preempted by the state issuing permits," and noting DEC's ongoing rulemaking is expected to center on testing protocols rather than an outright ban.
The counsel recommended the committee consider alternatives to a local ban, including memorializing requests to the state and submitting comments during DEC's rulemaking. Staff echoed that DEC is required to accept public comment during rulemaking and that the board or individual legislators could submit comments to influence testing standards. The guidance prompted debate about the value of local action versus the likelihood of state preemption and potential litigation risks if the county pursued a short moratorium.
