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EIP committee hears attorney: state permits may preempt local biosolids moratorium
Summary
County attorney advised the EIP committee that state-issued permits and DEC rulemaking may limit a local moratorium on biosolids; members debated options, including memorializations and short-term pauses, and the item remains on the full‑legislature agenda.
The county attorney (Attorney (S3)) told the EIP committee that a proposed local moratorium on biosolids spreading could be preempted because the state issues permits. "That it's preempted by the by the state having issued" the attorney said, urging caution about adopting a local ban.
Members pressed the attorney on next steps. The attorney said New York State Department of Environmental Conservation (DEC) materials and a posted video indicate DEC plans testing rules rather than an outright ban: "They're gonna go with testing, not a outright ban." Several members said the committee could submit comments to the DEC rulemaking or refresh a memorialization urging the state to follow models used in Michigan and Maine.
The committee discussed tactical options: a short six‑month moratorium limited to new permits was in the draft, and committee members noted exemptions for existing and municipal permits. The attorney warned that legal challenges are possible and suggested tabling the local law until rulemaking clarified state action. The committee did not reach a final local-law vote; absent tabling, the item will proceed to the full legislature for a decision.
