Governor Seeks to Make Hudson River a 'No Discharge Zone'
New York To Petition Federal Government For Protection

Press Release: NYS, April 22, 1999

Governor George E. Pataki announced today that New York will petition the Federal government to designate a 153-mile section of the Hudson River from Manhattan to the Troy dam as a waste "no discharge" zone for boats to further protect the river's water quality.

"All along the Hudson River -- an American Heritage River -- communities and citizens are banding together to reduce pollution and improve this incredible ecosystem," Governor Pataki said. "As a result, we are making spectacular progress. Banning vessel discharges into the Estuary portion of the river is another step forward in restoring the river to its full, undiminished glory."

Governor Pataki has directed State Department of Environmental Conservation (DEC) Commissioner John P. Cahill to petition the U.S. Environmental Protection Agency (EPA) for the no-discharge designation based on the State's finding that an adequate number of vessel waste pump-out facilities are available on the Hudson to serve boaters who currently discharge chemically treated waste to the river. Under the Federal Clean Water Act, EPA must determine that an adequate number of pump-out facilities are available before a state may prohibit vessel waste discharges.

In requesting the determination from EPA, the State will certify that the Hudson River needs greater environmental protection than currently provided by Federal regulations. EPA will have 90 days to review the State's request.

Treated wastes from vessels can have localized effects on water quality by contributing to pathogen, toxic and nutrient loadings. Treated wastes often contain chemical additives such as formaldehyde, phenyls and chlorine.

"There is no question that the environmental, recreational, economic and cultural value that the Hudson River provides to residents and visitors alike deserves all the protection available under Federal and State law," Governor Pataki said.

Hudson Riverkeeper John Cronin said, "The cleanup of the Hudson River is the duty of all its citizens, boaters, municipalities, and industries alike. Its designation as a permanent no discharge zone sets a new standard for a cleaner Hudson. We are indebted to Governor Pataki for his continued leadership in the restoration of our great river."

A 1995 amendment to the State Navigation Law signed by Governor Pataki provided for automatic designation of a State vessel waste no discharge zone upon EPA's determination of an adequate number of pump-outs. Funding for pump-out facilities is available through the Federal Clean Vessel Act and the 1996 Clean Water/Clean Air Bond Act.

There are currently 35 pump-out facilities along the Hudson River. While this is an adequate number for the designation of a no- discharge zone, the State will continue to fund pump-out facilities on the Hudson to increase convenience for boats and encourage use. The Environmental Facilities Corp. currently is considering additional grant applications for new pump-out stations.

The creation of a no-discharge zone for the Hudson River was recommended in the State Clean Vessel Act Plan prepared by the Department of State Division of Coastal Resources and the Hudson River Estuary Action Plan. Undergraduate students of the Hudson Environmental Legislation Project at Pace University also have assisted in the development of no discharge proposals for the river.

State Secretary of State Alexander F. Treadwell said, "Clean water is critical to continued use and enjoyment of the Hudson River. By working together, public and private interests can reduce vessel discharges and ensure that the Hudson will be an even more spectacular recreational resource for future generations of New Yorkers."

Over the past four years, DEC and the State Environmental Facilities Corporation have directed federal funding to nine pump-out facilities at public and private marinas on the Hudson.

"Controlling vessel waste is only one piece of the State's comprehensive effort to improve the water quality of the Hudson River," Commissioner Cahill said. "Since Governor Pataki took office, New York State has dedicated $75 million to the restoration and lasting protection of the Hudson River. Now we are working to expand those efforts even further."

Once designated a no-discharge zone, any local government along the Hudson may also prohibit the discharge of vessel waste and aid in enforcement of this prohibition. Fines for illegally discharging in no-discharge zones can result in a $500 fine for the first offense and $1,000 for the second.

There is one existing no-discharge zone on the Hudson River between Manhattan and the Troy Dam -- a 60-mile stretch between the hamlet of Roseton (Orange and Dutchess counties) to the Southern end of Houghtaling Island (Greene and Columbia counties). This zone was established to protect drinking water supplies about two years ago.

In addition to submitting the petition, Governor Pataki said will he work with the State Legislature to give the DEC commissioner authority to maintain the no-discharge zone status in perpetuity.