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News From Assemblymember William Colton
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4 Empire State Plaza, 5th Floor, Albany, NY 12248 • (518) 455-3711 |
Spring Edition 2001 |
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In January, 2001, Assembly Speaker Sheldon Silver appointed me as the new Chair of the New York State Legislative Commission on Solid Waste Management. I am succeeding Assemblywoman Audrey Hochberg, who served as the Chair during 1999 and 2000. It is a privilege to follow in her footsteps as well as those of other distinguished Assembly members who previously chaired this Commission. The Commission has an extensive history of studying and bringing to the forefront many critical issues relating to the recycling, reuse, reduction, collection and environmentally-sound disposal of solid waste. My own experience has convinced me that we must aggressively develop policies that minimize the generation and disposal of solid waste, through improved opportunities for recycling and reuse of materials. I worked with community leaders in southwest Brooklyn, serving as the attorney for an Article 78 action against an incinerator proposed for that area. We were successful in not only stopping the incinerator, but assuring that if the facility was ever re-proposed, an environmental impact statement would be required. I was also successful in increasing the frequency of local pickup of recyclable materials to a weekly basis. There are clearly solid waste management issues that are more pertinent for the highly-urbanized areas of New York, while other concerns remain to be addressed for our more rural State regions. I believe that the Commission can help to bring all of these issues into focus for the Legislature. Of particular significance has been the closure of the Fresh Kills, the largest landfill in the country, in March 2001 and the implication this has for the City of New York in managing its waste. One of the most exciting issues we plan to work on is the remanufacturing, reuse and recycling of electronic equipment, including computers and televisions. The newsletter contains a more detailed article on the state of these efforts and some ideas about enhancements that can be created to encourage greater activity in electronic equipment recovery and reuse. Another Commission priority this year is passage of the "burn barrel" prohibition bill, to remove the loophole that allows individuals in towns with a population of less than 20,000 to burn their solid waste. I look forward to a productive tenure as the Chair and I welcome your suggestions and input during the coming months. In addition to our newsletter, we plan to periodically publish "issue papers" which can focus greater discussion and attention to matters of significant public concern.
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Patrick Golden Percival Miller Marilyn M. DuBois Richard Morse |
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Dear Colleagues and Friends:
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Commission Chair William Colton has established recovery, reuse and recycling of electronic equipment as a priority issue for the Commission this year. Picture this contradiction of the throwaway society: tens of thousands of obsolete computers lie tucked away in attics or piled high in offices across the state; their owners, confounded by an apparent lack of reuse options, unable or unwilling to consign these expensive old electronics to the landfill. Not quite a "Twilight Zone" episode, perhaps, but the signpost up ahead indicates it’s time to plan for management of these old computers. "Old" in computer terms means almost new by other product standards. According to Stanford Research, Inc., today’s personal computers are outdated in about three years, and may be outdated in as little as two years by 2007. With obsolescence rates like these, more than 31 million computers across the country will be retired in the next year alone. Added to that total will soon be millions of old television sets. Current analog televisions will be discarded in ever greater numbers with the advent of high definition television, which all US television stations will be converting to by 2006. Although analog sets will still work with a converter box, an estimated 40 million households will have made the switch to a high definition television set by that time. THE ENVIRONMENTAL PROBLEM Computers, televisions and other electronic equipment present the same management concerns: tons of bulky waste containing hazardous constituents, which present potential environmental problems if burned or buried. For example, carcinogenic flame retardants are used in the plastic covers of computers and television sets. Six to eight pounds of lead are contained in each CRT (cathode ray tube) from computer monitors and television picture tubes. Lead is also present in the soldering on circuit boards. Other heavy metals, including trace amounts of cadmium, mercury and phosphorus, are used in circuitry. Since the Federal Resource Conservation and Recovery Act (RCRA) classifies computers as hazardous waste if 220 pounds (approximately three computer systems) are discarded in a single month, businesses and institutions in particular must concern themselves with finding alternatives to disposal for their numerous outdated units. ( Note: Highlight this in a box?) According to a National Safety Council report, only about 11% of the 24 million personal computers that became obsolete last year were recycled or reused, so it is clear that more progress must be made in developing a reuse/recycling/safe management infrastructure for computers, televisions and other electronic equipment. According to Stanford Research, Inc., today’s personal computers are outdated in about three years, and may be outdated in as little as two years by 2007. With obsolescence rates like these, more than 31 million computers across the country will be retired in the next year alone.
Peter Bennison of Waste Management and Recycling Products explains the elements of his computer reuse and recycling firm to Commission Chair Colton during a recent site visit. |
A 1997 U.S. Environmental Protection Agency (EPA) "Electronics Reuse and Recycling Directory" listed 12 outlets for old electronics equipment in New York State — most on Long Island and in New York City. Since the publication of the EPA directory, two newer enterprises for old computers have opened in the Bronx and in Schenectady, and more will surely follow, creating new jobs for skilled and unskilled workers. The volume of equipment discards is expected to peak in the next five years. Per Scholas (www.perscholas.org) is a non-profit organization located in the South Bronx, and founded by a consortium of foundations and corporations to benefit children and the needy by providing new and reconditioned computers to schools and other non-profits at the lowest possible price. In its three years of operating experience, Per Scholas has placed over 10,000 computers in over 1,200 schools. The organization runs a significant training program, teaching young inner city residents to become computer technicians in a twelve-week program. In April of this year, Per Scholas opened a 50,000 sq. ft. facility, which will give the organization even greater capabilities for refurbishing or recycling old computers and training more city residents as computer technicians. Commission Chair Colton visited this facility in May. Commission Chair Colton also visited Waste Management and Recycling Products, Inc., a Schenectady-based business that manages a wide range of surplus and outdated equipment, including computers. Company president, Peter Muscanelli, is also the founder of the International Association of Electronics Recyclers (www.iaer.org). Founding members of IAER include well-known industry giants such as IBM, Hewlett Packard, and Xerox. Waste Management and Recycling Products is currently managing about 25 tons of electronic equipment each month. According to a company brochure, they recycle 95% of materials taken in and send no materials to landfill. New York State’s Environmental Management Investment Group (EMIG) awarded a $187,500 grant to the company, which will use the money to purchase equipment for grinding electronics components other than the cathode ray tubes. In the past year Waste Management and Recycling Products established agreements to take obsolete computers and peripherals collected by several municipalities and solid waste authorities, including the Town of Colonie, Schenectady County, the Albany-area ANSWERS waste consortium, and the Oneida/Herkimer Solid Waste Authority. Another site visit by Commission Chair Colton is planned at the IBM remanufacturing plant in Endicott, New York. Even with the development of these ventures, still more outlets for the growing flood of electronics equipment are needed. Beyond the bricks and mortar of fledgling collection and processing centers, there exists the need for a comprehensive policy framework on the safe disposition of residentially and commercially generated electronics. STATE POLICIES AND PROPOSALS On April 1st, a ground-breaking law took effect in neighboring Massachusetts: CRT’s were banned from disposal f12 municipalities to help pay for CRT recycling. New York State has no law on CRT’s as yet, but there a bill under active consideration. A 6286 COLTON, ENGLEBRIGHT would ban the disposal of certain types of electronics equipment, require the Department of Environmental Conservation (DEC) to establish a public education program on the proper management of electronic equipment found in the home, and require manufacturers of electronics equipment containing hazardous components to underwrite the establishment and operation of collection centers. (The bill text can be obtained from the Assembly’s web site: www.assembly.state.ny.us). At least 11 states have legislation under consideration which would govern the disposition of computer and other electronics (C&E) equipment. However, time for considering options is running out and New York State must soon take action to direct the coming flood of electronics equipment into proper channels. The Commission will be actively engaged in efforts to develop a sound and equitable policy on the safe disposition of C&E equipment (see discussion of the Electronics Recycling Roundtable). |
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Commission Chair William Colton has announced a Roundtable on Electronic Equipment Reuse, Recycling and Remanufacturing to be held on June 28, 2001 at 250 Broadway, New York City from 11:00 am to 3:00 pm. In addition to Chair Colton, the Roundtable will be co-sponsored by Assemblymember Richard Brodsky, Chair of the Assembly Environmental Conservation Committee and Assemblymember David Koon, Chair of the Legislative Commission on Toxic Substances and Hazardous Wastes. For further information, contact the Commission office at 518/455-3711. The purpose of the Roundtable is to educate members and staff on the significant issues facing the electronics recycling industry. Presentations will focus on the following topics pertaining to electronics recycling: 1) definition of electronic wastes, its portion of the solid waste stream and recycling rates; 2) the regulatory processes for handling the materials; 3) certification of electronic recyclers; 4) labeling and content of equipment housing; 5) protection of confidentiality of hard-drive information; 6) difficult markets for certain components of electronics scrap; and 7) the use of state grant programs to foster the growth of the electronics recycling industry. Speakers will include representatives from the NYS Department of Environmental Conservation, the International Association of Electronics Recyclers; the Rochester Institute of Technology National Center for Remanufacturing and Resource Recovery; Empire State Development Environmental Management Investment Group; IBM Endicott(NY); Per Scholas, Bronx; Waste Management & Recycling, Schenectady; Environmental Advocates, Albany; Ulster County Resource Recovery Agency; and New York Polytechnic Institute. |
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The City began implementing its short-term plans to divert waste from Fresh Kills by contracting for long-distance truck transport of a portion of the City’s residential waste in 1997. Contracts for more portions were added in 1998 and 1999, and in February 2001, the remainder of the City’s residential waste stream was contracted for disposal, thereby clearing the way for closure of Fresh Kills in March. In 2000, the City revised its long-term solid waste management plan, eliminating the need for construction of new land-based transfer stations within the City. This issue had generated considerable controversy in a previous draft of the plan. The revised plan relies heavily on the retrofitting of several existing marine transfer stations and a marine-to-rail facility in New Jersey. Since many components of this plan are still under environmental review, the outcome is uncertain and implementation of the revised plan is clearly a number of years away. At the same time, the City and State completed a consent order for the closure of Fresh Kills. This order outlines the steps and timeline required for the City to close, cap, and monitor the landfill in a manner intended to adequately mitigate environmental, health, and safety impacts. The proper and timely implementation of this process is of equal importance to any other portion of the long-term solid waste management plan. The NYS Department of Environmental Conservation has also funded a New York City study to examine potential uses of Fresh Kills following the proper closure. |
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In Orange County, construction is expected to soon begin on what is considered to be the next generation in MSW disposal facilities: a 700-ton per day ethanol from municipal solid waste (MSW). The proposed facility has been issued all of the necessary permits, including air emission permits. The facility has contracted to serve many Orange County municipalities and will be built in Middletown, NY. The operator is the Masada Resource Group. Projections for the facility include construction costs of $105 million, an operational life of 30 years, and 200 permanent jobs. The facility recently received its air permit from EPA. Masada expects to break ground this summer and the facility is expected to come on line in 2002. The specific technology for this plant was developed by Pencor-Masada, working with the Tennessee Valley Authority and Mississippi State University. Organic municipal solid waste and sewage sludge will be converted to ethanol. Recyclable materials such as metal, glass and plastic will be separated from the solid waste stream. The remaining waste, which includes food and paper products, becomes feedstock for the ethanol production plant. Approximately 7.1 million gallons of ethanol are projected to be produced annually from the solid waste feedstock. Orange County’s experience with this new facility will be watched closely, to determine if this clean fuels technology will eventually lessen the need for current disposal methods for combustion and landfilling. |
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Now, the residential waste from all of the City’s boroughs is being transported under contract to
sites along the East Coast. This represents the first time that all of New York City’s solid waste
is being disposed of outside the City. In 1988, all of New York’s municipal solid waste
(approximately 18,000 tons per day) was still being landfilled in the City, primarily at the Fresh
Kills site. In 1996, nearly all of New York City’s approximately 11,000 tons of residential waste
(60% of all NYC MSW), was still being disposed of at Fresh Kills.|
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Initially, the facility collected municipal waste and sorted it for organic materials. Eventually it became necessary to increase the quantity and quality of the organic waste. The company sought big waste generators, such as supermarkets, college dining halls and other commercial sources. The facility now processes 30 – 50 tons per day of largely commercial organic MSW, including food waste, scrap paper, wood and yard waste, and paper mill sludge. |
In 2000, the Commission toured the facility with its president, Tom Julien, who described the operation, demonstrated operational controls in the in-vessel system, and explained the need to expand organic feedstock sources to ensure the profitability of future operations. |
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According to the paper "Confronting the Problems of Backyard Burning in the Northeast: The Case of New York", a 1998 unpublished report by Dr. David R. Lighthall, Colgate University and Steven Kopecky, Pennsylvania State University, changes in the chemical composition of the waste stream have contributed to an increase in the health risks of backyard burning. Increased volume of wastes produced by households and a higher proportion of synthetic chemicals, particularly plastics from packaging, have increased the risks of open burning. Incomplete combustion and low temperatures are characteristic of burn barrels, which can result in the formation of dioxins and furans. The impacts of open burning far surpass those caused by other disposal methods. The U.S. Environmental Protection Agency (EPA), in cooperation with the NYS Departments of Health and Environmental Conservation, reported that average polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans (PCDDs/PCDFs) from burning 50-900 pounds of household waste in burn barrels are equivalent to those from burning 400,000 pounds of household waste in a modern, well-controlled incinerator. Other emissions from open burning include carbon monoxide, sulfur dioxide, nitrogen oxides, benzene, formaldehyde, chromium, cadmium, mercury, arsenic and hydrogen cyanide. The primary exposure pathways from backyard burning and their associated toxins include direct inhalation of VOCs and particulates, ingestion of metals that have been absorbed by plants, ingestion of contaminated soil by children and ingestion of organochlorine compounds that have bioaccumulated in fatty tissues of animals. |
Acute or short term impacts from inhalation of these emissions include respiratory distress and breathing difficulties. Most recently, the EPA has now found that dioxin is ten times more likely to cause cancer in humans than they previously estimated. Dioxin has been classified as a known human carcinogen. There is a growing evidence that organochlorine compounds are at least partially responsible for the increased incidence of breast and prostate cancer in the U.S. EPA has also found that dioxin has the potential to negatively affect human metabolism, and the development of reproductive systems at average exposures. At higher than average exposures, endometriosis, demasculinization, birth defects, cardiovascular disease, hypertension, miscarriage and infant death, low birth weight and growth retardation may occur. There is solid support for this legislation, including the NYS Conference of Mayors, the NYS Association of Counties, the Department of Environmental Conservation, the NYS Association of Towns, the NYS Solid Waste Management Association, the American Lung Association, the NYS Association of Firefighters and others. Assemblymembers Colton, Koon and Englebright are committed to achieving passage of legislation this year to finally end this damaging practice. The Assembly unanimously passed A 7202 on April 23, 2001. The Assembly is now working with Senator Maziarz, sponsor of S 3772, for passage of this important legislation in the Senate.
Assemblymember Colton is joined by Commission staff: Marilyn DuBois (seated), Richard Morse, Patrick Golden and Percival Miller (standing l-r). |
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Recycling Education - A. 6439-C, Gunther/S.8087, Bonacic: The bill allows the Environmental Protection Fund grants to cover up to one-half the cost of municipal recycling education programs including local government recycling educators/coordinators. The ranks of these individuals had fallen over the past several years, due to local government cutbacks, and recycling was suffering in some communities as a result. The continued success of recycling relies upon the presence of recycling educators, and this law will allow crucial state assistance to be provided in this area. The bill was signed by the Governor (Chapter 146, Laws of 2000) |
Open Garbage Burning Ban - A.6254, Hochberg/S.4898, Maziarz: The bill would place a ban on the open burning of garbage in New York State. Communities over 20,000 already have the protection of state regulations prohibiting open burning of garbage. Unfortunately, residents in more rural areas of the State must often cope with the smoke and foul odors emanating from neighbors burn barrels, creating breathing difficulties for some, and leading to brush and structure fires in many areas of the state, with documented loss of life as a result in some instances. The bill passed the Assembly in 1999 and 2000. |
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Assemblymember Colton has joined Assemblymember David Koon, Chair of the Legislative Commission on
Toxic Substances and Hazardous Wastes, to introduce legislation to ban the burning of household
wastes. The bill (A 7202, KOON, COLTON, ENGLEBRIGHT, JOHN, DINAPOLI, DINOWITZ, ESPAILLAT, HOYT,
M. Cohen) prohibits the open burning of solid waste in New York (with certain exemptions for
agriculture. The bill allows municipalities to enact local ordinances which are more restrictive.
The Department of Environmental Conservation promulgated regulations (6NYCRR Part 215) to allow open
burning in towns (not villages or cities) of under 20,000 people.
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The report finds a 12.8 percent increase in recycled materials from 1998 to 1999, to 5.9 million tons, which represents 25 percent of the total identified waste stream. Alternatively, landfilling has been decreasingly utilized as the predominant waste management method. There was a decline of 100,000 tons landfilled between 1998 and 1999, a small portion of the 2 million ton drop from 1990 to 1999. New York State has grown increasingly reliant on the export of waste to other states. In 1999, 5.1 million tons of waste was exported from the State accounting for 21.6 percent of the waste stream. The vast majority of increases in exports over the past few years, as well as the statewide decreases in landfilling, has primarily been due to the growing diversion of waste from Fresh Kills landfill, which just closed its gates in March 2001. Unlike other waste management methods, the tonnage of waste managed at waste-to-energy (or other waste combustion) facilities has changed very little over the past decade, remaining at approximately 3.7 million tons per year. Contact the Commission for copies of "Where Will the Garbage Go? 2000." Data collection is currently underway for the 2001 edition of Where Will the Garbage Go? Copies of this report will be available later in the year. |
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A 6286 COLTON, ENGLEBRIGHT - Electronic Equipment Recycling and Reuse: The bill would ban the disposal of certain types of electronics equipment, requires the Department of Environmental Conservation (DEC to establish a public education program on the proper management of electronic equipment found in the home, and requires manufacturers of electronics equipment containing hazardous components to underwrite the establishment and operation of collection center. Currently in Assembly Environmental Conservation Committee. A 6726 COLTON, ENGLEBRIGHT, et. al. - Scrap Tire Management: The bill would establish the Scrap Tire Management and Recycling Act. It provides for a comprehensive approach to state management of scrap tires, including remediation and marketing. Currently in Assembly Governmental Operations Committee. A 7740A COLTON et. al. - Recycling Requirements: The bill would require municipalities to adopt local laws providing for source separation and disposal of recyclable materials. It also would prohibit transporters from commingling recyclables with other materials and prohibits incineration/landfilling of recyclables. Currently in the Assembly Codes Committee. A 8462 RULES (COLTON, BRODSKY, GUNTHER): The bill extends to June 10, 2001, the due date of the recommendations of the State Council on Scrap Tire Management and Recycling. Since the statute expired on April 1st, the DEC has administratively created an advisory council to make recommendations. The bill passed the Assembly on May 5, 2001. Currently in Senate Environmental Conservation Committee. A 7202 KOON, COLTON, et. al. - Open Garbage Burning Ban: The bill would place a ban on the open burning of garbage in New York State. Current law allows communities under 20,000 population to openly burn garbage without state regulations. This bill is discussed further in another newsletter article. The bill unanimously passed the Assembly in April 2001. Currently in Senate Environmental Conservation Committee. A 7337 MATUSOW, COLTON, et. al. - Expands Beverage Container Deposits: The bill would expand the provisions of the returnable container law to include all non-carbonated beverages, except milk, for purposes of requiring deposits on beverage containers. The bill is introduced at the request of the Attorney General. Currently in Assembly Economic Development Committee. A 4552 PRETLOW, BRODSKY, COLTON, et. al. - Oil Filter Recycling: The bill would require service stations with oil changing operations and fleet operations to recycle used oil filters. Each drained filter still contains approximately 5 ounces of oil, which results in an estimated 700,000 gallons of used oil remaining in the 18 million oil filters discarded in New York State each year to contaminate the environment and groundwater. The bill passed the Assembly in 1999 and 2000. Currently in Assembly Environmental Conservation Committee. A 7183 ENGLEBRIGHT - Municipal Solid Waste "Take Title": The bill would authorize municipalities to adopt local laws to take title to any or all components of solid waste left for collection within their boundaries, including recyclable or reusable materials. Currently in Assembly Local Governments Committee. A 7201 ENGLEBRIGHT - Yard Waste Disposal: The bill would prohibit the disposal of yard waste in a landfill or incinerator. Currently in the Assembly Environmental Conservation Committee. |
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Environmental Protection Fund With funds from the 1996 Clean Water/Clean Air Bond Act nearly spent in certain critical programs, there is an increasing reliance on the Environmental Protection Fund (EPF). The Assembly plan provides $187 million in funding for the EPF, a $37 million dollar increase over the Governor’s proposal. Moreover, the Assembly further increases the permanent revenues dedicated to the EPF to $175 million over two years, so that these critical environmental programs can continue to be funded into the future. Assembly proposed increases in EPF funding include:
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4 Empire State Plaza, 5th Floor, Albany, NY 12248 Richard D. Morse,Executive Director Marilyn M. DuBois, Editor |
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To further our efforts to reduce waste, please inform us if you have a change in address by calling us at (518) 455-3711, fax at (518) 455-3837 or write us at:
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