Legislature passes law to improve communication on health threats to water and soil

Enterprise file photos — Michael Koff

“It’s really just that simple,” said Joanne Cunningham in March of a law that would have county health officials communicate with municipalities.

ALBANY COUNTY — By unanimous vote on Monday, the Albany County Legislature passed a law that will require the county’s health department to notify local officials if contaminants are found in soil or water.

Joanne Cunningham, who chairs the legislature and represents part of Bethlehem, introduced the bill in March after the town of Bethlehem was not immediately informed about contaminants in New Scotland wells on property close to Bethlehem’s Vly Creek Reservoir.

Owners of the contaminated private wells believe the culprit is the use of sewer sludge, known as biolids, to fertilize nearby fields. On Jan. 27, Albany County’s executive, Daniel McCoy, issued a 90-day ban on biosolids, which are regulated by the state.

In April, McCoy extended the county’s biosolids ban for an additional 180 days, pushing the expiration date to Oct. 24, 2025. 

“This legislation is to ensure that when the Albany County Department of Health has determined, either through its own testing or from notice provided by the State of New York or any federal agency, that elevated levels of contaminants found in soil or water, including but not limited to drinking water, are a threat to public health, that the Department of Health shall provide notice to the appropriate local officials and municipalities,” the bill states.

Within two days of finding the contamination, the health department is to inform the county executive; the county legislators whose districts are affected; the city, town, or village leaders whose municipalities are affected or who neighbor an affected municipality; and board members whose cities, towns, or villages are affected or who neighbor affected municipalities.

The bill must be signed into law by McCoy.

“This law is a common-sense measure that prioritizes public health ….,” said McCoy in a release announcing the passage of the bill. “I’m grateful to my colleagues in the Albany County Legislature for moving this forward as we await the pending outcome of our public hearing.”

“This law, which we expedited through our process to directly address a pressing need for county residents, puts in place a structure that helps our experts coordinate and collaborate,” said Cunningham in the release. “It helps ensure that all of Albany County’s residents will always have access to clean water. That isn’t an optional luxury, but a required, basic necessity.”

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