The dangers beneath us/buried gas, oil tanks are leaking by the thousands, 
threatening LI's aquifers, as NY eases cleanup rules
By Dan Fagin, Staff writer
Copyright 1998 Newsday
August 23, 1998
Almost 10,000 gasoline and oil spills, some of them more than a decade old, are 
contaminating the underground aquifers that supply drinking water to Long 
Island and southeast Queens even as state environmental officials aren't 
enforcing laws that call for complete cleanups. 
Leaking tanks buried beneath 
lawns, industrial sites and especially service stations are the most widespread 
toxic threat to the region's water supply. Drinking water is generally safe by 
the time it reaches consumers because of testing and treatment by water 
companies, but petroleum chemicals are tainting about 1 in 10 
water-supply wells - usually at very low levels - and seeping into basements or 
beneath the yards of hundreds of unsuspecting communities from Shelter Island 
to Long Island City. 
In those communities, people are facing hazardous vapors, foul smells, falling 
property values and an anxiety-filled future over the 
health effects of living near a toxic spill. But the proliferation of tank 
leaks also is a long-term threat to the entire region. As the number of 
unfinished spill cleanups - most of which involve leaks under 100 gallons - 
continues to build, petroleum chemicals are spreading into underground aquifers 
and are increasingly 
being pumped back out of the ground by drinking-water wells.  
The risk of drinking contaminated water is highest in areas served by shallow 
private wells, almost all of which are in Eastern Suffolk, because those 
private wells aren't regularly tested and filtered for toxic chemicals. But 
experts say that even deeper public wells are becoming more 
vulnerable because the inventory of unfinished spill cleanups is growing, and 
because an increasing number of those spills involve the gasoline additive 
MTBE, which can travel for a mile or more in groundwater without losing its 
toxicity. 
Water companies routinely test public wells for toxicity as frequently as once 
a week, but the testing and filters aren't foolproof, and water rates can soar 
if tainted wells have to be abandoned or deepened to reach cleaner parts of the 
aquifer. 
The problem is decades old, but the scope has gotten dramatically worse in 
recent years as scarce funds and imperfect technology limit the 
number of cleanups and new spills occur every day. 
Faced with this growing threat, the state's response effectively has been to 
give up on fully cleaning many of the polluted sites, saying there isn't enough 
money to do anything but basic triage in many cases. In doing so, the 
state Department of Environmental Conservation has been choosing not to follow 
the strict cleanup standards specified in state law and instead has shifted to 
a case-by-case approach favored by industry, letting spillers abandon many 
costly cleanups even when excessive concentrations of cancer-causing 
chemicals are still present in groundwater, according to interviews and a 
Newsday review of state spill records. 
And now the Pataki administration, in a process that documents show is heavily 
influenced by the petroleum industry, is moving to adopt a different set of 
cleanup rules that is even less 
strict than the current case-by-case aproach. 
Even when water wells aren't affected, the fuel spills are deeply alarming to 
the neighborhoods in which they occur. 
"This is a nightmare for all of us," said Ira Brophy of Valley Stream, where an unseen 2,000-foot-long plume of 
gasoline 
courses beneath a quiet cul-de-sac. Brophy and 16 of his neighbors have been 
battling the state and Mobil Oil Corp. since learning last year that a gasoline 
leak from a nearby service station was apparently responsible for the odors he 
and nearby residents have been smelling for years, and 
for the gasoline vapors in their basements. 
"There's no end in sight, and we have the sense that no one's in charge," said Brophy. Added his neighbor, Abraham
Alcabes: 
"This stuff has been pouring down on us for years, and no one did a damn thing 
about it." 
The officials 
who run the state's cleanup program are used to such criticism but say the 
public - and the state's own laws and regulations - don't fully recognize how 
expensive and difficult it is to clean up an underground spill once it has 
reached the aquifer, or water table. 
"We just don't have the manpower or the 
resources to deal with every spill," said Karen Gomez, who supervises the state's spill cleanup efforts on Long 
Island. 
It costs hundreds of thousands of dollars to clean up a gasoline spill that 
seeps through soil and hits the water table, and even a simple 
cleanup of a leaking backyard oil tank often costs $ 7,000 or more. Tank owners 
usually pay for cleanups, but if they can't or won't cooperate, the state has 
to tap its chronically depleted spill fund (funded by a wholesale tax on 
petroleum) and then try to recoup 
costs by suing the spillers. 
In Long Island and Queens, where more than 5,000 fuel spills are reported to 
the state every year, the state spends about $ 5 million a year on cleanups, 
and tank owners spend an estimated $ 50 million. But that hasn't been enough to 
make a dent in the huge backlog of unfinished cleanups, now just shy of 10,000 
in the three-county area. 
Many spills are so difficult to clean up that even after pumping and treating 
hundreds of millions of gallons of tainted groundwater at a spill site, 
toxic chemicals such as benzene and MTBE are still present at levels above the 
minimum standards the state uses to define clean groundwater and soil, 
regulators say. 
"What New York State has learned is that it is impossible to achieve those 
standards in almost all cases," said Jim DeZolt, the chief of the 
DEC's bureau of spill prevention and response. 
"As a practical matter, it became clear that the strict language of the law is a 
condition that can't be achieved in the field." 
The state's case-by-case approach to spill cleanups isn't ideal but still 
protects the public, officials argue, because 
it steers funds to the spills that pose the most direct threat to water wells. 
But they acknowledge that a more aggressive approach would prevent more wells 
from being contaminated, and say they would rather not have to rely on testing 
and filtering by water companies to remove chemicals from wells.  
"We've had to 
come up with a process that recognizes that the ideal condition is just not 
achievable . . . but is also still protective of the public , and we've done 
that," said DeZolt. 
To find out how well that process is working, Newsday commissioned a unique 
analysis of reports that state investigators filed for each of the 
41,901 spills in Long Island and Queens that as of April 1 were listed in the 
state's database, which goes back more than 10 years. The analysis was done by 
Toxics Targeting Inc. of Ithaca, an environmental data collection company 
familiar with the spill program. 
The key findings of that analysis, and of 
Newsday's six-month examination of the state's spill program, include: 
- Nearly one in four spills in Nassau, Suffolk and Queens - 9,266 of 41,901 
spills - have not been cleaned up sufficiently to meet the state's minimum 
standards for groundwater or for soil. And while the state says its 
case-by-case policy is designed to focus scarce cleanup dollars on the most 
severe spills, an even higher 30 percent of spills over 100 gallons - 714 of 
2,404 spills - don't meet the state's minimum standards. 
- The backlog of unfinished cleanups is growing. Years 
after they were discovered, many of the spills that pose the greatest risk to 
drinking water - spills over 100 gallons that don't meet cleanup standards - 
are still expanding into underground aquifers. The average such spill in the 
three-county area is more than three years old, and 128 spills over 100 
gallons that don't meet standards are still listed by the state as 
"open" cases more than five years after they were discovered. Twenty-eight of those 
spills were discovered more than 10 years ago. 
- The state's response to its growing inventory of unfinished cleanups has been 
to lower its minimum cleanup standards without any 
specific authorization in state regulations or law, and to increasingly rely on 
consultants hired by the polluters to determine how much of a spill should be 
cleaned up. Starting in 1992, the standards for chemical concentrations have 
been considered guidelines, not requirements. As a result, a growing 
number of those sites are simply being written off. In Nassau, Suffolk and 
Queens, 1,965 spill sites that don't meet cleanup standards have been 
classified by the state as 
"inactive" or 
"closed," including 109 sites in which more than 100 gallons were spilled. 
- Enforcement has been spotty at best. Regulators 
rarely seek fines against tank owners even when they conclude a spill wasn't an 
accident. For the 2,506 spills classified as deliberate in Nassau, Suffolk and 
Queens, state investigators recommended that DEC attorneys seek penalties in 
just 32 cases. The percentage of cases 
in which tank-owners actually end up paying a fine is even lower, and criminal 
convictions are almost unheard of. 
"We're engineers and geologists, not cops," explained Randall Austin, who runs the spill program in the DEC's New York 
City regional office. 
"You've 
got to catch somebody red-handed." 
- The reported statistics on spills almost certainly underestimate the extent 
of the problem. The state's computer database excludes many older spills, and 
officials acknowledge others may have been wrongly classified as meeting 
standards especially if they involve MTBE, because regulators have been slow to 
recognize that the 
gasoline additive moves farther and faster in groundwater than other petroleum 
chemicals. More significantly, many fuel spills are never discovered, or are 
found only after water wells have been affected. 
The Suffolk County Department of Health Services, for example, last year tested 
only about 
3,000 of the more than 50,000 private water wells in the county, and found 
petroleum chemicals in several hundred of them. 
In public wells in Nassau and Suffolk, officials said the detection rate for 
petroleum is about 1 in 10, although Nassau doesn't have complete figures 
yet because some water districts have been testing for MTBE only for a few 
months. The Suffolk County Water Authority, for example, last year found 
petroleum chemicals in about 8 percent of its 500-odd wells, almost always at 
levels within 
state safety standards for drinking water, according to county health 
officials. 
But when Suffolk finds petroleum chemicals in a well and traces it back to a 
leaking tank, more than half of the time the leak's existence is a surprise to 
the state DEC, said Joseph 
Baier, director of environmental quality for the county health department. And 
when the Nassau County health department five years ago dug up almost 100 
residential oil tanks in Levittown as part of a special study, it found that 25 
percent of them were leaking - almost always 
without the owners knowledge, said Joseph Haas, an engineering geologist at the 
Long Island office of the state DEC. 
"The bottom line," said Haas, 
"is we really don't know how many of them are out there." 
Underground leaks can be devilishly difficult to discover, whether they're 
coming from a backyard heating 
oil tank or a large gasoline tank buried beneath a service station. While some 
tank owners learn they have a problem after noticing their fuel use has 
inexplicably risen, many leaks are discovered only if vapors penetrate nearby 
basements or reach water wells. 
There are 
probably several hundred thousand buried fuel tanks in Nassau, Suffolk and 
Queens, ranging from massive 5-million-gallon gasoline storage tanks in Long 
Island City to the tens of thousands of 275-gallon backyard oil tanks that dot 
Nassau and Suffolk and supply most of the 
region's home heating energy. 
While those small heating oil tanks can be a problem, especially near the South 
Shore where the high water table can corrode tank walls, the far bigger threat 
to drinking water comes from buried gasoline tanks, usually at service 
stations. That's not only because gasoline tanks are larger than oil tanks - a 
typical service station tank holds about 8,000 gallons - but because gasoline 
is far more likely than oil to pass through the soil and reach groundwater, and 
contains more of the volatile organic compounds such as benzene, toluene and 
MTBE. Ingesting those compounds at very high levels, or at lower levels over a 
long period of time, can cause ailments ranging from cancer and genetic damage 
to dizziness, nausea and watery eyes. 
Tank leaks are a special danger on Long Island and in southeastern 
Queens because those areas are entirely dependent on aquifers for drinking 
water, and because pollutants quickly penetrate the region's sandy soil and 
reach the shallow water table. Most of New York City gets its drinking water 
from upstate reservoirs, but about 520,000 people in southeast Queens 
rely at least in part on 46 water wells. Nassau and Suffolk, meanwhile, rely 
completely on the 1,050 public wells that serve about 95 percent of the Long 
Island population, and on the tens of thousands of backyard wells that supply 
the remaining five percent, mostly 
in Eastern Suffolk. 
Fuel leaks have become so common that their total numbers overwhelm other 
groundwater threats that have gotten much more attention, such as radioactive 
tritium discharged from Brookhaven National Laboratory and 
pesticides in East End wells. That's because gasoline, though obviously a hazardous 
substance, is 
something that people are used to dealing with every day, experts suggest. 
"There are so many of these smaller . . .  spills , they affect a lot of people, 
and they get a lot less attention," said Henry Bokuniewicz, director of the Long Island Groundwater Research 
Institute at the State University at Stony 
Brook. 
"My instinct tells me that you would derive greater public benefit by putting 
resources into cleaning them up, and that Brookhaven Lab is getting attention 
and resources that are probably disproportionate to the nature of the problem 
because of all the public attention." 
On Ash Lane in Valley Stream, residents are convinced. The neighborhood of 
spacious 
homes and dogwood-lined streets is an apt example of just how disruptive a 
gasoline plume can be. 
At the end of the cul-de-sac, just past Ira and Betty Brophy's house, is a 
dense patch of cedars, oaks and maples that screens the neighborhood from Green 
Acres 
Mall and Sunrise Highway, 300 feet to the north. But that barrier couldn't 
protect Ash Lane from a 2,000-foot-long stream of gasoline seeping into the 
area from a Mobil station on Sunrise Highway. 
Brophy first caught a strong whiff of gasoline on Ash 
Lane in 1995 as he was climbing into the silver Acura he had just leased. 
Puzzled that there were no leaks from the car, he noticed that the odor seemed 
to be coming from a nearby manhole cover to a storm sewer. In late 1996, 
another neighbor started smelling gasoline in a basement playroom, and 
a third smelled it in the spring of 1997. 
But the three residents didn't know their problems were connected until last 
August, when the state conservation department sent out letters to the 
neighborhood saying that tests conducted by a consulting firm Mobil had hired 
found a 
contamination plume from the station has seeped into the area. 
Ever since, the leak has been an inescapable force in the lives of the 
residents of Ash Lane and several nearby streets. 
At least two home sales in the neighborhood have fallen through because of the 
spill - 
"How do you sell a house that has a monitoring well 
at the base of the driveway?" asked one resident - and committees of neighbors have spent long hours 
lobbying for a cleanup and combing through public records to look for 
information they say the state and Mobil have been slow to provide. They also 
hired a lawyer, Barry Fine of Huntington, who earlier this 
month sued Mobil for $ 70 million on behalf of 17 local families. 
"We have the sense that we don't really know who's in charge," said Brophy, who said residents are fearful that the
six recent cancer cases 
in the neighborhood could somehow be related to the spill. 
Air tests conducted 
by the Nassau Health Department show that in more than a dozen homes on Ash 
Lane and adjacent Woodland Road, airborne components of gasoline - mostly low 
levels of benzene, toluene or MTBE - have entered basements or ground floors, 
either through sump pumps or sewer pipes. There are 
no specific health standards for petroleum chemicals in household air, but 
county officials told residents there was no immediate danger. 
Far beyond Ash Lane and Woodland Road, meanwhile, the groundwater shows the 
effects of the gasoline leak. The area relies on public water 
wells, none of which have been affected so far, but tests conducted by Mobil's 
consultant show elevated levels of MTBE 30 feet below the surface as far away 
as East Elderberry Lane, which is about 2,000 feet from the Mobil Station on 
Sunrise Highway. That means the plume is beneath 
about 100 Valley Stream homes - and it's still expanding southward. 
Mobil and state regulators say they've made the Valley Stream spill a priority, 
but that the size and complexity of the plume means it takes time to figure out 
exactly where to locate collection wells to pump 
out the contaminated water so it can be treated and then pumped back into the 
ground. 
"You don't just punch holes in the ground without assessment information. If the 
well goes in the wrong place, it does not address the problem," said Ida Walker, a Mobil spokeswoman, who 
said the company first learned the plume had expanded beyond the station 
property and was moving south in 1996. 
Mobil installed a cleanup system at its station in June of this year, and in 
the fall it plans to build another groundwater treatment system on public land 
200 feet farther south, near the trees behind the Brophys house. That system 
"is going to be on for a very long time," Walker said, but may not be sufficient to take care of the problem. 
Big companies like Mobil aren't the only ones facing huge financial 
liabilities for spills. Plenty of ordinary residents of Long Island and Queens 
have woken up in the morning to discover that they are polluters, and that 
unless their insurance covers such spills, they're going to have to pay. 
"It's horrible to feel like you're responsible for polluting the river," said Dana Goldman of Riverhead. When the 
oil tank at her home leaked into the Peconic River in 1995, a contractor hired 
by the state to clean it up set up booms on the river and dug up most of her 
backyard. Ultimately, she said, her sister, who owns the property, may have to 
reimburse the state 
for the cost of the cleanup unless she can pin the blame on their former 
heating-oil company. 
And in Seaford, single mother Maureen Kane is facing the prospect of financing 
a five-year cleanup of oil that leaked from her backyard tank - a cleanup her 
insurance company won't cover. 
"I don't know what I'm going to do," she said. 
Since the 1970s, governments have been struggling with the question of how to 
deal with tank leaks. The state's spill fund was established in 1978, and two 
years later Suffolk County became one of the first local governments to adopt a 
comprehensive program to 
test older commercial tanks to see if they are leaking. Nassau and New York 
City later passed similar laws, but they haven't stopped the leaks because 
enforcement has been inconsistent, many residential tanks are exempt, and even 
the newer commercial tanks aren't leak-proof. 
Nationwide attempts to mandate tank 
replacement have run into many of the same problems. This year, for example, 
the U.S. Environmental Protection Agency is in the embarrassing position of 
acknowledging that its long-awaited Dec. 22, 1998, deadline for upgrading or 
replacing substandard large fuel tanks - a deadline the EPA set 10 years 
ago - is being ignored, and that the agency won't be able to do much about it. 
As leak prevention efforts have fallen short and the state's backlog of 
unfinished spill cleanups has steadily increased, state officials have been 
changing the rules that determine when a cleanup can end. 
Exactly when the state switched from enforcing fixed 
cleanup standards to a case-by-case approach isn't easy to pin down. The 
switchover appears to have been a gradual process that began when the 
"spill guidance manual" used by state investigators was revised in 1992 to allow sites to be declared 
"inactive" even if they don't meet minimum 
cleanup standards. 
For the state, the case-by-case approach has two big advantages over the older, 
stricter approach to cleanups: it requires less money and less staffing, both 
of which have been in short supply. 
While the state DEC's workload has steadily increased in recent years, 
staffing has stayed slightly below 1991 levels. 
"We do get swamped, and things drag out for years," said Austin, the New York City spill supervisor. 
Budget pressures, meanwhile, have gotten much worse because of the precarious 
condition of the state's spill fund, which the conservation department taps 
when tank 
owners won't take the lead on financing their own cleanups. 
The fund, financed with a four-cent-per-barrel tax on petroleum imported into 
the state, is flirting with insolvency. Last year, the state spent $ 30.2 
million on cleanups but collected just $ 21.1 million 
in taxes, reimbursements and federal aid, causing the fund's balance to dwindle 
to less than $ 3 million. Just three years ago, there was $ 15 million in 
available cash in the spill fund. 
To try to replenish the fund, the Legislature last year increased from three to 
12 the number of lawyers 
in the attorney general's office who handle spill reimbursement cases. But the 
hoped-for surge in reimbursement collections from spillers hasn't materialized 
yet because the cases take so long to resolve. And state officials say 
collecting a few million dollars more every 
year from spillers may not sufficiently bolster a fund that faces more demands 
than ever but gets most of its money from a tax that hasn't been increased in 
20 years. 
Conservation department officials acknowledge that the shortage of public money 
is an important reason for their case-by-case approach to cleaning up spills. 
"Do we clean up every spill to pre-release conditions? Absolutely not. There is 
not enough money to do that," said Ray Cowen, the DEC's Long Island regional director. 
"We can still protect the public by taking a more common-sense 
approach to these cleanups." 
But local critics and some outside experts argue that the state's policy of 
writing off some spills that don't meet its own standards ignores the region's 
unique dependance on groundwater. 
"Each site does have to be considered individually. But generally speaking, any 
spill that has the ability to 
reach that sole source aquifer, in my personal opinion, should be cleaned up to 
groundwater standards," said John Heffelfinger of the EPA's office of underground storage tanks. 
While the EPA encourages states to adopt a risk-based, case-by-case approach to 
cleaning up tanks, 
applying that approach correctly on Long Island 
"is going to lead to a stringent cleanup for basically all the spill sites" said Dana Tulis, the director of the office. 
But critics say it hasn't worked out that way, perhaps because spillers wind up 
taking the lead 
in running cleanups in about nine out of 10 cases, not only by writing checks 
but also by choosing and overseeing the consulting firm that does the work. The 
other 10 percent of the time, the conservation department taps its spill fund 
to pay for cleanups - often hiring 
many of the same consulting firms to do the work - and then seeks reimbursement 
from spillers. 
Critics say the process gives far too much power to tank-owners and their 
consultants. Most of the time, the consultant, not the state, decides how to go 
about cleaning up a spill and then does the cleanup. While state officials 
can require changes, they often don't. 
Last year on Long Island, for example, the state insisted on major changes in 
fewer than 30 of the 600-odd cleanup plans prepared by spillers consultants, 
according to Gomez, the state's chief spill regulator in 
Nassau and Suffolk. 
"Occasionally we'll tell them they're way off, but a lot of times it's more that 
they have the right idea but just need a little more information to back it up." 
It's a process that leaves neighboring residents on the sidelines and in the 
dark, because the state often does not inform neighbors that a spill is nearby. 
"The state relies on the responsible party for all their information, and are 
the last ones to inform homeowners that there's a plume of contamination in 
their area," said lawyer Neal Capria, whose first spill case was representing 553 
South Setauket residents in Long Island's largest-ever petroleum spill, the 1.5 
million-gallon 1987 gasoline leak from a Northville Industries storage 
terminal. 
Consultants frequently try to convince the state that a cleanup has gone far 
enough and that further efforts aren't worth the time or 
expense if drinking water wells aren't affected. 
"It's a subjective process. We're asking our people to use their professional 
judgment that it's okay to stop," said DeZolt, who supervises the spill program statewide. 
Lobbying from the petroleum industry, state officials say, wasn't behind their 
adoption of 
a case-by-case approach. But the switchover did coincide with the nationwide 
push by the nation's major gasoline producers and retailers to persuade states 
to adopt flexible, 
"risk-based" cleanup rules. 
"Why would you want to subject a site to an overly strict cleanup standard, 
based on 
an absolute worst-case scenario, if you know that the situation at the site 
doesn't warrant that?" asked Kyle Isakower, a senior analyst at the Washington-based American 
Petroleum Institute, the oil industry's chief trade group. 
New York, too, has been part of the industry's push. In 1994 and 
1995, the DEC headquarters staff in Albany launched a process aimed at 
codifying 
"risk-based" cleanup standards in regulations or even state law. 
Five years later, they're still trying. 
After studying the issue for three years, the conservation department 
unveiled its proposal in January, 1997. The proposed rules would have given 
spill investigators even more flexibility in closing off cleanups without 
complying with fixed standards. 
"It allows you to leave a little more petroleum behind," said Gomez. 
Right now, for example, 
DEC officials usually give tank owners permission to stop cleaning up a spill 
only after a cleanup has gone on for a few months or years and there's evidence 
that levels of MTBE or benzene in groundwater aren't dropping as quickly as 
they did when the cleanup effort began. 
Under the rules the state proposed last year, however, tank owners in many 
cases could stop after doing a study that found minimal risk to water wells, 
instead of waiting to see the results of the early stages of a cleanup effort. 
But the Pataki administration quickly withdrew the 
proposal after environmental groups complained they weren't consulted. Instead, 
it passed the issue to an outside advisory committee appointed by the DEC. 
The point of the outside panel was to provide the public input that was missing 
from the interim rules the state had just dropped. But state records show the 
panel's 
members overwhelmingly represent business interests, especially those of the 
petroleum industry. 
The 17-member steering committee coordinating the effort, for example, has just 
two non-business members, only one of whom regularly attends meetings. And of 
the more than 150 people who have volunteered to serve on the subcommittees 
that are drafting the 
specifics of the proposal, there is just one representative of an environmental 
group, one public health official and no water providers. More than 50 percent 
are consultants or attorneys and another 23 percent represent businesses or the 
petroleum industry. Most of the rest are from government agencies. 
"It's been really difficult because out of all the 
people who are participating in this process, I'm the only one whose bottom 
line is the environment, as opposed to controlling costs," said Val Washington, executive director of Albany-based Environmental 
Advocates, the sole member representing an environmental group. 
State officials say they've tried to broaden the 
membership, but say it's been hard to find environmentalists and other people 
from outside the industry willing to make the necessary time commitment. 
"We've been a little frustrated that the group isn't as representative as we 
might have liked," said Tom Plesnarski, DEC's liaison to the advisory group. 
The group's final recommendations, as 
it turns out, closely resemble the plan the state withdrew early last year, 
including the heavy reliance on studies that try to project the possible impact 
on water wells. Those recommendations are to be formally submitted to the 
conservation department in a few weeks. But state officials 
say it may be a year or more before the Pataki administration decides whether 
to formally adopt the plan, either through regulation or by asking the 
Legislature to amend state law. 
In the meantime, state spill investigators are continuing to allow tank owners 
to abandon some cleanups that don't 
meet state standards. 
Some lawyers and legislative officials say the state's case-by-case approach is 
illegal because it conflicts with provisions of state law that classify all 
groundwater as potential drinking water, and because it was never explicitly 
authorized in law or regulation. Instead, it was included 
in a series of 1992 revisions to the manual used by the state's spill 
investigators. 
"Under state law, all groundwater is treated as potential public water supply, 
so they're violating the statute and violating their own guidance memoranda," said Rick Morse, staff director of Legislative 
Commission on Toxic Substances and Hazardous Wastes, a joint Assembly-Senate 
committee. 
The conservation department's expert on the topic acknowledged the law is 
murky. 
"The definition of cleanup and removal is extraordinarily loosely written, and 
it varies depending on which section of the law you're referring to," said Ben 
Conlan, a DEC attorney. 
He agreed the state's groundwater standards apply to all contamination plumes 
whether or not they threaten drinking-water wells, and no matter how costly 
they are to clean up. And he also conceded that spillers are legally liable for 
"all cleanup and removal costs" under state law. 
But that strict language applies to legal liability, not the cleanup, he said. 
"If you're looking for an express requirement for cleanup to pre-release 
conditions, I've yet to find one," said Conlan. 
As a result, the state has been careful in the language it uses to describe 
cleanups that have been abandoned without meeting standards. Instead of being 
"closed" those cases are now often deemed 
"inactive" - a legal distinction that doesn't mean much in reality because state 
officials say they can't remember an inactive case ever being reopened in the 
three-county area 
since the DEC began to frequently use the term five years ago. 
"There's a lot of subjectivity," said DeZolt, who runs the state's spill program. 
"Sure it's confusing and frustrating to the public, because it's frustrating for 
us, too. We have to figure this stuff out every day." NEXT: MTBE, the 
newest threat to drinking water Mapping Toxic Sites Around LI In Your Town 
Today's LI Life includes customized maps showing major petroleum spills in each 
of Long Island's towns. The maps, prepared for Newsday by Toxics Targeting Inc. 
of 
Ithaca, show the locations of hundreds of large oil and gasoline spills that 
are too contaminated to meet the state's definition of clean soil or 
groundwater, according to state records. 
To see all of the maps, Internet users can go to http://www.newsday.com and 
follow the links. Internet users can also see the 
precise location of individual spills on a detailed street grid at 
http://www.toxicstargeting.com and can obtain additional spill information, for 
a fee, from Toxics Targeting. 
 **** Spills of the Island As of April 1, there were 41,901 gasoline and oil 
spills in Nassau, Suffolk and 
Queens in the state Department of Environmental Conservation's computer 
database. Here's how they break down by location, cause, and whether they've 
been cleaned up enough to meet state soil and groundwater standards: . 
Queens Nassau Suffolk. Meet cleanup standards 3,286 14,976 14,373. Don't meet 
standards 
4,184 2,387 2,695. . . Cause. 
Queens Nassau Suffolk. Equipment Failure 2,366 5,554 4,355. Unknown 1,461 2,263 
2,848. Tank Test Failure 880 1,879 1,347. Other 380 1,807 1,814. Tank Failure 
463 1,347 1,179. Human Error 611 1,125 
1,025. Deliberate 259 934 1,313. Tank Overfill 601 810 782. Traffic Accident 
180 746 808. Abandoned Drum 100 326 852. Housekeeping* 145 466 569. Vandalism 
19 65 122. None Given 5 41 54. . 
 *-Fuel storage 
sites where there have been numerous small spills during fuel transfers.. . 
SOURCE: Toxics Targeting Inc., from data compiled by the state Department of 
Environmental Conservation.  
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