Times of change come in history and we are at such a crossroads in Cayuga 
County now.  Groundwater is one such issue.  Other counties have the same 
problems but, we, today, must face them.  Not wait for everyone or 
someone else to address them.  Not the State or some other County.  There 
are ethical, moral and legal issues that we can not ignore.  Questions about 
how each and every one of us have disposed of our waste for generations.   

Government is asked to look out for us at times and many times we ask it 
to keep out of our business and our lives.  When should government step 
in?  When should and individual speak out?  First and foremost when the 
health and well-being of people and the environment in which they live is 
in jeopardy.  When you know of a danger and a threat then there is a moral 
obligation to speak out and allow people to know the truth.  The EPA and 
health departments are "expected" to notify us of the risks and threats of 
chemicals, drugs and cigarette smoke. But for some strange reason we have 
gone until now unknowing and not wanting to know or understand the 
treats of contaminated groundwater.  And we particularly do not want to 
face the fact that each and every one of us and generations before us have 
contributed to this present problem.  When a problem, especially a 
problem that threatens human health, is identified, known, and understood, 
there is a responsibility to face it, notify your fellow citizens, inform them, 
make sure they fully comprehend the dangers, and seek solutions.  

Presently, and for many years, the NYSDEC, Towns, Cooperative 
Extension, County Health Department, EPA and State Health Departments 
have know of the threat of local trash dumps.  Many of these dumps were 
operated for years by towns, villages, cities, individual homeowners and 
farmers.  All these governmental agencies have known for years that these 
dumps have toxic and hazardous, post WW2 chemicals in them and that 
they have, are or will leak into the groundwater.

So far the general way of dealing with these small dumps is to ignore them.  
After all almost everyone had one and almost everyone contributed 
materials into them.  Why then the concern?  There are no cancer clusters 
identified in Cayuga County.  No high spikes in leukemia, cancer, liver 
disease, immune system failure etc..  How would we know if we are not 
testing for these things?  But even without water testing would not these 
heath issue rear up?  Few were concerned about groundwater in Cayuga 
County until the NYSDEC started testing recently.  Now we know the 
results but this is only the beginning.  For the individuals in the path of 
these contaminants it is of immediate concern.  It does not matter if it is 
one individual or ten thousand.  The bottom line is we know of the threat, 
have known and know the problem will only get worse as these containers 
continue to rust, break open and leak.  We also know that these dumps are 
spread throughout Cayuga County.  Cayuga County started compiling a list 
and map of these dumps years ago.  If we know what had been done, what 
should be done, and what are the ethical and legal consequences if nothinf 
is done?

To brush off responsibility just because Cayuga County government has not 
given the authority to the health department to monitor these dumps is 
irresponsible and unethical.  If you as an individual knew of a threat or 
danger on your property and failed to warn a visitor you would be 
negligent under the law and under common standards of human caring.  
That is where the buck stops and what the bottom line is.  Not the excuse 
that we can not bring this "out" because we as individuals or government 
would be open to liability.

Many questions present themselves.
- Knowing all this, and having known the threats to groundwater in the 
years to come what exactly is the responsibility of local government to 
inform us and protect us?

- If your neighbor knew of a danger to you and your family would you not 
expect them to notify you?  If there is a dangerous curve up ahead in the 
road, donÕt you expect to see a warning sign?  Especially if there is a new 
and known danger in the road do you not expect from the DOT a hazard 
sign or at least a detour?

- For the sake of simplicity lets take the example of a county department of 
health.  For years employees of these department have gone to seminars, 
taken classes, received literature, and just generally known of the existence 
of the town, village, city, individual, farm dumps scattered throughout any 
county and town.  They are taught about Òwellhead protectionÓ and the 
need to identify and protect Òsole source aquifersÓ.  Reports are written, 
sometime read, and sometimes presented to a locality.  But what really gets 
done?  Usually nothing.  Why?  Well the health department has not been 
given the authority and funding to press the issue.  Its 'home rule" and big 
government is not going to tell us what to do.  (even though it can monitor 
septic systems and spped limits it can not tell us what we can a nd can not 
do with the toxic chemicals on out dumps) But why not if we are finding 
ourselves in the situation we are in today west of Auburn?  And if the 
department knew that the odds were very high that there are such threats 
why did they not inform us?  To that I would suggest you ask your 
legislators, the health department, maybe even yourselves.  For we are all 
to blame.  All too often we just did not want to know.   We have been 
asked by the DEC and others to help them identify the location of dumps.  
But what exactly does this mean?  It means that if you, your father or 
grandfather farmed the odds are very high that they had a farm dump.  
Into that farm dump went old pesticide, herbicide, roenticide and other 
chemical containers.  Containers that were empty and containers that were 
full.  An extra five or ten gallons of DDT, 2-4-D, paint, gasoline, 
turpentine, drain cleaner, etc..  The health department may not know 
exactly where  they are and maybe the landowner does not even know.  
BUT the health department know that these dumps pose a risk.  That they 
are ticking time bombs that have exploded, or will explode.  What to do?  
If the department does nothing, even though they know then what duty as a 
neighbor has been avoided?  If they do inform the landowner or 
responsible party but do not require a clean up then what?  The do nothing 
attitude only exposes people drilling nearby wells to unnecessary and 
ÒavoidableÓ risk.

Within the past few weeks, only because of recent testing, we have known 
that there is a Òlow level hot spotÓ at the corner of Lime Kiln Road and 
Genesee Street.  A week ago a water well was drilled within sight of that 
Òhot spotÓ yet the owner of the land was never officially notified of the risk 
they were taking.  Why not?  Because right now, and in years past, the 
Cayuga County Department of Health has not been given the authority to 
notify landowners of a potential risk no matter how obvious that risk might 
be to the department.  If you know of a risk, and that risk was to your 
neighbor or family member wouldnÕt you warn them?  Would you stand 
around calculating your liability if you warned them and the threat turned 
out not to materialize?  Even though you know the odds and that the risk 
could materialize next week, next month or next year?   But wait; what if 
the department notifies a landowner of a potential dump site or a 
landowner volunteers such information what then?  Who get to see this 
information?  If the information is public are you not obligated to notify 
the buyer of any land affected?  How do you know what is affected unless 
you test?  If you do test and it is clean what assurance do you have that the 
dump on you property might not contaminates underground the 
neighboring property sometime in the future?  If you do not come forward 
and information about a dump on your property are you not assuming the 
responsibility and risk?  Why should you come forward if what you as a 
town , village, city individual or farmer did back in the 1940Õs, 50Õs, and 
onward was standard operating procedure.  There was no intent on your 
part or that of your town to hide anything.   Is it not worth the risk to just 
ignore the problem and hope the problem does not spread?  Again the 
bottom line and question to ask is: Òwhat would you do if remaining silent 
risked the health of just one individual?Ó

Seems as though State law and State thinking just really has not stood up to 
address these very tough questions.  Liability and responsibility just always 
seems to get in the way.  Who wants to rat on their neighbor when more 
than likely you yourself have a relative with a farm dump or individual 
rural dump that they used for generations.  And since no one has been 
testing individual water wells then who knew or knows?

If a town, village, or city is directly put on notice that the municipality 
knows of their dump sites and then takes no action, what is that government 
agencies exposure?

If the government or government agency does take action then where does 
the funding come from? 

Someone recently said that it was Òinconceivable that someone would not 
know about this situationÓ (the groundwater contamination in Aurelius and 
Springport).  I know of one individual that had no idea they were drilling 
so close to a contaminated area.  Just notifying a landowner or wellowner 
of a potential or real danger is not enough.  You must be sure they 
comprehend the dangers.  Otherwise you have only met the letter of the 
law the spirit.  Anyone that is in the business of handling dangerous 
materials such as natural gas or electricity will tell you that the public just 
assumes that the utility company takes care of everything.  The danger in 
minimal.  More and more people are moving to the county and in Cayuga 
County they are on their own when it comes to domestic water wells.  
These transplanted city folks, and many long term rural residents, just 
ASSUME that the County Health Department would notify them of any 
danger.  For generations there never was a threat or because we never 
tested water for these organic chemicals no one knew of the contamination.  
And it must be remembered that just because you test today and the water 
has to detectable levels or it is within health department guidelines, this is 
no assurance that the chemicals did not exist at high levels in the past or 
will appear in the future as cans rust through releasing these chemicals.     

There are many things known and many ifs here but the bottom line is 
peoples health.

The government knows of these farm and municipal rural dumps and has 
known for years.  The question is how to we deal with this responsibly, 
ethically and as quickly as possible?  

I understand the above contains a lot of questions and I realize that there 
may not be a precedent in New York State but we know what should be 
done and this may require Cayuga County to step up to the plate and set an 
example for the whole of the State of New York.  

I look forward to notification of the receipt of this letter and the answers to 
as many of these questions as possible.

Sincerely yours,

William S. Hecht

To be sent to:

Cayuga County Attourney
Cayuga County Health Department
Cayuga County Planning Department
Cayuga County Water Authority
Ralph Standbrook
New York State Attoury General Office
Assemblyman Finch
Senator Nozzollio
NYS DOH
NYS DEC
Jim Walsh