On Friday the company said it was “disappointed” Hochul signed the bill.

“We firmly believe that this legislation is preempted by federal law and that the discharge of monitored, processed, and treated water would not impact the environment or the health and safety of the public,” spokesperson Patrick O’Brien said in an email. “In the interim, we will evaluate the impact to our decommissioning milestones and the overall project schedule.”

Levenberg is confident that the law won’t be circumvented by federal regulations or the NRC or even litigation by Holtec and other opponents. She said there is court precedent that allows the state to have authority over radiological discharge.


Gov. Kathy Hochul signed the “Save the Hudson” bill into law on Friday, banning any further radioactive waste dumping in the Hudson River.

The defunct Indian Point Energy Center, which is the only nuclear plant on the Hudson, is undergoing decommissioning. In February, the plant’s owner, Holtec International, announced it would dump batches of more than 1 million gallons of radioactive water into the river beginning this summer – describing it as the best option for disposing of the material.

The announcement set off a monthslong backlash from surrounding communities who clamored for an alternative, citing health and economic concerns about using the Hudson River, already a federal superfund site, as a dumping ground. While Holtec postponed its August timeframe, the company told Gothamist earlier this week that it still had plans to go ahead in late September or early October. The law effectively blocks this planned discharge.

“The community has spoken loud and clear that it is unacceptable to use the Hudson River as a dumping ground for radioactive waste,” wrote Tracey Brown, president of local advocacy group Riverkeeper, in an email.

As Gothamist previously reported, the water in question has been treated and filtered with charcoal and resin, which removes metals and chloride. But it still contains low levels of tritium, a radioactive form of hydrogen and a byproduct of nuclear fission. It cannot be extracted from water because the two are so chemically similar.

While tritium isn’t as potent and damaging as plutonium or other radioactive chemicals, humans can breathe it in or ingest it. It has also been found to chemically embed into organic matter, such as plants and animals in the food chain, intensifying its radioactive dose. Tritium emits low levels of beta radiation as it decays and eventually becomes helium. In large quantities, tritium can elevate the risk of cancer.

“The more we learn, the more we know that this is the right move, that we need to come up with better ways to protect our environment,” said state Assemblymember Dana Levenberg, who represents the area surrounding Indian Point and sponsored the bill. “We can’t just keep moving forward – status quo the way we have been.”

Holtec told Gothamist that the “Save the Hudson” law would most likely be preempted by federal law and need to be litigated. Nuclear power plants and their activities typically fall under federal authority via the Nuclear Regulatory Commission.

On Friday the company said it was “disappointed” Hochul signed the bill.

“We firmly believe that this legislation is preempted by federal law and that the discharge of monitored, processed, and treated water would not impact the environment or the health and safety of the public,” spokesperson Patrick O’Brien said in an email. “In the interim, we will evaluate the impact to our decommissioning milestones and the overall project schedule.”

Levenberg is confident that the law won’t be circumvented by federal regulations or the NRC or even litigation by Holtec and other opponents. She said there is court precedent that allows the state to have authority over radiological discharge.

The Nuclear Regulatory Commission regards New York as an “Agreement State” — meaning the state takes on the responsibility for the use of nuclear materials within its borders that would otherwise be overseen by the NRC.

“The state can have a say over radiological discharge if it has a negative impact on the economy,” Levenberg said. “The economic vitality of the Hudson River is threatened by the dumping of the radiological waste into the Hudson.”

The next Indian Point Decommissioning Board meeting will take place on Sept. 21 at 6 p.m.

Source: https://gothamist.com/news/no-more-radioactive-dumping-in-hudson-river-ny-gov-hochul-signs-ban