Hold the mud

EPA says community and flood control releases should remain in the Interim Protocol, while alternative means of turbidity reduction should be sought by DEP, in order to replace the operational releases. The Consent Order should be beefed up to include a reopening of the DEP’s structural and engineering analysis of alternatives for turbidity control — the analysis that originally led to the reopening of the Ashokan release channel. Specifically, Gratz encourages “construction of the Shaft 4 connection, which allows diversion of Delaware system water into the Catskill Aqueduct,” thereby introducing more clear water into the system that has required alum treatment.

At this point, Shaft 4 is scheduled to be completed by March 31, 2015.

The EPA’s comments do not refer to the financial penalty that the county requested the DEC impose on DEP to reimburse landowners along the lower Esopus for damage to property. Philip Sweeney, director of the New York City Watershed Oversight Program, said fines are not within the EPA’s purview in this case but would be determined by DEC.

In general, said Sweeney, the EPA’s recommendations regarding the Consent Order do not carry regulatory weight, but they will be considered by the DEC in finalizing the agreement with New York City. “We are partners with DEC in setting policy and making decisions,” stated Sweeney. “This is an issue that covers both the Clean Water Act and the lower Esopus issues, where the DEC has the main purview, plus the Filtration Avoidance Determination,” which permits New York City to maintain its water system without having to build a multibillion dollar filtration plant.

Regarding the suggested provisions, Sweeney added, “This is not a radical proposal — it’s within the realm of possibility, and we hope they will adopt it.”

Ulster’s comments

Ulster County has sent comments on in the form of two strongly worded letters and 594 pages of data on impacts to the riverbank properties due to turbid water releases as of August 23, 2011.

A letter dated July 10 and signed by County Attorney Beatrice Havranek emphasizes the failure of the Consent Order to provide for compensation to landowners along the lower Esopus who have had to spend money on repairs to docks and streambanks as a result of the water releases. Havranek cites data obtained from 150 questionnaires and 45 site visits, on which county personnel assisted DEP researchers. Yet, she writes, no report based on the data was ever released to the county. Therefore, she includes the documentation in the comments submitted as part of the consent order review process.

She also points out that the research was conducted before Hurricane Irene, so the damage documented cannot be attributed to the hurricane.

Havranek demands that a fund be set up for lower Esopus property owners, along with a system for processing and reimbursing damage claims. In her follow-up letter dated July 13, she recommends that the civil penalty specified in the Consent Order be increased from $1.5 million to no less than $10 million, to be used “to finance environmental benefit projects and damage claims of property owners, both public and private.”

Formal comments on the Consent Order were also filed by State Senators John Bonacic and James Seward, Assemblymen Peter Lopez and George Amedore, and numerous Ulster County officials, including County Legislature Chairman Terry Bernardo.

Bonacic stated, “If discolored water was being served in the taps of restaurants in Manhattan, this would be front page news in every paper in the country until the water is clear again. Instead, this has been a blip on the radar. We need the DEC to do better.”

“Now the DEC has all the data and comments,” observed Hein, “and EPA has weighed in as well — and they’re a powerful entity. It’s up to the DEC now.”