On November 28, Riverkeeper, Inc. and Friends of Hudson, Inc. served notice of their intent to sue St. Lawrence Cement (“SLC”) in Catskill, NY, for violating the federal Clean Water Act. Riverkeeper discovered illegal discharges of wastewater into the Hudson River during its helicopter patrol along the Hudson on November 27. While flying northbound, Riverkeeper staff discovered a huge, milky plume extending from SLC’s cement facility nearly a mile out into the river.

A huge wastewater plume enters the Hudson from SLC-Catskill (c)2006 ashford7.com

“In this day and age, it is truly surprising to find a facility as big as SLC’s in such blatant violation of the Clean Water Act,” said Riverkeeper Chief Investigator Basil Seggos. “SLC is now on notice. If they fail to come into compliance with the Act and their SPDES permit requirements over the next 60 days, we’ll seek penalties and an injunction in court.”

"It is a shame that SLC continues its pattern of flagrant disregard for the environment and environmental laws" said Susan Falzon board member and former Executive Director of Friends of Hudson. "The public is fortunate that Riverkeeper is on the job and discovered this illegal discharge into the Hudson at the Catskill plant. With this action Friends of Hudson's members and supporters have joined with Riverkeeper to vigorously pursue this matter and once again prevent SLC from despoiling our region's greatest natural resource."

The Clean Water Act prohibits discharges of pollutants into waters of the United States without a permit. New York State has been delegated the authority by the federal government to enforce the Act and issues State Pollution Discharge Elimination System (“SPDES”) permits for discharges. Communications with the state indicate that SLC possesses a SPDES permit. The state environmental conservation law prohibits discharges that cause a substantial visible contrast.

Environmental groups like Riverkeeper and Friends of Hudson can enforce the Clean Water Act through the Act’s citizen suit provision. Citizen suits are initiated by a “Notice of Intent to Sue,” which triggers a 60-day notice period before the actual lawsuit can be filed. Citizens suits can force injunctions and penalties of up to $32,500 per day of violation.

The SLC-Catskill facility includes quarry operations, raw milling, kiln operations, storage and loadout. The facility produces approximately 600,000 tons of cement per year. Water is used on site in the slurry process and for cooling and washing. Wastewater containing suspended solids, rock; sand; eroded soils; alkaline compounds, and other materials is apparently being discharged into a wetland which then overflows into the Hudson. Riverkeeper has compiled photographic evidence that this discharge is the cause of the huge plume observed during the aerial patrol.

Riverkeeper Boat Captain John Lipscomb conducts up to 6,000 miles worth of boat patrols on the Hudson River each year. While many pollution sources can only be investigated up close, equally as many, such as the sprawling SLC facility, can only be detected from above. SLC’s discharge point was effectively camouflaged from both the river and nearby Route 9W, but clearly detectible during Riverkeeper’s helicopter patrol. Joining Seggos and Lipscomb during the patrol were former NYPD pilot James McVey and Riverkeeper friend and photographer Giles Ashford.

SLC is based in Canada and has operations around the world. The Catskill facility has been in operation since 1964 and produces more than 600,000 tons of cement each year. In 2001, SLC proposed to phase out this facility while constructing a much larger facility upriver in Greenport. The SLC pulled the proposal in 2005 due to the tireless opposition work of the Friends of Hudson and the Hudson Valley Preservation Coalition, of which Riverkeeper was a member.

Riverkeeper, based in Tarrytown, NY, is a non-profit environmental organization that has been fighting to protect the Hudson River since 1966. On behalf of its 7,000 members, the organization uses law, science, and education to stop pollution and restore the river as a resource for the people of the Hudson Valley. Friends of Hudson, based in Hudson, NY, is a member supported organization dedicated to ensuring a healthy, sustainable and fulfilling quality of life for the mid-Hudson region's diverse population by safeguarding public health, air and water quality, and natural habitats and species.

To read Riverkeeper’s and Friends of Hudson’s Notice of Intent to Sue, click on the documents on the right column. Friends of Hudson can be found online at www.friendsofhudson.com. Riverkeeper friend and photographer Giles Ashford can be found online at ashford7.com.