In the ruling by Commissioner Grannis, the DEC refused to write enforceable schedules into the actual permits; instead, the agency is relying on the compliance schedules contained in an Administrative Consent Order (ACO) between DEC and the New York City Department of Environmental Protection (DEP) and merely referenced in the final discharge permits for the fourteen plants and their related CSOs. Riverkeeper is opposed to this decision for two key reasons. First, excluding the schedules from the permit makes it much more difficult for Riverkeeper to take legal action if the DEP fails to comply with the schedule for reducing CSO pollution. While it is undisputed that citizens and groups like Riverkeeper can file Clean Water Act citizen suits for permit violations, the law is much less clear when it comes to ACO agreements. Second, excluding the compliance schedules from the permits effectively cuts off public participation in the process. Under the current arrangement, DEC and DEP are free to negotiate changes to the ACO that could affect how quickly and completely the city addresses the CSO problem, all without any required public input. This goes against Riverkeeper’s strong belief that the environmental permitting process should be transparent and open to public participation.

In its petition for appeal, Riverkeeper is seeking a declaratory judgment from the state Supreme court that the DEC’s Ruling is contrary to the state law requirement that these permits must include, as enforceable terms of the permit, any compliance schedules necessary to ensure attainment of water quality standards. Riverkeeper and NRDC are represented in this appeal by the Pace Environmental Litigation Clinic at Pace Law School.

Read a copy of the appeal.

More information on Riverkeeper’s work to reduce CSO pollution.

Rockland County Legislator Connie Coker, Chairwoman of the Legislature’s Environmental Committee has invited representatives from Riverkeeper to report on the results of our monthly river water sampling, which has frequently found unacceptable levels of the bacteria, Enterococcus, in the Hudson River within our region most recently during mid-July. The presence of Enterococcus, a bacteria found in the feces of humans and animals, is an indicator of untreated or incompletely treated sewage in the river which poses a potential risk to the health of individuals who come in contact with the water.

Legislator Coker states, “Our residents have a right to safe water not only for drinking but also for recreational activities such as swimming and boating. The studies conducted by Riverkeeper and Lamont-Doherty are the first step to determine where the problems are and then the results must be used to develop corrective actions in order to protect the health and safety of the public, which is the most critical responsibility of government at every level.”

Riverkeeper’s monthly water sampling is conducted in partnership with Lamont-Doherty Earth Observatory and Queens College, at 74 locations along the entire length of the Hudson River Estuary. Our July sampling report indicates that unacceptable levels of Enterococcus were found at almost half of the sampling sites between Yonkers and the Bear Mountain Bridge and all of the sampling sites from West Point to Newburgh.

The discussion will take place at the August 25th, 7:00 p.m. meeting of the Environmental Committee, held in the Chambers of the Rockland County Legislature, 11 New Hempstead Rd., New City. All committee meetings are open to the public.

Invite you to a Community Forum On the Future of the Hudson River and its Watershed

September 29, 2010, 6:30-9:00 pm
Nyack Library: 59 South Broadway, 10960

Provide your input, and participate in a conversation about the 2010-2014 Hudson River Estuary Action Agenda with Fran Dunwell NYSDEC Hudson River Estuary Coordinator

A summary of the 2010-2014 Estuary Action Agenda is at www.dec.ny.gov/lands/4920.html

Press Contacts:
Julia Church, Hudson River Sloop Clearwater, 845-265-8080, x 7112 or julia@clearwater.org
Kate Slusark, NRDC, 212-727-4592 or kslusark@nrdc.org
Tina Posterli, Riverkeeper, 914-478-4501 x 239 or tpostereli@riverkeeper.org
Andy Bicking, Scenic Hudson, 914-489-1568 or abicking@scenichudson.org

Peer Review Panel’s Draft Recommendations

Photo Courtesy John Norton

Clearwater, the Natural Resources Defense Council, Riverkeeper and Scenic Hudson—united in support of removing sediment contaminated with toxic chemicals, called polychlorinated biphenyls or PCBs, from the upper Hudson River—echoed the expert panel’s conclusion that Phase 2 of the cleanup can and should move forward on schedule, in spring 2011. The groups call on General Electric, the company responsible for dumping the PCBs into the river 40 years ago, to commit to resuming work next spring and to finishing the entire project, which is vital to making the Hudson River cleaner, healthier and more economically productive.

Statements from the environmental groups follow:

“It’s important to maintain momentum to the overall cleanup plan defined by EPA’s 2002 Record of Decision, which would remove the biggest sources of ongoing PCB pollution in the Hudson and return the river to a healthier state. We agree with the panel that, whatever adjustments may be needed in Phase 2, there is no basis to scale back the scope of cleanup, as GE has suggested,” said Ned Sullivan, President, Scenic Hudson.

“Phase 1 of dredging last year discovered much more contamination than expected, so the panel rightly concluded that GE and the EPA should take the time necessary to complete a good, thorough cleanup of the river, even if it takes longer than the five years originally anticipated. Arbitrary deadlines don’t make sense. We need an aggressive schedule that leverages the technological expertise of GE to do the best possible job when Phase 2 begins in April 2011 as planned,” said Rebecca Troutman, Senior Attorney, Riverkeeper.

“With the lessons learned from the first phase of dredging, it is clear that G.E. can successfully clean up its mess and finally return a healthy Hudson River to New York communities,” said Lawrence Levine, Senior Attorney at the Natural Resources Defense Council. “We learned from Phase 1 that there are more PCBs in the Hudson than we expected, and we can ensure Phase 2 will be a success by taking immediate steps like more accurately determining the depth of contamination on the river bottom. G.E. needs to step up its efforts for the next round – no one is better suited to the tackle this challenge than these leading world innovators.”

“Our coalition agrees with the Peer Review panel’s conclusion that there is absolutely no need to delay Phase 2 while developing a new computer ‘model’ to project the anticipated benefits of the cleanup. Many important and illuminating lessons already have been learned, and additional data gathered during Phase 2 can be used to adjust the project if needed,” said Manna Jo Greene, Environmental Director, Hudson River Sloop Clearwater.

###

Hudson River Sloop Clearwater is a nonprofit, grassroots environmental organization whose mission is to inspire, educate, and activate the next generation of environmental leaders. Founded by music legend and activist Pete Seeger, the organization set sail in 1969 with the launch of the sloop Clearwater, a 106-foot heritage vessel created to carry the environmental message up and down the Hudson River. Today, with diverse scientific and educational programs, environmental action, green job-building and sustainable river cities initiatives, Clearwater continues Pete Seeger’s legacy as America’s environmental flagship organization.

The Natural Resources Defense Council is a national, nonprofit organization of scientists, lawyers and environmental specialists dedicated to protecting public health and the environment. Founded in 1970, NRDC has 1.3 million members and online activists, served from offices in New York, Washington, Chicago, Livingston, MT, Los Angeles, San Francisco and Beijing.

Riverkeeper is an environmental watchdog organization whose mission is to protect the ecological integrity of the Hudson River and its tributaries, and to safeguard the drinking water supply of New York City and the lower Hudson Valley.

Scenic Hudson works to protect and restore the Hudson River and its majestic landscape as an irreplaceable national treasure and a vital resource for residents and visitors. A crusader for the valley since 1963, we are credited with saving fabled Storm King Mountain from a destructive industrial project and launching the modern grass-roots environmental movement. Today with more than 10,000 ardent supporters, we are the largest environmental group focused on the Hudson River Valley. Our team of experts combines land acquisition, support for agriculture, citizen-based advocacy and sophisticated planning tools to create environmentally healthy communities, champion smart economic growth, open up riverfronts to the public and preserve the valley’s inspiring beauty and natural resources.

Previous volumes are available here.
Pass the Reporter along!

All prices include shipping and postage
1 – 10 posters: $10 each
11 – 20 posters: $9.50 each
21 – 50 posters: $9.00 each
51 – 100 posters: $8.50 each
100+ : Contact Riverkeeper for pricing information

E-mail tposterli@riverkeeper.org to place your order.

*Please allow 2 weeks for your order to be processed.

Find out how you can minimize watershed pollution.

Read Riverkeeper’s letter supporting the assembly bill.