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EPA Response: BP Oil Spill

IMPORTANT: Public Hearing for Saugerties Partition Street Project

Partition Street Project Public Hearing

Date: Mon, Oct 26, 2009
Contact: Mary Frank
Phone: 845-246-2321 x1
Email: mfrank@villageofsaugerties.org
Description
Time: 7 p.m.

Description:

The Village of Saugerties Planning Board will receive comment on the proposed Partition Street Project, located at the former Cantine Mill premises. The project involves a catering hall, restaurant, hotel, parking, infrastructure, lighting improvements and landscaping.

Senior Citizens Center, Market Street.

Saugerties Violates Clean Water Act 26 Times Since 2004

The New York Times reports that since 2004 Saugerties has violates the Clean Water Act 26 times:

http://projects.nytimes.com/toxic-waters/polluters/new-york/12477

	Facility Name	City	Last Inspected	Violations	Fines
	Saugerties (V) Dock Street STP	Saugerties	Feb. 13, 2006	18	$0
	Glasco WWTP	Saugerties	Feb. 8, 2006	4	$0
	Malden On Hudson WWTP	Saugerties	Feb. 11, 2004	4	$0
	Hits On The Hudson	Saugerties	No Information	0	$0
	Horse Show Facility	Saugerties	June 1, 2004	0	$0
	Philips Components	Saugerties	March 17, 2003	0	$0
	Saugerties MS4 Storm Sewers	Saugerties	No Information	0	$0
	Saugerties MS4 Storm Sewers	Saugerties	No Information	0	$0

This zip contains 8 facilities of 4,606 in the state.

In parts of New York, Rhode Island, Ohio, California and other states where sewer systems cannot accommodate heavy rains, untreated human waste has flowed into rivers and washed onto beaches. Drinking water in parts of New Jersey, New York, Arizona and Massachusetts shows some of the highest concentrations of tetrachloroethylene, a dry cleaning solvent that has been linked to kidney damage and cancer. (Specific types of water pollution across the United States will be examined in future Times articles.)

Records analyzed by The Times indicate that the Clean Water Act has been violated more than 506,000 times since 2004, by more than 23,000 companies and other facilities, according to reports submitted by polluters themselves. Companies sometimes test what they are dumping only once a quarter, so the actual number of days when they broke the law is often far higher. And some companies illegally avoid reporting their emissions, say officials, so infractions go unrecorded.

Some violations are relatively minor. But about 60 percent of the polluters were deemed in “significant noncompliance” — meaning their violations were the most serious kind, like dumping cancer-causing chemicals or failing to measure or report when they pollute.

Finally, the Times’s research shows that fewer than 3 percent of Clean Water Act violations resulted in fines or other significant punishments by state officials. And the E.P.A. has often declined to prosecute polluters or force states to strengthen their enforcement by threatening to withhold federal money or take away powers the agency has delegated to state officials.

Here are some commercial labs certified by NYS:

http://www.wadsworth.org/labcert/elap/comm.html

LABID: 10709: ADIRONDACK ENVIRONMENTAL SERVICES INC

314 NORTH PEARL STREET
ALBANY NY 12207
MR. PAUL BATISTA (518) 434 -4546

Approved for the following categories:
• Air and Emissions
• Non Potable Water
• Potable Water
• Solid and Hazardous Waste

LABID: 11740: ALPINE ENVIRONMENTAL SERVICES, INC.

1146 CENTRAL AVENUE
ALBANY NY 12205
MR. CRAIG PETREIKIS (518) 453 -0146

Approved for the following categories:
• Air and Emissions

LABID: 11129: FIBERS ID INC

1670 WESTERN AVE BLDG. B
ALBANY NY 12203-4218
MR. MICHAEL H. HAY (518) 456 -4501

Approved for the following categories:
• Air and Emissions
• Solid and Hazardous Waste

LABID: 11799: JH CONSULTING GROUP, INC

15 LYNWOOD DRIVE
LOUDONVILLE NY 12211-1347
MR. JACK HALSTUCH (518) 785 -9839

Approved for the following categories:
• Non Potable Water
• Potable Water

LABID: 11917: RESPONSE LABS LLC

12 COLVIN AVENUE
ALBANY NY 12206
MR. JUSTIN ADAMS (518) 482 -5630

Approved for the following categories:
• Air and Emissions

LABID: 10350: ST. PETER'S BENDER LABORATORY

19 WAREHOUSE ROW
ALBANY NY 12205
DR. JEFFREY D. HUBBARD (518) 525 -5480

Approved for the following categories:
• Non Potable Water
• Potable Water

LABID: 11859: THE HOME INSPECTOR, LLC

14 TAMARACK LANE
NISKAYUNA NY 12309
MR. DOUG VIERATH (518) 496 -7240

Approved for the following categories:
• Air and Emissions

LABID: 11779: WKP LABORATORIES INC

565 WASHINGTON AVENUE
ALBANY NY 12206
MS. NOELLE BRUNO (518) 431 -0007

Approved for the following categories:
• Air and Emissions

Questioning the Village's Sanitary

Village responds to allegations of problems at water treatment plant

According to Dock Street resident David Radovanovic, the water treatment plant is operating at near capacity, and will be unable to accommodate projects now in the planning stage. At the January 20 meeting of the village board, trustee William Murphy and wastewater superintendent Mike Marino addressed the issue. They said that although the plant has been cited numerous times by the Environmental Protection Agency (EPA), just one of those citations was classified as severe, and stated that the plant has the capacity to meet all planned projects at this time -- including the hotel/convention center on Partition Street and the three and half miles of new commercial hook-ups planned for Kings Highway.

At the village board meeting two weeks ago, Radovanovic produced reports from the EPA showing noncompliance at the Dock Street wastewater treatment plant for eleven of the past twelve quarters. The EPA oversees the work of the New York State Department of Environmental Conservation, which is directly responsible for monitoring the facility.

"I checked with the DEC and these were factual findings," said Murphy. "There was only one significant noncompliance issue. Eleven were not severe. There are obviously problems we have to look into, but these are not constant problems. The main cause of the problems is infiltration and inflow, which we have been dealing with for years."

Radovanovic said that while infiltration does contribute to the problem, "other factors that are being glanced over. I'm afraid that if we hook up industrial level types of waste, there must be some type of pretreatment."

Radovanovic said that some of the cases of noncompliance were due to an elevated presence of coliform in the plant's water, which he attributed to the presence of fecal matter.

Wastewater department superintendent Mike Marino, however, pointed out that while coliform can be found in feces, it is also sometimes present in drinking water, as well as other sources. Marino also said that the coliform levels were not considered by the DEC to be high enough to constitute a case of significant noncompliance.

Marino admitted that Radovanovic's argument is correct: the Dock Street wastewater treatment plant has been found to be in noncompliance during eleven of the past twelve quarters, but that only one quarter showed a significant issue. In the first quarter of 2005, the plant showed high levels of settleable solids, and was found by the DEC to be in a state of significant noncompliance. Marino attributes this to heavy precipitation levels during the early months of 2005.

As for the other factors, Marino said the violations were modest. "What you have to understand," said Marino. "Is that if any reading on any day of the quarter is one-tenth of one percent over, the plant is considered to be noncompliant. It doesn't mean that the water is not safe."

This is how the severe violation that year played out. The plant is allowed a daily maximum of .3 mg/L settleable solids. Several days of heavy rain in January 2005 caused the maximum monthly result to come in at .8 mg/L. In February of the same year, the plant experienced another higher than normal reading of .5 mg/L of settleable solids.

According to Marino, settleable solids are materials suspended in water that will settle to the bottom over a period of time, filtering them. Most settleable solids do so within about an hour, he explained.

Radovanovic also asserted that the plant is running at near capacity, although village officials claim that there is room for growth.

"They act as though the plant was designed to take all of Saugerties. I don't think they're looking past their noses, quite frankly," said Radovanovic.

The plant is allowed a maximum capacity of 1.32 million gallons of water per day to be treated before being discharged into the Hudson River. In December 2008, Saugerties received 28.7 inches of rain and snow, and the wastewater department saw 1.05 million gallons per day pass through the facility. Marino says that the yearly average is much lower, though, usually around 800,000 gallons per day.

"We have some room for growth," said Marino. "I would like more, but there is some room there."

Marino says that the storm water separation project -- which will redirect three catch basins in the southern part of the village to empty into the Esopus Creek rather than transport storm water into the village's sewer system --will solve only a small percentage of the problem. The amount of water that passes through the plant after a heavy rain is due in large part to infiltration and inflow, often referred to as I&I.

I&I refers to water that infiltrates weaknesses in the sewer system's infrastructure. Much of this infrastructure, Marino says, is more than 100 years old and is constructed of clay tile pipes, which have developed cracks over time as the ground has shifted. Rainwater often finds its way into these cracks, causing excess water, uncontaminated water to pass through the plant. Upgrading the entire sewer system would be quite expensive, according to Marino, and the village is in the process of seeking grant monies in order to accomplish this without placing the burden on the taxpayers.

"Mr. Radovanovic has a valid point," said Marino. "We do have a system that is in need of maintenance."

"We will continue to find things to try to help it," said Murphy. "Overall, to accept growth we have to continue to do these little things."

Although the village wastewater treatment plant has never received a fine or penalty of any kind from either the DEC or the EPA, Radovanovic attributed this to the workload facing these agencies rather than a sign that the village wastewater plant is conforming to expectations.

"The reality is that these guys [at the EPA and DEC] are completely overwhelmed with the amount of work that they have. The pick the worst ones to go after," said Radovanovic.

The next meeting of the village board will be held on Monday, February 2, at 7 p.m. at the Village Hall.

Full article at UlsterPublishing: http://ulsterpublishing.com/index.cfm?fuseaction=article&articleID=474703

Bait and Switch

Residents question design of Partition Street Project -- by Heather Plonchak

David Radovanovic approached the Saugerties Village Board last Monday, and he was not happy.

Radovanovic, who lives on Dock Street, asserted that significant changes to the proposed 30-unit hotel and 400-seat convention center and restaurant have been made since it was first announced in 2007, noting that they came after the project received a $780,000 grant from the Empire State Development Corporation.

"The original proposal included retail space, a kayak launch, and public access to the creek," said Radovanovic. "It was actually a wonderful design. Then, all of a sudden, at the planning board meeting, there's a new plan, which is completely different. It's really kind of upsetting because the majority of the space is going to be used for parking."

Radovanovic also said that developers made it clear at the December meeting of the Village Planning Board that no public access to the lower Esopus Creek will be available on the site, though it was promised during the conceptual planning stages. He also cited the plan to level Nanny Goat Hill -- the historic and picturesque rocky outcropping on Dock Street opposite the site -- to create an overflow parking lot.

"I wanted this project to happen so that it would benefit the community," said Radovanovic. "I have an investment in this community and I don't want to be run over. It's a shame that folks like myself have to get all up in arms about this but, I'm afraid that there will be very little oversight if we don't look closely at this."

Radovanovic also raised environmental concerns, noting that the area surrounding the former Barclay's Dam falls within a Scenic Area of Statewide Significance, according to a report published by the New York Department of State in 1993. He said the project would violate many points within the waterfront advisory committee's policy book, including scenic quality policies.

Other environmental concerns include fish and wildlife disturbance in a recognized estuary. Reading from a publication by the DEP, Radovanovic said, "The Esopus Creek, entering the Hudson River, is a tributary for spawning habitat for herrings and over wintering areas for black bass species, just to name a few. It is determined that there are six wintering sites that are extremely important or critical to the maintenance of the Hudson River black bass stocks, including Esopus Creek."

He continued, asserting that, "The Partition Street Project will have an adverse affect on this recognized estuary and historically significant resource, if permitted as indicated in the current plans."

Radovanovic is also concerned with the amount of additional wastewater that will be generated from the facility, claiming that the plant is already processing more than it can handle. According to Radovanovic, reports from the DEC show the plant operating in a non-complaint stage during 11 of the 12 quarters in the past three years.

Rosemary Brackett reiterated Radovanovic's concerns over the loss of a scenic location, and stressed her own feelings about the proposed blasting of Nanny Goat Hill.

"Keep in mind that the people of the community do not want Nanny Goat Hill destroyed for the sake of a parking lot," said Brackett. "There is no going back; once it's destroyed, its gone forever."

Mayor Yerick was unavailable for comment, though he has previously stated that questions surrounding the project will be asked and that answers will be required during the public hearing phase. He has said the project may be modified to meet public concerns, although it is important for the local economy that the project comes to fruition. He has also stated that the water treatment plant has enough capacity to accommodate the development.

Sewer separation, wall restoration plans move forward

One plan to alleviate the workload of the wastewater plant may become a reality this spring. According to special assignments officer Alex Wade, the state has approved the anticipated storm water separation project and a call for bids will go out this week Work on this project will be done concurrently with the retaining wall stabilization in order to avoid multiple disruptions to the area of 9W and Valley Street.

Storm water separation involves the rerouting of storm water collection drains, to allow the rainwater to flow directly into the Esopus Creek. Currently, all storm water is transported to the Dock Street wastewater treatment plant, where it is combined and treated with sewer water before being released. This level of treatment isn't necessary, and leads to increased expenses for the plant due to wear and tear on the equipment. Though most of the village storm water system was separated 15 years ago, a portion under Route 9W stretching from just north of the Esopus Creek Bridge to the Dragon Inn has been repeated delayed due to the logistics of coordinating the project with the state DOT and other ongoing projects. (In the old days, when water wasn't treated, everything went down the same pipe and the village relied on heavy rains to clean out the pipes.)

Wade also reported that the village has received a set of semi-final working drawings for the proposed wall stabilization project along Church Street/9W. The DOT is awaiting comments from village officials before finalizing the plans. Anyone interested in viewing the drawings is welcome to contact Wade, who will act as an interpreter to translate the technical language on the drawings into layman's terms.

"The plans are quite complicated and a bit difficult to understand. I will do my best to explain the drawings to any concerned citizens," said Wade.

In other business

After a holiday reprieve from parking fees, the village installed new meters earlier this month. Hourly rates have increased from 10 to 50 cents, with new meters accepting only quarters. Fees for parking violations within the village of Saugerties have also increased, from the current five dollars per ticket to twenty dollars per ticket, and police are expected to step up enforcement policies. Parking meters must be used between 9 a.m. and 5 p.m., Monday thru Saturday, with Sundays and evenings remaining free.

The four trustees present at Monday's meeting unanimously voted to extend the contract for grant writer Victor Cornelius of Endeavors, Inc. The village will pay Cornelius a retainer fee of $6,000 and will compensate him at a rate of 3 percent of any grant monies received as a result of his efforts. According to village clerk Mary Frank, this compensation is standard; including in grants as an administrative fee.

Petitions are available for anyone wishing to run in the 2009 village election, to be held on March 18. Village candidates typically run in independent parties, such as the New Vision Party. Candidates wishing to continue this tradition must turn in their petitions to the village clerk no later than February 10. Should a candidate wish to run on a national party line, petitions must be filed by January 29. The difference in dates is attributed to policies governing national parties, which differ from the election guidelines set forth in village law. The position of mayor comes before voters this year, as do the seats currently held by trustees Michael Karashay, Suzanne LeBlanc and William Murphy.

The next meeting of the village board will be held on Monday, January 19 at village hall.

A closer look is needed

In regard to the Partition Street Project and its impact on the Saugerties Village Waste Treatment Plant, the adjoining wetlands, disturbance of plant, fish and wild life and public access.
DISTURBANCE OF FISH and WILDLIFE ESTUARY:

PDF DOWNLOAD “SIGNIFICANT HABITATS AND HABITAT COMPLEXES OF THE NEW YORK BIGHT WATERSHED”, the Esopus Creek entering the Hudson River is a tributary for spawning habitat for herrings and overwintering areas for black bass species, just to name a few. It is determined that there are six wintering sites that are extremely important or critical to the maintenance of the Hudson River black bass stocks including Esopus Creek. THE ENTIRE DOCUMENT PDF

Local fishermen and sportsmen have used the lower Esopus Creek (right below dam) for centuries as an important resource for their recreation and livelihood. The Partition Street Project will have an adverse affect on this recognized estuary and historically significant resource, if permitted as indicated in the current plans that have been submitted and expressed to Saugerties Village Board.

References: http://training.fws.gov/library/pubs5/web_link/text/upp_hud.htm and http://www.dec.ny.gov/lands/4920.html

SASS - IV. IMPACT ASSESSMENT: PDF DOWNLOAD

Please note that the referenced property is located at the (formerly known as) "Barclays Dam" and is within the "Scenic Areas of Statewide Significance" (published by the New York State Department of State, 1993) and therefore is subject to review. This was incorporated in the Saugerties Village's Waterfront Revitalization Plan originally drafted in 1985 and published as the village's Local Waterfront Revitalization Plan in 1986.

"Whether within or outside a designated SASS all proposed actions subject to review under federal and State coastal acts or a Local Waterfront Revitalization Program must be assessed to determine whether the action could affect a scenic resource and whether the action would be likely to impair the scenic beauty of the scenic resource."

I've included the section of the "ULSTER NORTH SCENIC AREA OF STATEWIDE SIGNIFICANCE" that can be found in its entirety at http://www.nyswaterfronts.com/waterfront_developed_SASS.asp for your convenience.

VILLAGE OF SAUGERTIES ADVISORY COMMITTEE POLICY BOOK:

It is noted in the Village of Saugerties Waterfront Advisory Committee’s Policy Book in 21A, 22A, and SCENIC QUALITY POLICIES that the Partition Street Project would violate its guidelines and policies. In fact, Policy 24 almost paraphrases the SASS report above: “Prevent Impairment of Scenic Resources of Statewide Significance as identified on coastal area map.” It goes on to list the inclusions which list many of the guidelines which the Partition Street Project would violate, if permitted to be built as described by its owners’ representatives at the planning board meeting that was held on Wednesday, December 10, 2008 @ 7:00PM.

PATTERN OF NON-COMPLIANCE at DOCK ST WASTEWATER PLANT
SPDES# NY-0031208: PDF DOWNLOAD

I'd would also like to reiterate my concerns about the repeated pattern of non-compliance indicated in DEC records. My reasearch dates back from January 2000 (the first two quarters of) , including 09/18/04, 03/28/05, 04/06/05, 10/25/05, 01/31/06, 02/03/06, 06/28/06.

EPA reports indicate that SAUGERTIES (V) DOCK STREET STP, PDF DOWNLOAD
FRS ID: 110006621021 has been in non compliance eleven (11) quarters in the last (3yrs) NPDES Effluent Charts: http://www.epa-echo.gov/cgi-bin/effluents.cgi?permit=NY0031208

These non compliance reports indicate a systemic problem with the plant operations and should compel your attention and further study before the Partition Street Project connection is permitted.