NYC 9/11 Public Portal Document
DEP Fax:718-595-3557 Feb 16 2001 12:31 P.02
U.S.Department of Justice
United States Attorney
La-stern District ofNew York
One PranpantPl®
Ereaklyn, Nee rock 11201
HalingAddrau: 247P!r?'n rSwe,
Broddyrr, New Yak 11101
February 15, 2001
BY TE EF FEDERAL EXPRY.5,5.
Inge Van Eysden
Assistant corporation Counsel
New York City Law Department
100 Church Street
New York, New York 10007-2601
York v. City of
Re: United States and state of New
New York and New York City Department of
Environmental Protection, Civil Action No. CV-91-
2154 J
Dear Me. Van Eyaden:
As you know, February 8, 2001, the New York State Court
the construction of the
on
of Appeals issued a decision holding that
selected by the City,
water treatment facility at the site requires state
Mosholu Golf Course in Van Cortlandt Park, VI.A.14 of
legislative approval. In accordance with.Paragraph state
request
the Corsent Decree, the City was required to city Council by July
legislation and home Yule message rrom the
VI.A.15, the City was
31, 1999. in accordance with Paragraph 1, 2000. The
required to obtain state legislation by February approval. As we
City did not seek or obtain such legislative ou dated August
advl9od the City in our letter to Mo. Ka
andoy uada required
19, 1999, a determination that state leg h Cortlandt
construction of the water treatment facility at the Van and
Paragraphs VI.A.14
Park site renders the City in violation of stipulated
payment of
VI.A,15 of the Consent Decree and requires
penalties as set forth in the Consent Decree. This letter
penalties in
constitutes a demand for payment of stipulated
Decree.
accordance with Paragraph XII. of the consent
stipulated penalties for violation of Paragraph VI.A.14
Paragraph
began to accrue on 31, 1999. In accordance with
July
now due and owing
XII.fl.2 of the Consent Decreer the total amount stipulated
for violation of Paragraph VI.A.14 is
$2,650,000.
par day for
ponaltioa continue to accrue at the rato of 96,000
NYC-WTC 000137811
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