DEP Biweekly Reports Folder 0049, 2000-2001

NYC 9/11 Public Portal Document

Figure 2 Toyota Prins Hybrid-Electric Vehicle under consideration for purchase.

Emerging Issues

Shandaken Tunnel Litigation As previously reported, in March 2000, the Riverkeeper, along with several fishing groups, filed a Clean Water Act lawsuit against the City in federal court (Northern District of New York). The suit pertains to the operation of the 17 mile Shandaken Tunnel, which is owned by the City and conveys Catskill system water from the Schoharic Reservoir to the Esopus Creek. The water then flows down the Esopus to the Ashokan Reservoir, where it enters the Catskill Aqueduct for delivery to the City. Because of the geography and topography of the Schoharie Reservoir basin, the water entering the Shandaken Tunnel can at times be very turbid, especially after a heavy rain. When the Tunnel is open and this water is released into the Esopus Creek. it may result in turbidity within the Creek, which is used by recreational fishermen. A number of fishing groups have claimed (we believe without justification) that alleged releases of turbid water from the Tunnel have contributed to a decline in the fish population in the Esop•as, and damage to the local tourist trade. We assert that rather than causing problems, releases of water from the Tunnel play a vital role in preserving the health of the Esopus (Tunnel water is very cold, and is vital in the summer months to relieve stress on the fish in the Esopus).

Although we attended a series of meetings, over the course of a year, aimed to addressing the concerns of fishing groups and trying to find common ground on the issue of turbidity, those efforts stalled (largely due to the intransigence of the Riverkeeper), and this lawsuit ensued. In the lawsuit, the Riverkeeper claimed that the release of turbid water through the Tunnel, into the Esopus, is a point source discharge of a pollutant into the waters of the United States. The Riverkeeper argues that, as suob, the City must have a State SPDES permit before it can release water through the Tunnel and into the Fsopus. The suit seeks, among other things, an order forcing the City to apply for and obtain a SPDES permit, and to pay penalties. We are defending the lawsuit vigorously. The implications for the City and its water supply system are very serious.

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