DEP Biweekly Reports Folder 0049, 2000-2001

NYC 9/11 Public Portal Document

Westchester County Sewage Diversion After a protracted series of discussions, we believe we have reached a conceptual agreement with Westchester County on a project to divert sewage being discharged into the watershed from three wastewater treatment plants: Yorktown Heights, Riverwoods and Random Farms. The project would entail decommissioning the three plants, collecting the sewage now being treated there, and transmitting the sewage to the County-owned sewage treatment plant at Peekskill and the municipally-owned sewage treatment plant at Yonkers for discharge into the Hudson River. The project would also pick up sewage now being treated by septic systems at two developments: Yeshiva Farm Settlement and Stanwood. The project, if implemented, could produce significant water quality benefits for the City. The Yorktown Heights plant alone, with a permitted discharge of 1.5 million gallons per day, is the single largest sewage treatment plant now discharging into the watershed, and it is a facility with serious recurring problems (it is plagued with infiltration and inflow problems, and the treatment train often fails to perform properly when there is a heavy rain event). In addition, the City would be relieved of what could be long-term obligations to fund certain operation and maintenance (O&M) costs at some of the diverted facilities. The City will contribute certain capital dollars towards the project, under the terms of the Watershed MOA. The City will also share in funding the capital cost "gap" with Westchester County (that is, the gap between the estimated total cost of the project, and the amount the City is required to contribute under the MOA). Finally, the City will make certain defined contributions towards the O&M of the project facilities, for a defined period of years. A term sheet is being reared to ensure that both parties have a similar understanding of the con5ëptua1 agreement. K~ D om. 7'b S EA Ferry Point Park Litigation D On Friday November 17, DEP was served with papers in a newly filed lawsuit involving the City's plans to develop a portion of Ferry Point Park in the Bronx as a golf course. The lawsuit is an Article 78 proceeding, brought in State Supreme Court, New York County. The petitioners include a local community group (Throggs Neck Resident Council); an environmental justice organization (New York City Environmental Justice Alliance); a "good government" group (NYPIRG); a model airplane club which flies model planes at Ferry Point Park (Blue Angels Radio Controlled Model Airplane Club); and several individuals. The respondents include State DEC Commissioner John Cahill, City Commissioners Henry Stem (Parks), Kevin Farrell (Sanitation) myself (DEP) and Ferry Point Partners LLC, the developer proposing to build and operate the golf course. In summary, the Petition attacks a Part 360 solid waste permit issued by DEC in furtherance of the project, a Negative Declaration for the project issued by the Parks Department under the State Environmental Quality review Act (SEQRA), and a license agreement negotiated between the Parks Department and the developer. The petitioners seek an order annulling and vacating the DEC permit, the Negative Declaration and the license agreement, arguing (among other things) that DEC and the Parks Department failed to analyze and address potentially significant environmental impacts on area residents, wildlife, the East River and other natural resources resulting from the disturbance and development of what was formerly a municipal landfill. Although this is not a DEP project, DEP did consult with Parks on its environmental review of the proposed golf course development (DEP often serves as a consultant on environmental reviews conducted by other agencies). The Law Department will handle defense of the litigation and DEP will assist as appropriate.

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NYC-WTC 000137930