Back in August, we reported on the Central Hudson Gas & Electric Corporation Training Center and “Gas Village”, a new construction in the Town of Ulster. With a speedy environmental review process, the Town of Ulster Town Board determined that the project would have no significant adverse environmental impacts.
Construction on the site destroyed nearly 30 acres of forest located in the Lower Esopus Creek watershed. Complaints about stormwater, erosion and turbidity started to roll into the New York State Department of Environmental Conservation (NYSDEC) and on October 29th, a notice of violation (NOV) was issued for the projects State Pollutant Discharge Elimination System (SPDES) Permit for stormwater discharges caused by construction activity. On that very same day, another NOV was issued for another contentious local project known as “850 Route 28” also for stormwater pollution.
In the case of Central Hudson, the state wrote that, “At the time of the inspection, the water quality in the wetland was indicative of pollution from discharges from stormwater runoff related to construction activities. This is a violation of Article 17 of ECL. Please be advised that violations of the ECL are subject to penalties of up to $37,500 per day per violation.”
A final determination on enforcement is not yet known, though we are all pleased by the DEC’s initial action.
What is a State Pollutant Discharge Elimination System (SPDES) Permit?
On the NYSDEC’s website, it says that ‘”New York is rich in surface and groundwater resources”, it says on the . “Article 17 of the Environmental Conservation Law (ECL) entitled “Water Pollution Control” was enacted to protect and maintain these valuable resources. Article 17 authorized creation of the State Pollutant Discharge Elimination System (SPDES) program to maintain New York’s waters with reasonable standards of purity.
The SPDES program is designed to eliminate the pollution of New York waters and to maintain the highest quality of water possible– consistent with public health, public enjoyment of the resource, protection and propagation of fish and wildlife and industrial development in the state.
New York’s SPDES program has been approved by the United States Environmental Protection Agency for the control of surface wastewater and stormwater discharges in accordance with the Clean Water Act. However, the SPDES program is broader in scope than that required by the Clean Water Act as it controls point source discharges to groundwaters as well as surface waters”.
VIEW Central Hudson “Gas Village” training facility in Town of Ulster Destroys 28 Acres of Forest (KingstonCitizens.org)