NYCDEP Seeks to Cut Permit at Port Jervis Wastewater Treatment Plant
This could result in forcing us to fix our leaky sewer pipes at a cost to the taxpayers of $ 35 million


Meeting with NYCDEP Regarding Their Active Pursuit of a Permit Reduction

On August 30th, 2010, I met with officials from the NYC Department of Environmental Protection (NYCDEP), the agency that owns and runs our sanitary sewer treatment plant, also known as the Port Jervis Wastewater Treatment Plant (PJWWTP).  For those of you that don't know, as a result of a Supreme Court decision in 1954, Port Jervis has, for  the last 56 years, had our sewage treatment provided by New York City. This is an unusual situation, as most communities that have sanitary sewers (that is, the sewers that your household toilets, sinks, showers, and so forth drain to) own their own sewer treatment plant. It is at the treatment plant that all the stuff flushed down the drains of homes and businesses in Port Jervis is treated, and the treated wastewater then released into the Neversink River. Sanitary sewers are not to be confused with storm sewers that just pick up rainwater from city streets and carry it to local streams.

Me, the mayor, and the entire City Council were told back in February that NYCDEP was actively considering a permit reduction for the discharge permit from the PJWWTP. I have been following up on this ever since, and this meeting was my final confirmation of NYCDEP's intentions.

Two items of particular concern came to light during this meeting:

•The first item that was discussed was the fact that the NYCDEP, which not only owns the PJWWTP, but also is the permit holder for its allowed discharge, is actively seeking to see this permit cut in half. The permit currently allows for 2.5 million gallons per day of treated wastewater to go into the Neversink River. NYCDEP wants to cut that to as little as 1.5 MGD-- a cost saving measure for the remaining plant upgrade they are undertaking

•The EPA is proposing that sewer collection systems such as ours obtain their own permit, similar to that held by the treatment plant.

Both of these issues are problematic for one particular reason—our sewer lines are ancient, and they experience what is known as inflow and infiltration (I/I). What happens is when groundwater is high (like in the spring and fall) or we have extended periods of heavy rain, these sewer pipes take in large amounts of this water, in addition to the raw sewage that the pipes normally carry. All of this goes to the PJWWTP. When the flow is very heavy (in excess of the 2.5 MGD the plant is designed for, and sometimes as high as 5.0 MGD) the flow is simply bypassed to the Neversink River, rainwater, groundwater and raw sewage together.

There are two possible outcomes, based on this I/I problem, and what I learned from my visit with the NYCDEP.

•With permit cut in half, our 2.5 MGD + to 5 MGD raw sewage-groundwater mix that  bypasses the plant into the river will, on average, cause violations of the permitted discharge amount of the 1.5 MGD proposed by NYCDEP, which will result in fines, and a consent order to fix our pipes—at a cost to the taxpayers of Port Jervis of $35 million.

•The EPA, through the New York State Department of Environmental Conservation (NYSDEC) will require us to hold a permit for our sewer pipe collection system, which will likewise force us to fix our sewer pipes. In either case, these repairs will have to be done.

Previous Negotiations foundered under Mayor Lopriore

Seven years ago,  a proposal for Port Jervis to take over the WWTP was being negotiated with NYCDEP, but with the administration change in 2004, negotiations floundered, and went nowhere. At that time, the PJWWTP was permitted for 5.0 MGD. I warned Port Jervis at that time that NYCDEP was actively pursuing a permit reduction from 5 MGD to 2.5 MGD. I was correct in that prediction and that came to pass in 2007. Now they seek to do the same thing again. I am very concerned that they will be successful again, hobbling Port Jervis with a $35 million bill, and the inability to grow, since a reduced permit means no new, large businesses.

There is an upside to this.

•If Port Jervis takes over the plant, at completion, we gain ownership of a modern WWTP permitted at 2.5 MGD, which at current market prices, is valued at about of about $60 million. This allows us to have complete control over what kinds of businesses we bring in here which we do not now since NYC can tell us what exactly what kinds of waste they will or will not treat.

•As part of the buyout from the Supreme Court decision, we should negotiate with NYC to give us money to fix our collection system—avoiding loans that will takes decades to repay and cost taxpayers millions, and avoiding a sewer tax otherwise necessary to pay for these repairs.

•Owning the plant allows us to let outside users like the Town of Deerpark or Matamoras to connect to our system, for which we can charge up to $1 per gallon of their waste that we treat. With our collection system repaired, we could realize a potential revenue of up to $ 1 million per year. This money could allow for other amenities such as a paid fire department, new sidewalks, repairs to other infrastructure items like our water plant, and so on. This also allows us to avoid any sewer tax altogether.


Decisive Action Required or it will Cost Us Millions

As you watch the debate at the DPW Committee meeting of September 20th, 2010 on this issue, at the link above, understand that this issue has been well-know to all of those involved in city government for many years. They have had years to address this. Had plans to repair these sewers been completed years ago, as they should have been, we could have gotten economic stimulus funding (as Monticello just received for its sewers, to the tune of over $ 14 million). Instead, they expect the cost to be borne by YOU—the taxpayers of Port Jervis. The price tag on this—estimated at $ 20 million in 2003 (I know—I prepared the estimate), has almost doubled, to $ 35 million. The inaction of your city government on this has already cost you $ 15 million.

Further inaction will cost you many millions. And the loss of potential revenues of as much as $1 million per year deprives us of millions more.

The grandfathers of those in city government today once took on a mighty giant called New York City and won. They did not shrink from a fight, nor leave the burden of treating sewage on the next generation. Their decisive action in 1954 has saved each of us many millions in the 56 years since.

This government and this administration should learn from those who came before them. A failure to act now is a failure for all of us, in dollars from our pockets, in lost revenues for city services, and in the loss of economic opportunity for not only Port Jervis, but for Deerpark as well. I will continue in this fight, regardless of whose toes are stepped on, or those who feel that I have overstepped my bounds. My only obligation is to you—the constituency who has to pay for all this. I will not idly stand by and see you taxes raised to cover for the inaction of you government, or its stubborn refusal to act at all to avert this pending crisis.


HAPPENINGS

UPDATE:
This was discussed at the DPW Committee meeting of October 20th. Mr. Lopez, the DPW Director contacted Paul Rush, Deputy Director for NYCDEP. New York City would be willing to work with us on this issue (see below, and the video), but only if we take the first step to start the process.

Mr. Lopez confirmed what no one wanted to accept until I took the steps to get at the truth of the matter--NYCDEP is actively pursuing a permit reduction to cut the costs of the wastewater treatment plant upgrades. Refer to the article below for the potential impacts on the future of Port Jervis, and our taxes.
Wortmann comments at Council  Meeting on February 14 on the Sewer Plant Issue