SPRING 2006

Looking Back, Forging Ahead Riverkeeper Celebrates 40 Years Board of Directors DEAR FRIENDS OF RIVERKEEPER, George Hornig, Chair 2006 marks 40 years since a group of blue-collar men and women Robert F. Kennedy, Jr., Vice Chair Dr. Howard A. Rubin, Treasurer gathered in Crotonville and launched what was to become one of the Peggy Cullen, Secretary Richard R. Knabel, Executive Committee most effective models of environmental advocacy in the history of the John McEnroe, Executive Committee John Abplanalp movement. In leading the fight to reclaim the storied Hudson, Riverkeeper Doni Belau Lorraine Bracco has inspired the addition of 154 other “waterkeepers” patrolling their Ann Colley Hamilton Fish local rivers, lakes and coasts across the globe. Robert Gabrielson Anne Hearst Here at home, Riverkeeper is going strong, waging epic battles against Karen Kelly Klopp Alex Matthiessen giants like Entergy, GE and ExxonMobil who share a common strategy Dennis Rivera of spending more money trying to deceive the public than on redressing Seymour Schwartz Ronald A. DeSilva, Emeritus their assaults on the environment. We’re tackling dozens of other cases where more modest polluters Arthur Glowka, Emeritus Henry Lewis Kingsley, Emeritus are taking a serious collective toll on our environment and health. Recently, we learned that as much Staff as 36% of private drinking water wells in Putnam, Dutchess, and Columbia counties are contaminated ALEX MATTHIESSEN Hudson Riverkeeper with pollutants that exceed EPA federal standards! & President In this issue, we highlight some of the work we’re doing to protect our drinking water supply – ROBERT F. KENNEDY, JR. Chief Prosecuting Attorney in this case not by confronting polluters, but by working with legislators, municipalities, community DARCY CASTELEIRO Indian Point Associate groups, and even developers to try to promote positive approaches to protecting water quality. This is ALLISON CHAMBERLAIN a natural consequence of our partnerships with citizen activists who in many instances have been Development Assistant

GWENDOLYN CHAMBERS blazing the trail in addressing local threats to the watershed. Membership Communications Officer Riverkeeper is gearing up for the brewing regional debate over the future of the Tappan Zee Bridge. TARA D’ANDREA Grants Officer We recently announced our support for rehabilitating the existing bridge as opposed to replacing the MARIANNE GARDINER Director of Development current 7-lane structure with a 12-lane behemoth that would destroy striped bass and short-nosed LEILA GOLDMARK sturgeon habitat, exacerbate air quality problems, induce rampant sprawl in the Valley, and create Staff Attorney

ROBERT GOLDSTEIN traffic jams from Suffern to New York City. To shuttle commuters to New York City from points west Senior Attorney/ Hudson River Program Director of the River, we support the Hudson River tunnel project which would allow a one-seat ride for ROSE MARIE GRANDE Orange and Rockland county residents. We are identifying proponents of the “bridge rehab” Administrative Assistant

JOHN LIPSCOMB alternative and organizing a coalition to push aggressively for it. Boat Captain On the Indian Point front, there is a great deal of positive news. Entergy, the plant’s owner and STELLA LIROSI Operations Manager operator, has joined the foul ranks of a number of U.S. nuclear companies who have known about – PHILLIP MUSEGAAS Indian Point Policy Analyst and tried to hide – the discovery of tritiated (radioactive) water leaking from their aging spent fuel MARY BETH POSTMAN storage systems. In this case, tritium and the more dangerous Strontium 90 are leaking into the site’s Executive Assistant to Robert F. Kennedy, Jr. groundwater and into the Hudson, sparking ever more outrage from local elected officials. LISA RAINWATER VAN SUNTUM Indian Point Campaign Director We are pleased to report that, as of this writing, Senator Clinton and U.S. Representatives Maurice LAURA SEDLAK Hinchey and Sue Kelly are leading a bi-partisan effort to secure a commitment from the Nuclear Assistant to the President

BASIL SEGGOS Regulatory Commission to conduct an independent comprehensive review of Indian Point’s safety Chief Investigator systems and emergency plans. A similar review, known as an Independent Safety Assessment (ISA), led VICTOR TAFUR Staff Attorney to the shutdown of the Maine Yankee plant in 1996. Whatever one’s views about Indian Point’s ulti- TERESA WALSH Events Coordinator mate fate, there is universal agreement that we should have a clear idea of the plant’s actual condition BILL WEGNER before the NRC considers whether it makes sense to grant the facility a license to operate for another Watershed Analyst

SABRINA WELLS 20 years. A truly honest look can only lead to Indian Point’s early retirement. Watchdog Program Coordinator We close this issue with a week-in-the-life of Riverkeeper’s intrepid boat captain, John Lipscomb CHRISTOPHER M. WILDE Staff Attorney/Watershed Program Director and a profile of Riverkeeper’s Unsung Hero, an anonymous EPA staffer who blew the whistle on the EPA’s collusion with General Electric to try to avoid a comprehensive PCB cleanup. We are especially ® proud to tell her/his story for we all know that without the courage of whistleblowers the republic KIM BARRON Graphic Designer may have gone down in flames long ago.

© RIVERKEEPER 2006. READERS’ LETTERS & COMMENTS WELCOME. As always, I am grateful and indebted to you, our members, who sustain us . RIVERKEEPER IS A REGISTERED TRADEMARK AND SERVICE MARK OF RIVERKEEPER, INC. ALL RIGHTS RESERVED. — Alex Matthiessen, Hudson Riverkeeper & President

PRINTED ON RECYCLED PAPER, NATURALLY Riverkeeper is the official publication of Riverkeeper, Inc., an independent, member-supported environmental organization. Founded in 1966 by fishermen and community members to confront polluters for control of the Hudson River, Riverkeeper has investigated and successfully prosecuted more than 300 environmental lawbreakers and has guided the establishment of 153 Waterkeeper programs across the nation and beyond. Riverkeeper is a registered trademark and service mark of Riverkeeper, Inc. All rights reserved. 2 Letter from The Hudson Riverkeeper. 4 > Watershed News. Proactive Policy Leads Source Water Protection. Watershed Development Projects Update. Expanding the New York City Watershed Leaf Pack Network. < 9 Looking Back, Forging Ahead. Robert F. Kennedy, Jr. recounts our beginnings and interviews Hudson Riverkeeper Alex Matthiessen about our future. 15 < Watchdog Program. Get on Board. E 17 Indian Point Features. E Radioactive Leak Mystery Continues. New Emergency Sirens by January 2007. Wind Energy. Remembering Chornobyl. Grassroots Activism. Federal Indian Point Legislation. F 25 Currents. Patrol Boat Log: December Patrol. > Hotline Calls. 28 The Docket. 29 A Bridge to Nowhere. > 30 Member News. F 31 Unsung Hero. < 4 efforts toprotect W e ok City’sNew York is anupdateof ater water supply. Riverkeeper’s shed ne

ws watershed news to protectourwatersupplies. paigns thatuseproactivepolicy examples ofRiverkeepercam- lighted belowarejustafew stor kidneys, filteringpollutantsfrom W Str problem wecan’t ignore. pollution pr working or environmental business owners, regional officials,town planners, and educationtolocal ships, andincr atively, craftingnewpartner- source. We are workingcre- drinking watersuppliesattheir pr will achievesystemic,long-term gy onproactiveprogramsthat we arefocusingincreasingener- hitting lawsuitswhennecessary, Team willalwaysbringhard- watershed. WhiletheWatershed River andtheNewYork City litigation toprotecttheHudson and winningprecedent-setting enforcer ofenvironmentallaws reputation onbeingastrong Riverkeeper hasbuiltits work towar ing voluntarycommitmentsto tion andr objectives, fr used toachievedif r is neededtoachievethebest Often, acombinationoftools federal, stateand locallevel. wetland protection lawsonthe paign isfocused onstrengthening plies. Riverkeeper’s wetlandcam- reach downstreamwatersup- At It’s Source Proactive PoliciesProtectWater esults. Thecampaignshigh etlands functionasnatur oactive ganizations, andcitizens.By otection ofNYCwatershed A engthening Wetland Laws engthening Wetland mwater r variety oftoolscanbe B Y together toimplement befor L policies wecanpr egulations toobtain- E ILA ds shar unof om passinglegisla- e easing outreach G it becomesa f O LDMARK befor ferent policy ed goals. e they e’s event - water resources andqualityof and mostcomplex threatsto growth –isone ofthelargest sumption outpacespopulation infrastructure, wherelandcon- downtown ar rural landscapesoutsideof subdivisions builtinfor strip mallsandcookie-cutter development characterizedby haphazard, auto-oriented tifaceted solutions.Sprawl– more complexandrequiremul- issues, butmanyproblemsare priate solutionforspecific Legislation maybetheappro- Solutions to Sprawl Cr ation Actgainssuppor Clean Water AuthorityRestor- action intheSenate.Thefederal the StateAssemblybutawaits Prevention Acthaspassedin Clean Water Protection/Flood For thethirdyear, NewYork’s considered inseveralmore. expansions currentlyarebeing municipalities, andsimilar in severalEast-of-Hudson nances havemetwithsuccess buffer widthsinlocalordi- grassr T sors, andpersistentlobbying. legislation, enlistingbillspon- paign involvesdraftingstrong for passage. but lacksthenumbersneeded from NewYork representatives), Congr T spr the over coverage –mustdemonstrate demonstrations, andmedia ing letterwriting,petitions, o enacious effortswillpayoff. Efforts toexpandwetland Efforts A af ead supportofthepublic. move legislators,strategic ting Community complex legislativecam- oots campaigns–includ ess (withstr whelming andwide- eas withexisting ong suppor t merly in t - diverse communities canbe address thespecific needsof so thatcooperative goalsthat ducting roundtablediscussions out toallstakeholders,con- of ther uted morethan1,200copies and businessgr to townboar gave numer tively impactourlives.We the growingthreatsthatnega- they needtobetterunderstand with thedataandr decisionmakers andar educate thepublicandlocal sheet style,ouraimwasto of Sprawl Economic andSocialImpacts V Pave It?...OrSaveIt? sprawl. Lastyear, wepublished ing thevarietyofimpacts education campaignhighlight ing criticalnaturalresources. local economieswhileprotect- enhances communitiesand of planningandgrowththat promote andinvitethetype the watershed.We wantto the developmentparadigmin achieve alarge-scaleshiftin arching solutiontosprawlis Hudson Valley. ourover- Here, watershed andthroughoutthe life intheEast-of-Hudson r ties togrowsustainablyand that willenableourcommuni ahead, craftingspecificpolicies watershed. development paradigminthe crete solutionstochangethe to inspirecollaborative,con- community dialogueneeded site. Theseeffortsopenedthe it freelyaccessibleonourweb- esponsibly olume 1:TheEnvironmental, Our firststepinvolvedan This year, weare moving epor . Designed inafact- . ous presentations t W ds, localresidents on CD,andmade e oups, distrib- ar e efer reaching m ences them - - identified, designed and imple- Reducing Road Salt road salt on aquatic ecosystems, resulting reduction in salt use mented. Some solutions, like Many sources of watershed drinking water supplies, and and maintenance costs. ensuring specific resource pollution remain unregulated local infrastructure. We distrib- Of course, the driving public protections or allowing more yet pose no less a threat to uted recent studies document- has a critical role, as well. creative mixed-use develop- water quality and public ing the serious problem of salt Drivers must understand the ment, can be achieved by health. One example is salt, accumulation in surface and need for reduced salting in amending local environmental which is routinely and exces- groundwater supplies, and environmentally sensitive areas, ordinances and zoning codes; sively applied to roads for win- information promoting the use allow for a road policy that some, like developing effective ter maintenance. While ground of more environmentally reaches “black road” condi- transit systems, may require and surfacewater standards benign technological and chem- tions later in the storm cycle, policy changes at the state and exist for sodium and chlorides, ical alternatives for winter road and drive reasonably and federal level; and others will no law or regulation governs maintenance to all East-of- responsibly in storm conditions. require not legislation, but cre- the amount of salt that can be Hudson county and municipal To learn more about our ative ideas and voluntary pro- dumped on our roads. Thus, highway superintendents. We other proactive policy cam- grams empowering people to Riverkeeper’s campaign seeks have participated in panel dis- paigns and learn how you can turn the places they live and voluntary measures that will cussions, looked for opportuni- get involved, visit the NYC work into vibrant, clean, and safely reduce use of road salt. ties to work with public works Watershed website at http:// healthy communities with indi- For several years, we have associations, and are setting up riverkeeper.org/campaign.php/ vidual character and a strong been educating highway partnerships with local commu- watershed. I sense of place. departments and the general nities to pilot test alternative public about the impacts of methods and to document

WATERSHED DEVELOPMENT PROJECTS UPDATE BY CHRISTOPHER WILDE

The Watershed Team continues to work on a number of intensive sprawl development projects in addition to the Belleayre Resort, including:

Meadows at Deans Corners proposal for 303 townhouses on 113 acres in the Town of Kent Riverkeeper continues its long-standing effort on the Meadows at was revived after years of dormancy, as the last EIS was finalized Deans Corners project, a proposed 104-lot subdivision in Southeast. almost 20 years ago. We have also pushed for DEP to become a We were disappointed that Putnam County inexplicably reversed much more active participant in the review process. Kent Manor is its earlier denial of an application by the developer to conduct currently one of three projects in DEP’s Phosphorus Offset Program, work on/around County Road 55, which bisects the 309-acre which allows the project to utilize a wastewater treatment plant project site. This decision was in contravention of the County’s with surface, rather than subsurface discharge, provided it removes standing policy against permitting such activity, which is well- phosphorus elsewhere in the area at a 3:1 ratio to that amount founded on concerns over laying sewage and water pipes under discharged by the plant. Because of this unique situation, we are their roads. We remain concerned over the potential impacts of pleased our advocacy efforts on both fronts have paid off. We work in this area, and will remain vigilant if and when construc- will continue to be actively involved in the review process moving tion begins. On the litigation front, we await a ruling from the forward. Appellate Division following oral arguments last fall. We are appealing the State Supreme Court’s decision that the Southeast Patterson Crossing Planning Board had complied with SEQRA by taking the requisite We will be significantly ramping up our efforts regarding the ‘hard look’ at changed circumstances and new information in Patterson Crossing project on a site straddling the towns of Kent determining no supplemental environmental impact statement and Patterson. Numerous variations of this project have been pro- was necessary for this project. posed over the years, but as currently envisioned is a massive half million square foot big box retail center with some 2,000 parking Kent Manor spaces. Earlier last year we submitted extensive comments on the We were bolstered earlier this year by New York City DEP’s scoping document for this project, which acts as the blueprint for decision to step in as lead agency for this project and demand a the SEQRA review that follows. As the Draft EIS is released, we supplemental EIS be prepared prior to further review or approval. will dedicate extensive energy to addressing the multitude of

Riverkeeper has been strongly advocating for an SEIS since this potential impacts posed by such a project. I

5 s w e

n Expanding the New York City Watershed d e h s

r Leaf Pack Network e t a w BY BILL WEGNER activities; (2) raise awareness New York City watershed. expanding the program to n 2000, Riverkeeper, the of the importance of stream- Riverkeeper also partnered with involve New York City water IStroud Water Research side forests to the ecology of a Kodak-sponsored Seeing consumers by bringing City Center (Stroud), and Hudson rivers and streams and to pro- Necessary Alternatives school groups into the New Basin River Watch partnered mote their stewardship; (3) Photographically (SNAP) pro- York City watershed to sample to implement the New York develop a diverse and dynamic gram, which provides cameras with Leaf Packs at environ- City Watershed Leaf Pack network of groups that share and film processing for stu- mental education camps such Network, a program developed information about their streams dents to document their Leaf as Teatown Lake Reservation by Stroud to harness kids’ fas- using the Internet; and (4) use Pack Experiments. In addition in Yorktown, Clearpool Edu- cination with bugs in order to the Leaf Pack Experiment kit to providing display boards cation Center in the Town of measure water quality in the and other teaching resources to featuring student photos, Kent, and the Catskill Center New York City Drinking improve science education and which we use to showcase the in Arkville, Delaware County. Water Supply Watershed. In teacher professional develop- Leaf Pack Network on web- Our plans also include the fall and/or spring, school stu- ment. Teachers in the New sites and at water quality-related development of a Stream Day dents place plastic mesh bags York City watershed receive events such as Riverkeeper’s exhibit in New York City, of leaves in streams. After two free training and Leaf Pack annual Shad Festival, SNAP is which will showcase the Leaf to three weeks, aquatic insect Experiment kits, which include currently featuring the Leaf Pack Network for City school larvae (macroinvertebrates) all of the sampling equipment Pack Network in a nationwide students and water consumers. colonize the leaf packs as a and identification materials for series of traveling exhibits. Other events include East- food source. Students then their school classes. With funding for the pro- and West-of-Hudson student retrieve the leaf packs and sort Now in its sixth year, the gram secured through 2010 watershed congresses—all-day and identify the macroinverte- Leaf Pack Network has some with a Safe Drinking Water Act festivals the goal of which is brates, each species of which 40 school classes and volunteer grant, the Leaf Pack Network to highlight watershed school has been assigned a pollution groups sampling streams in the partners are now focused on Leaf Pack projects and to tolerance index that reflects its make connections between sensitivity or tolerance to the efforts to protect the water water pollution. By monitoring sources and the social, eco- the richness and diversity of Mahopac High School conducting a nomic and environmental the species that colonize the Leaf Pack Experiment well being of the watershed leaf packs, students are able communities. to generate a biotic index of Another outreach project we stream health. The schools are planning for 2007 is the then post their data on New York Watershed Expedition Stroud’s website to share data —an expedition by land, water, and compare the health of bike and rail that will follow their streams with other water- the drinking water from water- shed streams (http://www. shed sources to the end con- stroudcenter.org/lpn/index.htm). sumers. This extended trip will Beyond the obvious educational pair students from New York benefits, the database is com- City with students from the plementary for assessing the Catskills, and chaperones will regional health of streams and include a Stroud scientist, a their watersheds. leader experienced in leading The goals of the Leaf Pack student hiking and camping Network are to (1) promote trips, a back country cook and student inquiry by using others. To maximize the over- scientific methods involving all experience for the partici- observational and explanatory pants, we will seek students

6 Riverkeeper Salutes Longtime Watershed Team Leader Marc Yaggi

By Alex Matthiessen shed protection and an inspir- a terrific team. It is from that In September, Riverkeeper ing leader to all those who team that I tapped Chris said farewell to Marc Yaggi, worked with him – both here in Wilde, a watershed staff attor- the longtime director of our the office and out in the field. ney at Riverkeeper for the last watershed program. After six Marc’s energy and focus helped three years, to take over years of outstanding leader- build the Watershed Program where Marc left off. Like Marc, ship, Marc has moved on to a into a central part of the Chris has developed excellent By monitoring the senior position at Waterkeeper Riverkeeper mission and a relationships with our com- richness and diversity Alliance, the umbrella organi- model for watershed protection munity partners and well of the species that zation for the network of around the nation. Marc’s sig- understands the importance colonize the leaf packs, waterkeeper programs world- nature achievements include of developing more systemic, students are able to wide that Riverkeeper co- attaining enhanced stormwater long-term strategies to address generate a biotic index of stream health. founded in 1999. regulations for the East-of- sprawl development and In his new role as Director Hudson system; helping craft other activities that degrade of Waterkeeper Support, Marc creative alternatives to tradi- water quality and our quality who have different interests, is working to connect and tional road construction; pre- of life. expertise and backgrounds. support the 160 (and growing) venting placement of septics on While Riverkeeper remains Each student will keep a per- waterkeeper programs around steep slopes; preparing a series committed to our role as the sonal journal, and each will the world. While we were of seminal critical reports on watershed’s leading law be a member of a team that sad to lose such a valuable the DEP’s watershed manage- enforcer and will continue to chronicles water and watershed member of our staff, we are ment practices; and creating a fight the most threatening issues. They will collectively be pleased Marc is remaining a strong coalition of community projects as they arise, we also telling the story of New York part of the waterkeeper family partners who are critical to our plan to enlist the help of local City’s drinking water, the in an office down the road efforts to fight off misguided activists and enlightened places from which and we can continue to draw development projects and pass elected officials and develop- it comes and the lives of the on his considerable institution- more environmentally protec- ers to help enact stronger communities through which al knowledge and expertise. tive local legislation. local ordinances and create it flows as it moves from During his time at One of his greatest accom- appropriate financial incen- mountaintop to tap. Riverkeeper, Marc became a plishments and most enduring tives that together will foster

The Leaf Pack Network leading authority on water- legacies was assembling more sustainable growth. I brings a real-world connection to students and their water- sheds, fosters a sense of owner- ship and responsibility for BELLEAYRE RESORT UPDATE BY CHRISTOPHER WILDE water resources, and provides information to citizens interested iverkeeper and members of our coalition achieved a huge victory in early September when the in local environmental quality RDEC Administrative Law Judge (ALJ) issued a ruling determining that 12 issues related to this as well as to organizations massive resort proposal require further inquiry in an adjudicatory hearing, an administrative seeking information on water trial-type setting to assess the potential impacts. As currently designed, the 573-acre resort project quality. Ultimately, we hope proposes two hotels, two 18-hole golf courses, multiple detached lodging units and two sewage our efforts will serve as a treatment plants to be built on slopes flanking the Belleayre ski resort, in the heart of the Catskill model that can be applied Mountains. The ALJ’s ruling follows a lengthy issues conference, where we presented experts to across the country in many highlight the various deficiencies found in the projects Draft EIS. Earlier this year we defended that different watersheds. For more ruling by preparing an extensive reply to the developer’s appeal of all the issues the ALJ held over information on the New York for adjudication, and await the DEC ruling on the appeal. City Watershed Leaf Pack Riverkeeper and the rest of the Catskill Preservation Coalition has also worked extensively to Network, visit our website build support for an alternative to the project, which was proposed by U.S. Rep. Maurice Hinchey. at http://riverkeeper.org/ Congressman Hinchey’s alternative would include a much smaller and more appropriate develop- campaign.php/watershed ment project on the western side of the project site, while permanently protecting the more sensitive

/we_are_doing/158. I eastern portion entirely.

7 What We Do and How You Can Help

Founded in 1966 by fishermen and community Ways to Contribute Charitable Estate Planning members to confront polluters for control of By joining Riverkeeper you become part of a If you wish to ensure the protection of the the Hudson River, Riverkeeper has investigat- community of people fighting to protect the Hudson for future generations, consider ed and successfully prosecuted more than Hudson River from pollution and harmful remembering Riverkeeper in your will. The three hundred environmental lawbreakers and development. Membership benefits are proper designation is: is credited with having led the battle to offered at many levels. All Blue Crab restore the Hudson River and to save New (under $100) receive our newsletter and a “To Riverkeeper, Inc., a not-for-profit, tax York City’s drinking water supply. Today, the Riverkeeper decal. Striped Bass members exempt organization incorporated by the laws Hudson River is the only major estuary on the ($100-$249) also receive a Riverkeeper cap. of the state of New York in 1983, having as its Atlantic coast of the United States that still American Shad members ($250-$499) receive address 828 South Broadway, Tarrytown, New retains spawning stocks of all its native fish invitations to special member events and a York 10591-6602. I hereby give and bequeath species. Riverkeeper has helped to establish Riverkeeper tote bag. Atlantic Sturgeon mem- ______to be used for Riverkeeper’s globally recognized standards for waterway bers ($500-$999) receive name recognition in general purposes.” and watershed protection and serves as the Riverkeeper semi-annual journal and a model and mentor for the growing Riverkeeper fleece vest. Hudson River For additional information about planned giv- Waterkeeper movement that includes more Stewards ($1,000+) receive a special invitation ing opportunities, please contact Riverkeeper’s than 140 Keeper programs across the country. to take a boat trip with the Riverkeeper, Alex Director of Development, Marianne Gardiner, Please visit our website at www.riverkeeper.org. Matthiessen, on the Riverkeeper vessel. at 914-478-4501, ext. 238.

How We Operate When making cash contributions, check to see How to Join if your company matches charitable contribu- Through citizen complaints and our own To join Riverkeeper, simply fill out the form tions by employees. It could double your gift investigations, we root out polluters and other below and mail it along with your contribution to Riverkeeper. For more information about threats to the Hudson and New York City to: Riverkeeper, 828 South Broadway, contributing to Riverkeeper, please contact watershed. We rely on Pace University Law Tarrytown, NY 10591-6602. Please check the Allison Chamberlain in the Development School’s Environmental Litigation Clinic to appropriate box and fill in the amount below Office at 914-478-4501, ext. 232. help bring them to justice. With Robert F. or log on to our website at www.riverkeeper.org. Kennedy, Jr. and Karl S. Coplan at the helm, 10 students work as attorneys each semester Gifts of Stock bringing lawsuits against polluters. The stu- Gifts of appreciated securities are an effective dents receive special permission from New way to help Riverkeeper and realize significant York State to practice and provide Riverkeeper tax advantages at the same time. To find out with the equivalent of as much as $1 million more about contributing stock, contact in legal services each year. Riverkeeper’s Director of Development, Marianne Gardiner, at 914-478-4501, ext. 238.

H Blue Crab ...... under $100 H Please sign me up for H Striped Bass...... $100 – 249 Riverkeeper’s Activist Listserv. H American Shad ...... $250 – 499 I want to be notified by email H Atlantic Sturgeon ...... $500 – 999 about public hearings, letter-

H Hudson River Steward ...... $1,000 – 4,999 writing campaigns and other activist events. My email H Hudson River Falcon ...... $5,000 – 9,999 addresses are included below. H Enclosed is my check or credit card authorization for $______

H I would like to charge my contribution on my:

H VISA H MC H AMEX Exp. Date___/___/___

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e-mail Business Email 8 The Riverkeeper patrol boat, the R. Ian Fletcher, circa 2000.

Looking Back, Forging Ahead Robert F. Kennedy, Jr. Recounts Our Beginnings and Interviews Hudson Riverkeeper Alex Matthiessen About Our Future

he Hudson is blue-collar coalition of com- Thome to one of the mercial and recreational fisher- most sophisticated men, whose first public and aggressive envi- meeting was at the American ronmental communi- Legion Hall in Crotonville, ties to protect any New York. Members of this resource in the world. newly formed organization, Since the early 1960s, many of them former Marines, a vigilant band of labored as factory workers, environmental groups, carpenters, lathers or commer- including NRDC, cial fishermen. Few of these Clearwater, Scenic Hudson, people expected to see Yellow- and Riverkeeper, have fought to stone or Yosemite or vacation Port Ewen Fishermen, circa 1895, courtesy F. Panslaw 1985. maintain the River’s biological in the Rockies. The Hudson and aesthetic integrity. was their environment, their In 1966, Riverkeeper was workplace, their property, their launched as the Hudson River park – the centerpiece of their Fishermen’s Association, a (continued on page 10) 9 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Looking Back, The Fishermen used winnings from these Cynamid, Westchester County, Forging Ahead cases to build and launch a Riverkeeper Anaconda Wire and Copper (continued from page 9) boat, which today patrols the Hudson and many others. The Fisher- communities. “Our Riviera, men also had joined with our Monte Carlo,” said Ritchie searching out environmental lawbreakers Scenic Hudson in a lawsuit to Garrett, the group’s newly and bringing them to justice. stop Con Edison’s proposal to elected president. A standing ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ build a hydroelectric facility on room crowd, hung from the Storm King Mountain. It was, rafters and pressed against the in large part, the discovery of a rifle racks, whooped and striped bass spawning ground hollered wildly when Garrett, peaked during Jewish holidays. of Tonight Show quips. Worst near the project site that ulti- an ex-Marine and professional Recreational fishermen boasted of all, government seemed to mately derailed the deal. grave digger, promised his new of the trout, black bass and be in cahoots with the polluters. The Fishermen used winnings followers, “I’ll be the last to let perch they caught on plugs, The discussion began to turn from these cases to build and you down.” the youngsters who would net desperate. Somebody suggested launch a Riverkeeper boat, When Garrett finished, men shrimp, goldfish or herring for floating a raft of dynamite which today patrols the Hudson and women rose to take the bait in the marsh at the mouth beneath the Con Edison piers searching out environmental microphone and extol the River. of the Croton, and how most where it would be sucked into lawbreakers and bringing them Rivermen from Verplanck and of Crotonville congregated on the intake. Someone else said to justice. In 1983, they hired Claverack, some descended its beaches in the summer Penn Central’s pipe could be their first full-time Riverkeeper, from generations of commer- months for beer and barbecues. plugged with a mattress or activist and former commercial cial fishermen, spoke of the But each of them fretted ignited with a match. fisherman John Cronin. One great runs of striped bass, blue about what was happening to Then another ex-Marine year later, I joined Riverkeeper fish, and shad; of giant stur- the River – the polluters were rose to speak. Bob Boyle was as its Chief Prosecuting geon bursting with caviar; of effectively stealing it from the an ornery fly fisherman and Attorney. herring and alewives so numer- public. New York City was outdoor writer for Sports Since those early days, ous they turned the tributaries dumping 1.5 billion gallons Illustrated. In the course of Riverkeeper has brought hun- to quicksilver; the succulent per day of raw sewage into the researching an article about dreds of polluters to justice blue crab and lucrative eel; or River, the paint from Tarry- angling in the River two years and forced them to spend hun- the gefilte fish fishery that town’s GM plant dyed the earlier, he’d stumbled across dreds of millions of dollars River a new color each two little known laws: the remediating the Hudson. The week, the Indian Point Rivers and Harbors Act of 1888 Hudson, condemned as an power plant was killing and the Refuse Act of 1899. “open sewer” in the 1960s, is millions of fish each day, These statutes forbade pollution today one of the richest water the National Guard was of American waters and provid- bodies on earth. The River’s filling tidal wetlands at ed a bounty reward for whoever miraculous recovery has Camp Smith, and Penn reported the violation! inspired the creation of “water- Central Railroad was After listening to Boyle with keepers” on 153 waterways discharging oil from a escalating excitement, the across the globe. pipe at the Croton Rail American Legion crowd agreed In 2000, Riverkeeper hired Yard. The oil floated to organize themselves to track Alex Matthiessen, then a up the Croton on the down and prosecute the Hud- political appointee at the U.S. tide, blackening the son’s polluters one at a time Department of the Interior, to beaches and making until they were all eliminated. lead the organization. It was a the shad taste of They were as good as their stroke of luck comparable to diesel. word. Two years later they Babe Ruth’s 1920 trade to the The River was shut down the Penn Central Yankees. He brought with him dying. Twenty-mile Pipe and collected $2,000, the a new fiscal discipline, built a stretches south of first bounty ever awarded professional staff and launched Albany and north under the 19th-century statute. the organization on a crusade of New York City They were soon collecting even to close the Indian Point were already dead and the larger bounties against Standard nuclear facility and to end mas- A 1991 issue of the Riverkeeper newsletter Hudson had become the butt Brands, Ciba-Geigy, American sive fish kills at the Hudson’s

10 Hudson Riverkeeper Alex Matthiessen shows off a striper he caught in the Hudson River Estuary.

other power plants. that the organization had a advocates and leaders and to looking out for their interests. Riverkeeper has tripled its great reputation as the Valley’s build a network of volunteers Today, we log over 1,000 caseload and expanded its most feared and yet respected to help us. hours on the water each year patrol area to the 160-mile Hudson River advocate. But I I hired new staff and created and find new evidence of pol- stretch from north of Albany was surprised to discover that a Watchdog program com- lution every time we go out on to the estuary’s many reaches despite the organization’s pop- prised of citizen volunteers patrol. throughout New York City. ularity, we only had an active who act as our eyes and ears RFK: Having doubled the The organization has reached a membership of about 1,000 throughout the Valley. We now staff and our annual budget new level of sophistication and people. With 20 million people have a paying membership of over the last five years, it’s prob- effectiveness under Alex’s lead- in the New York metropolitan 6,000 people and over 10,000 ably safe to say that Riverkeeper ership and vision. area, many who are self- who receive our mailings and is on sound financial footing? I asked Alex about his first described Hudson River lovers, action alerts. AM: For the most part yes. six years at Riverkeeper and I knew we needed to do a I also saw that our patrol But fundraising is never easy what he sees ahead. better job of translating that boat, the R. Ian Fletcher, had and there’s a lot of competition Robert F. Kennedy, Jr.: popularity into active support ceased to have a meaningful for limited resources. Ironically, Alex, when you arrived in – both financial and program- presence on the River, only log- our visibility and success – and 2000, what struck you about matic. I also knew that to be ging about 60 hours a year by sometime association with the Riverkeeper organization – truly effective, we couldn’t just the late 1990s. I felt it was celebrities – also can be a lia- what was working and what rely on a single charismatic important to have the boat bility in that the public often needed attention? “Riverkeeper” to be the River’s back out there to act as a views us as a flush organization. Alex Matthiessen: What guardian but rather had to cre- deterrent and remind the public Unfortunately, it’s not the was immediately apparent was ate an entire organization of that someone was on the River (continued on page 12)

11 Looking Back, that makes you so driven and opportunity we have not just to RFK: How has Riverkeeper’s Forging Ahead passionate? safeguard our water resources advocacy and strategy changed (continued from page 11) AM: I came to Riverkeeper but to rebuild our democracy since you came on board? case. I’m having to devote an because I admired the no-non- from the grassroots up. AM: The difficulty with con- increasing amount of time and sense approach to environmen- Corporate America and the fronting polluters is that you energy to raising money just tal problem-solving and media outlets they own have a generally must confront them to cover our core operations. because, after many years disproportionate and dangerous one by one. It’s like that While I’d rather spend more working on national and inter- amount of control over decision “whack-a-mole” game at the time out slaying giants, national environmental causes, makers and that is having a real fair: every time you whack one fundraising is a necessary and I relished the opportunity to effect on our human, civil and developer or polluter, another important part of the job. come home to New York and environmental rights. I do this one pops up somewhere else. Luckily, our members are gen- work on local issues. I was work to save the Hudson that I We are focusing more of our erous because they understand inspired by the idea of one per- love, but also to do my small time and attention on improv- that I’m asking on behalf of son, one group, one communi- part in helping salvage our ing the zoning and tax laws so the river they love and the ty asserting their right to a democracy which has been sub- that bad projects don’t get pro- communities they live in. clean river and taking responsi- verted by this country’s power- posed in the first place. The RFK: I have watched you bility for defending a resource ful special interests. trick is not only to curb bad work extraordinarily hard over that a cabal of corporations RFK: I know that running behavior but to provide incen- the last six years to rebuild this and politicians had plundered, a non-profit organization can tives for good behavior. There organization and increase our desecrated and stolen. be extremely exhausting and are actually a growing number effectiveness. What originally When I think about River- stressful. What do you do to of developers who genuinely attracted you to Riverkeeper keeper’s work, I think about decompress? want to build ‘green’ but exist- and what is it about the work the larger context and the AM: The best thing for me is ing zoning regulations often to spend time in nature. When make it difficult. We want to the world feels like it’s going to change that. M O C . hell, being out in the wilder- RFK: Riverkeeper’s founding Y H P A

R ness – being blown about by mission is to restore the G O T

O the wind, sleeping under a Hudson River. If a totally clean H P R E black sky jammed with bright and pristine river is a ‘10’ on a V I R N

O stars, hearing a coyote howl in scale of 1-10, where do you S D U H

. the distance, feeling the still- think we are today and what W W

W ness of nature – makes me is it going to take to complete . E T N

A more hopeful about the world. the job? L L I U

Q To deal with the daily stress- AM: If we were a ‘2’ at our S H P

E es of the job, and there are bleakest point back in the S O J

© plenty, there’s nothing like 1960s, I’d say we’re probably O T

O playing sports and exhausting around a ‘7’ today. Unfortu- H P yourself physically to release nately, given the enormous vol- tension. My latest obsession is ume of toxic chemicals that surfing. I go out to Montauk, General Electric and others near where I grew up, on dumped into the Hudson over weekends and surf until my the last century, we won’t – at arms feel like they’re going to least in our lifetimes – return fall off. I also love playing ten- the river to the pristine state it nis and basketball, hiking was in when the Dutch settled along the Hudson, skiing in the New York in the early 17th Catskills, or going for a long century. But if we can push the run along the Roundout at the old power plants to upgrade foot of the Shawangunks where their cooling water technology, some friends have a house. upgrade the failing sewage I also love to read – I would infrastructure from Albany to read a book a week if I had the New York, and force GE to Alex coaching a future “Riverkeeper” on how to drive the patrol boat. time. complete the PCB cleanup, we

12 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ should be able to get back up No question – waterfront development is the river, and will have incor- to a ‘9’ in the next 5-10 years. the biggest threat we face and if we don’t porated river access and open RFK: While industrial pollu- move quickly, the gains of the last 30 space into their design. There tion was the scourge of the will remain a few vestiges of 20th century, the rapid redevel- years may largely be for naught. heinous development schemes opment of the waterfront ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ at places like Piermont, Half seems to be the biggest threat Moon Bay and New Windsor to the Hudson today. Would but they will serve as a useful you agree? development on formerly will be thriving in the estuary. reminder of what the entire AM: No question – water- industrialized sites. Hudson River Island Park, Hudson River corridor could front development is the RFK: What’s your vision for comprised of formerly aban- have looked like had we not biggest threat we face and if the Hudson River Valley, say doned dredge spoil islands come together in 2006 to plan we don’t move quickly, the in ten years time? between Ft Edward and Tivoli its future. gains of the last 30 years may AM: The power plants at Bays, will provide safe haven Every town throughout the largely be for naught. Lovett, Bowline, Roseton, for bald eagles and osprey, river NYC watershed will have a The irony of our success in Danskammer, Indian Point – otters and snapping turtles, complete set of resource pro- cleaning up the Hudson is that and all the dirty plants that muskrat and mink, and help tection laws as well as smart developers are rushing to the currently inhabit New York maintain scenic vistas for near- growth incentives for cluster waterfront with dollar signs in City – will be repowered with by waterfront communities. design, open space preserva- their eyes, looking to take clean-burning gas-fired facili- The Hudson shoreline will tion and town-centered devel- advantage of renewed interest ties; air pollution and fishkills mostly appear unchanged opment. Each will also have in the river. Many of the local at these sites will be nearly though in fact most of the strict limits on the ability to towns, which have struggled eliminated. In addition to a undeveloped waterfront parcels issue zoning variances. economically since their water- 1000-megawatt combined cycle will have been permanently Exit ramp development fronts were polluted and aban- gas plant, Indian Point will host preserved or transformed into featuring office parks and doned by former industries, an alternative energy research public parks, some featuring shopping malls will be an are welcoming these developers and development center. swimming beaches, boat embarrassing relic of our past and requiring very little in A new underground trans- launches, gazebos and band consumerist obsession. We’ll return. The waterfront is a mission line will carry 3,000 shells. There will be some resi- still be consuming of course public trust resource and yet megawatts of electricity from dential and mixed-use develop- but a little less mindlessly. it’s largely being turned over to Canada, New England and ments but they will be limited We’ll be spending less time in private interests to exploit for upstate to the New York metro to old industrialized sites, will our cars and in front of our financial gain. If we don’t act area via the New York State be of limited height and scale, TVs and more time commun- fast, we’ll be living with Thruway. Five thousand MWs architecturally pleasing (or at ing with nature and our neigh- Levittown-on-the-Hudson for of New York’s power capacity least tolerable), set back from (continued on page 14) the next hundred years, and will be generated by wind beyond. There are currently 18 farms off of Long Island and at development projects, compris- windy sites across the state, ing 10,000 residential units, including perhaps, a few in the proposed for the waterfront. Hudson Valley. (We all have to Most, if built as designed, will do our part!) By 2016, New deprive the public of signifi- York State will be the nation’s cant open space and river leader in energy efficiency and access. renewable energy. Riverkeeper is doing all we General Electric, having lost can – through lawsuits, media their legal challenge to the pressure and coalition building Superfund law, will have com- – to stop or curtail it. We real- pleted a full cleanup of upriver ly need a regional plan for the PCBs. Rivertowns north of Hudson River corridor that Albany will be rebounding and focuses on permanently pro- a closely managed commercial tecting remaining open space fishery for blue crab, striped while allowing controlled bass, eel and American shad Left to right: Artist Alexis Rockman, Robert F. Kennedy Jr. and Alex Matthiessen.

13 Looking Back, Forging Ahead (continued from page 13) bors and friends. Voting rates, even in non-presidential years, will consistently be above 75% …okay, now I’m dreaming. RFK: That’s an impressive and ambitious vision – is it achievable? AM: I really do believe that it is. The harder parts are 3 9 9

going to be preventing the 1 E T N

build-out of the Hudson River A L L I U

waterfront before it’s too late Q S H P E

and getting watershed towns to S O

J GE, 1993.

pass smart growth laws given © the formidable lobbying inter- ests that are arrayed against us. the plant down. time before we close Indian Fund to cover the substantial But we have the most dedicated And just recently, our con- Point’s doors for good. costs of pursuing litigation. and professional staff we’ve gressional delegation (Reps. RFK: What are your current In five years time, I expect ever had and one that I believe Hinchey, Shays, Lowey, Engel goals for the organization? Riverkeeper to be a five mil- rivals that of any environmen- and Kelly and Senator Clinton) AM: I hope to secure a per- lion dollar organization with a tal organization in the country. has directed the NRC to con- manent home for Riverkeeper staff of about 25-30. Much of These are the folks who are duct an Independent Safety on the waterfront where we the additional revenue would going to get it done for us. Assessment (ISA) – an impar- could dock the boat and pro- go toward hiring the outside Of course, with an energetic tial top-to-bottom review of vide river-based educational technical and scientific experts governor in Albany – commit- the plant’s operations, infra- programming for local schools needed to go toe-to-toe with ted to both land preservation structure and maintenance, and the community. We hope the biggest polluters. and pollution enforcement – and its emergency plan. to identify a benefactor who RFK: Anything else you’d our ability to achieve our goals The Achilles’ heal of the will donate the land to us on like to add? would be hugely improved. plant continues to be its fatally which we would construct a AM: I would like to thank RFK: What’s your prediction flawed emergency plan. The state-of-the-art ‘green’ building our 6,000 members who gener- on closing Indian Point and bottom line is that FEMA can- and advocacy training center. ously support us year in and what’s it going to take to get it not – and will never be able to In the next two years, I year out and often toil along- done? – meet the “reasonable assur- would like to be able to beef side us in the trenches. We sim- AM: I have no doubt we’re ance” standard for approving up our program staff and hire ply could not do this going to shut down Indian Point. Indian Point’s emergency plans. an in-house economist that important work without them. We have Entergy on the Hurricanes Katrina and Rita could help us evaluate and I’d like to express my grati- ropes and our elected officials made that terrifyingly apparent. rebut the claims of many devel- tude to my hard-working and are growing impatient with While the NRC clearly is in opers who insist they need to terrifically effective staff who both Entergy and the NRC for the pocket of the nuclear build the biggest project possi- are the reason for Riverkeeper’s their chronic foul-ups and seri- industry, Congress can direct ble to earn a profit. I would success. al lack of candor. Eliot Spitzer the agency to do whatever it also like to hire a full-time vol- Finally, I’d like to thank Bob recently joined over 400 wants. Senator Clinton, Con- unteer coordinator to work Boyle and those early fishermen Republican and Democratic gresswoman Kelly and the rest with our many members who who had the courage and fore- lawmakers, including 11 mem- of the delegation have shown a are keen to help us. sight back in 1966 to confront bers of Congress, in calling willingness to exercise their I would like to find busi- the Hudson’s polluters and for the plant’s closure. If he authority when we needed it. nesses and donors who could lead us to where we are today. becomes Governor, he would Ultimately, the plant has too permanently endow the patrol We owe them a huge debt of have both the bully pulpit and many problems to survive the boat operation and help us gratitude. The only way to pay concrete policy tools to compel constant and unrelenting grow Riverkeeper’s recently them back is to preserve their

Entergy and the NRC to shut scrutiny. It’s just a matter of established Legal & Experts legacy. I

14 Riverkeeper Watchdogs: The Eyes and Ears of the River

BY SABRINA WELLS

hen one hears the and began researching; she by the site she sees how her alerted him to a pipe near West word Watchdog, found that the developer was efforts have paid off, as there Point that she thought was dis- Wvisions of people not following local and state is adequate signage, a charging raw sewage. Wayne actively protecting something codes. While the case was not stormwater pond, and testing called Riverkeeper’s Chief or someone comes to mind. resolved immediately, she even- is almost complete so that Investigator, Basil Seggos. This is exactly what the tually prevailed and the devel- remediation can begin. When Within weeks, a pipe that was Riverkeeper Watchdogs do — oper was sent a notice of asked how she finds the time estimated to have discharged they actively watch over the violation and remediation was and what keeps her motivated over a million gallons of Hudson River and its tributaries required. Susie replied, “You find the sewage into the Hudson River by being passionate advocates As the years passed Susie time, you get a lot of satisfac- was repaired. in their communities. This can became more involved in other tion out of going back and Currently Wayne is reaching come in the form of speaking environmental cases. One of looking at what you helped out to his community concern- at planning board meetings, the early ones that linked her fix.” She says that the most ing the Corbin Hill subdivision gathering evidence of pollu- with Riverkeeper involved important thing she has located in the Town of High- tion, or becoming a leader in Consolidated Iron and Metal learned is “to question and do lands. This is a development their community. All of our in Newburgh. This site had the research yourself.” that may have negative impacts Watchdogs at Riverkeeper are been previously designated as Wayne Kocher has been on land use and well-water doing these things, and more. a Superfund site with the help helping Riverkeeper for over supplies. Wayne is optimistic I cannot fully discuss the of Riverkeeper, but as Susie 15 years now. It all started in that the planning board will Watchdog Program without discovered, little was being the late 1980’s when Wayne require further study before telling the stories of two of our done to remediate or inform discovered a pipe located by permitting the expansion of many star Watchdogs, Susan the public. There were no signs the Croton River that was this project. He also hopes that Cleaver and Wayne Kocher. to alert people that it was a spewing out a green liquid. his efforts will catapult the Both have tales of triumphs Superfund site and the fence He immediately contacted community and local govern- and battle scars; but they, like was not sufficient to keep the DEC and inquired as to ment into thinking strategically all of our Watchdogs, will tell people away from the contami- whether there were permits; he about new development in a you they keep pushing forward nants. She also found out that was told “not to worry about sustainable manner. because they have seen the with 5,000 discarded tires on it,” and that the DEC would Wayne is also an avid fruits of their labors. the site, the remediation could take a sample. Wayne felt that photographer, especially of Susan (Susie) Cleaver has not move forward until they their response was inadequate wildlife and birds. Protecting been a Watchdog at were removed. So Susie rolled and a friend suggested he call wildlife is one of the reasons Riverkeeper for many years. up her sleeves once more and Riverkeeper. Riverkeeper con- he is a Watchdog. He states Susie’s first “case” hit close to began emailing the community, tacted the press as well as the that “we must protect the home, which is how many citi- the press, government officials, DEC. waterways, because they [the zens become participants in the EPA, and Riverkeeper. A The result of Wayne’s vigi- animals] can’t.” Wayne truly is environmental activism. About press conference was called lance was a fine to Metro a passionate defender of our seven years ago she found two and soon “everyone was pitch- North and the repair of the natural world. feet of water in the stable ing in.” Within two weeks the pipe. Over the years Wayne To find out more about the where her horses were kept. tires were removed, signs put has brought many other cases Watchdog Program check out The cause was an adjacent up, and the fence was repaired. to Riverkeeper while earning the Riverkeeper website; we development that had been She went on to say that “this the trust of his co-workers and hold training sessions through- clearcut with no stormwater represents a case of what peo- neighbors; they know they can out the year for Watchdogs. I management. Susie, thinking ple can do when they want go to him when they witness this couldn’t be right, took to… when people go the extra an environmental abuse. One matters into her own hands mile.” Now when Susie goes example of this is a jogger who

15 get on board

BY SABRINA WELLS

nchecked development, pollution, Take for example Jan Blaire, who sits commenting on developments to Uwetland protection, open space; on the Irvington Environmental Conserva- environmental education in their these are all concerns of our river com- tion Board (ECB) and the Open Space communities. If you don’t have one in munities. But beyond being a commu- Alliance. Jan was appointed to the ECB your town or city the formation of one nity activist, are there other ways to when it was still just a council and not a is simple and can be a very effective get involved, on a local leadership board, but that all changed when she and tool in protecting open space and level? others on the council commissioned an water bodies. For more information The Watchdog Program’s newest open space inventory which was approved on CAC’s and ECB’s see Article 12-F initiative, “Get on Board,” builds a link by the town board. This endeavor allowed of New York State Consolidated Laws between local leadership groups and the then-council to become a board, and or contact Sabrina Wells at watchdog@ concerned citizens. the town’s planning board was thereafter riverkeeper.org. One way to “Get on Board” is to legally required to submit to the ECB all Over the next year and beyond become a member of your local development permit applications for land Riverkeeper will be working with the Conservation Advisory Council (CAC). covered by the town open space inventory. public to educate them on leadership A CAC is made up of volunteer com- There are Conservation Advisory opportunities in their communities. This munity members, appointed by the Councils throughout New York and the is a non-partisan initiative as Riverkeeper local legislative body, who have a con- Hudson Valley, including Tarrytown, East believes that the conservation and cern for the protection and manage- Fishkill, and Cortlandt. These councils pro- protection of natural resources benefits ment of their local environment. tect the environment on different levels everyone, regardless of political

and through different approaches, from affiliation. I

16 campaignINDIAN POINT

Radioactive Leak at Indian Point

BY PHILLIP MUSEGAAS broad range of elected officials, far from the IP2 pool water In August 2005 Entergy, the including Senators Clinton and also showed varying limit. corporation that owns and Schumer and Congresswomen levels of tritium contami- However, operates Indian Point, discov- Lowey and Kelly were outraged nation, suggesting there both the DEC ered water leaking through at the NRC and Entergy’s fail- may be other sources of tri- and the State cracks in the concrete outer ure to notify the public in a tium-laced water leaking into Health Department waited to wall of the IP2 Spent Fuel Pool. timely manner about a poten- the ground from the plant. notify the public and local offi- The pool holds nearly half a tial health and safety risk to Samples taken from offsite cials until February 27, nearly million gallons of water used the public. wells located just south of the three months after they had to cool the spent nuclear fuel In response to the public plant in December did not received the preliminary test stored in racks forty feet below outcry, the NRC began a spe- detect any tritium above back- results. Strontium-90 is one of the surface. The water also cial inspection at the plant to ground levels. In late December, the most toxic byproducts of serves as a shield, protecting discover the source of the leak. Riverkeeper discovered that nuclear power generation and workers and the public from They began sampling ground- tritiated water had also been is produced as a fission bypro- radiation released as the fuel water from existing monitoring found in storm drains at Indian duct of uranium and plutoni- rods decay. Without the water, wells onsite and announced Point. It remains unclear which um. According to the United the decaying process would plans to begin drilling at least storm drains empty directly States Environmental Protec- cause the rods to heat up and nine new wells around the into the Hudson River and tion Agency (EPA), the isotope eventually catch fire, releasing plant to determine the scope which have been redirected can enter the food chain when enormous amounts of radiation released into the environment. into the atmosphere. After thir- Human ingestion of strontium- ty-two years of operation, The NRC reported that sampling results 90 – either by drinking water nearly one thousand tons of from a new monitoring well dug close to or eating contaminated food this lethal waste has built up in the wall of the pool show tritium levels at products – is absorbed from the Indian Point 2 pool alone. thirty times the limit. the gastrointestinal tract and The pool water itself is highly concentrates in bone mass. irradiated and contains such Exposure to strontium-90 isotopes as tritium, strontium, of contamination. On October into the plant’s wastewater increases the risk of numerous and cesium. When discovered, 5, 2005 an existing monitoring treatment system. diseases including bone cancer, the pool was leaking at the rate well located near the IP2 Fuel More troubling news came leukemia, and soft tissue cancer. of about 2 liters per day. Storage Building in a trans- in late January 2006, while The New York State Depart- At high enough levels, tritiat- former yard showed tritium Riverkeeper staff was review- ment of Health and Department ed water is the most toxic form contamination in the ground- ing documents obtained from of Environmental Conservation the tritium isotope can take, water at levels ten times the the New York State Department (DEC) became involved in the because when ingested it is EPA limit for safe drinking of Environmental Conservation investigation at the behest of absorbed directly into the soft water. Two new wells in the (DEC) under the Freedom of county officials who were tissue and organs. Entergy began same yard sampled in December Information Law. In their in- concerned about the lack of collecting the water and noti- also showed tritium at levels vestigation, the staff found that transparency if only Entergy fied the Nuclear Regulatory two to three times the EPA sample results from Monitor- conducted sampling. Local Commission (NRC) on Sep- limit. Also in December, the ing Well 111, located near the elected officials were outraged tember 1, 2005. However, NRC reported that sampling IP2 Spent Fuel Building and to learn that government agen- neither the NRC nor Entergy results from a new monitoring analyzed by the New York cies had once again failed to notified the public of the leak well dug close to the wall of State Health Department in notify them of a potential pub- until September 20, nearly a the pool show tritium levels at December, showed strontium- lic health and safety risk, and month after the leak was dis- thirty times the limit. Sampling 90 in the groundwater at levels immediately called for a covered. Riverkeeper and a results of other wells located about half the EPA drinking (continued on page 18)

17 campaignINDIAN POINT

(continued from page 17) RADIOACTIVE ISOTOPES AT meeting with Entergy and all state and fed- Entergy and the NRC reported on eral agencies involved in the investigation. January 6 that they were no longer collect- NUCLEAR POWER PLANTS Riverkeeper supported local officials in ing water seeping from the cracks in the Exposure to any type of ionizing their call to make all sampling results pub- pool’s concrete wall. The rate of leakage radiation increases the risk of lic and to immediately begin testing all had lessened from about 2 liters per day developing cancer. monitoring wells for strontium. to several ounces a day by late December. State and federal officials also admitted Neither Entergy nor the NRC could offer TRITIUM- H3 for the first time that a large underground an explanation as to the reasons for this ‘reservoir’ of radioactive water was now change. However, sources at the NRC I Radioactive isotope of hydrogen leaching into the Hudson River west of the informed Riverkeeper that there is some I Byproduct of nuclear fission for Indian Point 2 reactor, confirming River- suspicion that leaking water may be build- electricity generation keeper’s predictions about the scope and ing up in the gap between the pool’s inner I Replaces one hydrogen in water location of the tritium plume. On a confer- steel liner and the concrete outer wall. The molecule, forming “tritiated ence call with NRC officials on February fact remains that little is known about the water” 28, Riverkeeper staff was informed of the leak, more than six months after it was dis- I If absorbed in liquid form, pollution entering the Hudson. The NRC covered. Just how long this polluted water concentrates in soft tissue and also believes the radioactive plume is flow- has been leaching into the Hudson River organs ing under the level of the riverbed, and remains a mystery. I 12.3 Year Half-life possibly percolating up through the river Public pressure on the NRC to find sediment. State geologists and hydrologists answers to Indian Point’s latest safety CESIUM- CS-137

concluded that groundwater flow onsite is breakdown did yield dividends when the I Metal byproduct of nuclear primarily west/southwest towards the river, agency agreed to Riverkeeper’s call for a reactor waste

due to the bowl shaped depression the public meeting on the radioactive leak. I Moves easily through the plant is built upon which angles downhill The meeting is scheduled for the end of environment, making it difficult towards the river. March. It will be a ‘town hall’ style meet- to clean up. The ongoing special inspection also ing, with short presentations by Entergy, I Absorbed by breathing in involved the visual inspection of the spent state and federal officials followed by pub- contaminated dust, handling fuel pool’s stainless steel liner by Entergy lic comments and questions. irradiated equipment or drinking to find the source of the leak. Initial efforts The offsite migration of the radioactive water containing dissolved involved the use of an underwater camera, plume sets into motion an accelerated form. followed by a specially trained diver in a response by the NRC, which will require I 30.13 Year Half-life “man basket” designed to prevent him Entergy to come up with a comprehensive from diving too close to the deadly spent plan to find and stop the leak and remedi- fuel rods stored in the bottom of the pool. ate the pollution. New York’s DEC and STRONTIUM- SR-90 In December, Entergy announced that tests Health Department should also step up their I Byproduct of nuclear fission at conducted by the diver at 3 spots on the response, since the pollution is no longer power plants steel liner of the pool failed to reveal the confined to the plant property. Riverkeeper I One of the most hazardous con- source of the leak. Only about 50% of the will make every effort to ensure that these stituents of nuclear waste pool liner has been inspected so far, and agencies live up to their legal and regulatory I Behaves chemically like calcium, the radiation levels in the remaining areas obligations in addressing these latest devel- absorption concentrates in are too high to allow divers to inspect. opments, and will continue to take inde- bones and teeth. Instead, Entergy will try and use a small pendent action to see that the pollution of I Internal exposure linked to bone underwater camera to examine these areas, the Hudson from Indian Point is stopped cancer and leukemia.

although it remains unclear how the repair and the damage cleaned up. I I 29.1 Year Half-life in such a dangerous location would be completed. Source: Environmental Protection Agency website, at http://www.epa.gov/ radiation/radionuclides/

18 Energy generated by the wind and sun of generating up to 10,000 at the Great Palapa, Camp Kuyima megawatts of wind energy from on- and offshore farms. A 2005 report by NYS Comptroller Alan Hevesi esti- mated that a twenty-five per- cent annual increase in wind production would bring nearly 12,000 direct and indirect jobs to New York State and provide financial benefits to farmers through the leasing of land. M U T N

U Riverkeeper has been a S N A

V staunch supporter of wind R E T

A energy in New York for several W N I

A years, beginning in 2002 when R A S I we committed to purchasing L : T I

D wind certificates through Com- E R C

O munity Energy which equates T O H P to 100% of our annual energy use. It amounts to a small pre- Learning from Our Global Neighbors: regarding offshore wind farms, mium per month that goes Denmark has built, with public toward the building of new Wind Energy is Here to Stay support, the first off-shore wind mills in New York. (For wind farm in the North Sea. information on how you can BY LISA RAINWATER VAN SUNTUM ple, a dozen cabanas, and three The farm is comprised of 80 purchase wind certificates, go The chatter of seabirds, the toilet facilities. The hum serves turbines situated about 10 to www.communityenergy.biz). spraying exhalations of mother as a reminder to the small fish- miles offshore. The Danish gov- In January 2006 Riverkeeper gray whales and their calves, ing community and to visitors ernment’s forward-thinking and a coalition of environmen- and the yelping of desert coy- alike that the days of dirty energy policies seek to generate tal groups, joined together otes are not the only sounds diesel generators are gone and thirty-five percent of the coun- under the name Alliance for heard on the sandy shores of that the century of wind power try’s energy demands through Clean Energy, celebrated the San Ignacio Laguna in Baja, has taken force, even in the wind by 2015. opening of Maple Ridge, a new Mexico. As the salty, cool most remote and pristine In 2003, Governor George wind farm in Lewis County, winds whip around the oval- regions of the world. Pataki also sought to create a which now provides power for shaped lagoon, a muted Humans have harnessed the forward-thinking energy policy 67,000 New York homes each purring is heard from the wind’s energy for about 7,000 for the State of New York: the year. The Maple Ridge wind Great Palapa – the learning years, but it wasn’t until the State’s Renewable Portfolio farm is one of the State’s first center located at the northern late 1800’s in Denmark that Standard (RPS) requires that renewable energy projects end of Camp Kuyima, an eco- wind turbines were first used twenty-five percent of the under the governor’s RPS. tourism facility. The gentle for commercial energy produc- state’s energy production be While onshore wind power sound is of a small wind tur- tion. It should come as no sur- generated via renewable energy is rapidly developing in New bine attached to the side of the prise that over one hundred sources by 2013. The RPS was York, the first commercial off- building, generating enough years later, Denmark is still approved by the Public Service shore wind farm could operate energy – along with a small leading the world in wind pro- Commission in 2004. Wind off of Long Island in the near solar panel – to power the duction, technologies, and energy will play a key role in future, providing enough center, a restaurant-size kitchen innovations. While there is meeting the RPS. It is estimated energy to power 44,000 capable of serving 25-30 peo- some controversy in the U.S.A. that New York State is capable (continued on page 20)

19 campaignINDIAN POINT

(continued from page 19) homes. The Long Island Power 20 YEARS LATER… REMEMBERING CHORNOBYL Authority (LIPA) has filed an application for an offshore wind farm to be located south- Reflections east of Jones Beach and south- In the early morning hours of April 26, 1986, nuclear plant hings seem to keep circling west of Robert Moses State workers were in the process of conducting a test on Unit 4 of Tback to the same images, Park. LIPA’s filing has been the Chornobyl power station. A sudden surge of power increased the same memories. Five years supported by the Long Island the power level and temperature at such an alarming rate that an ago, I wrote a series of articles Offshore Wind Initiative, a explosion took place, spewing massive amounts of radioactive par- for a Connecticut-based news- broad-based coalition of local, ticulates into the atmosphere. Hundreds of thousands paper chain entitled “Culture regional, state, and national of people were forced to evacuate and leave their homes and liveli- of Cancer: A health crisis in health and environmental groups. hoods behind – many forever. Ukraine rages almost 15 years In Spring of 2006 Riverkeeper Seven months after meltdown, the burned reactor building and after Chornobyl, the world’s officially announced its support its core were enclosed in a reinforced concrete casing known as a worst nuclear disaster.” I had for the project. sarcophagus. This original structure was meant to be an intermedi- spent weeks traveling across Our elected officials need to ary measure to contain the high levels of radiation still being emit- that wretched country, moving know that there is strong pub- ted from the core. Twenty years have passed, and the sarcophagus from children’s hospital to chil- lic support for smart, renew- is suffering from decay and there is a risk that structural beams dren’s hospital in city after city able energy research, develop- will rust. A new 20,000 ton structure is planned to replace the and interviewing doctors, ment, and implementation. In interim encasement. Originally scheduled for completion in 2005, patients, patients’ parents and our efforts to close the Indian the project is now slated for completion by 2008 and will cost an therapists and nurses, getting a Point nuclear power plant, estimated 770 million Euro. first-hand look at the damage. Riverkeeper has identified sev- A large portion of Belarus’ citizens have been affected by It was a tour of spina bifida eral ways residents can show radiation fallout from Chornobyl. In addition, radiation contami- and cleft palettes, of hydro- their support for wind produc- nation was discovered across the Northern Hemisphere. The cephalia and enormous tumors tion: purchase wind certificates World Health Organization predicts that one third of all children like violent fruit, of twisted through Community Energy (0-4 years of age) living around Gomel, Belarus at the time of the bones and vacant weeping. for your home, apartment, and accident will develop thyroid cancer. Five years ago, I wrote, business; encourage your muni- The following is an exposé by Robert Masterson, a professor “The only real growth industry cipality to purchase wind cer- and writer living in Yonkers. He has travelled extensively through seems to be the sex industry; tificates; and opt to buy green the regions most greatly affected by Chornoybl’s invisible poison. escort services, marriage agen- energy from your local utility. cies and pornography are New Yorkers can learn a lot Prypiat Plaza, Ukraine. booming as the Ukrainian cul- from the Mexicans and Danes: ture begins to feed upon itself, wind power is a sign of offering its own flesh as a com- progress. With growing public modity.” Last night, I watched support for wind power, New York State could reach its 10,000 megawatt capacity, reduce our use of fossil-fueled power plants, and eliminate the N

need for arguably the greatest O S R E T

risk to public health and safety S A M

in the New York metropolitan T R E B

region – the Indian Point O R ©

nuclear power plant. I S O T O H P Graffiti Wall. Lvyv, Ukraine.

20 BY ROBERT MASTERSON A Look Back at 2005 an episode of the PBS docu- and Indian Point mentary series Frontline about January 2005: Westchester, human trafficking. Sure Rockland, and Orange County officials refuse to submit their enough, one of the women Annual Certification Letters trafficked into a life of prosti- (ACL) for Indian Point’s emer- tution in a Turkish brothel and gency evacuation plans; Putnam County breaks ranks again and one of the few who ever man- submits its ACL. ages to escape her sexual January 24, 2005: IP guard enslavement, was a child of discovered drunk while acting Chornobyl. Oksana and her as a safety supervisor at a firing range. teen and preteen siblings all

N January 31, 2005: NYS Attorney O

suffered a host of radiation S

R General Eliot Spitzer says he E T associated afflictions and lived S A supports the closure of Indian M

T Point if energy reliability can be

a life of cold poverty in one of R E

B assured. O

Ukraine’s thousands of pover- R ©

S February 10/11, 2005: Control

ty-stricken villages. Before the O T

O rods fail to load properly at H show was over, we’d learned P Indian Point. that Oksana’s 13-year old Silent Class, Prypiat, Ukraine February 14, 2005: Barnwell brother died from liver failure per stories have sort of dwin- and leave if it all gets to be too Waste Management discovers and (this is sort of incredible) dled away. much, those of us with no a shipment contaminated with Oksana had decided to sell Five years ago, I wrote that other place to go and no way radioactive waste from IP. herself back to the Turkish Ukrainian doctors “see the to get there, might just have to February 23, 2005: Riverkeeper, NIRS, and 16 other organizations pimps. At least her family [Chornobyl] radiation as a get used to cancer and cleft submit a petition to the Nuclear would get some cash, she rea- vampire force that saps the palettes, to spina bifida babies Regulatory Commission (NRC) soned. Her sister had a brain strength, weakens the immune and… um… limited social that would require backup power to emergency notification sirens tumor that needed attention systems and twists the chromo- opportunities. All it takes, at U.S. nuclear power plants, and there doesn’t seem to be a somes of the men and women really, is a little buildup in the including Indian Point. whole lot of opportunity out living in areas declared safe.” background radiation and May 10, 2005: Westchester there for uneducated, irradiated There’s just not a lot that any- some hotspots here and there. County Executive Andy Spano files a petition with the NRC that Ukranian country-girls. one can do about it and, short It’s been 20 years for Ukraine, would require the federal agency Just a few weeks ago, the of scraping the top 12 inches Belarus, and southern Russia, to address major inadequacies local paper ran stories about off the entire country and a 20 years since the star Worm- in the process of relicensing nuclear power plants. the radiation leaking out of the couple of surrounding coun- wood fell to earth; I wonder May 20, 2005:The NRC rejects Indian Point facility, about the tries as well, that vampire force how many it will be for us. I the petition that Riverkeeper et wells that were coming up con- is just something with which al filed in February that would taminated, about the ground the Ukrainians are having to Robert Masterson is a professor and require backup power to emer- a writer who divides his time between gency notification sirens. water absorbing more poison. learn to live. And we all know New York and New Mexico. Nothing for anyone to be that people can get used to Masterson spent most of his child- May 27, 2005: Senator Hillary Rodham Clinton urges the NRC alarmed about, this was just even the most appalling condi- hood in and graduated from high school in Los Alamos, New Mexico, to reverse its decision on the another isolated incident that tions, can become resigned and where his parents and stepparent siren petition and vows to draft legislation that would require was in no way connected to or even accustomed to almost any have all worked at the Los Alamos backup power to sirens if the Scientific Laboratory. He has made compounded by the dozens of horror. agency won’t do its job. other incidents and accidents If the unthinkable becomes several trips to the Trinity Site south- west of Socorro, New Mexico, spent and spills and releases that lit- the ordinary, I suppose those of the summer of 1993 in Hiroshima, ter the facility’s history. The us living here, those of us who Japan, and toured childrens’ hospitals and the Chornobyl site in Ukraine. leaks continue but the newspa- won’t be able to just get up (Continued on page 22)

21 campaignINDIAN POINT

Amazing Base (Continued from page 21) June 9, 2005: Westchester Grassroots Activism on the Indian Point Campaign County’s report on the feasibility of closing IP is released, stating that energy currently supplied BY DARCY CASTELEIRO the lifeblood of the Indian perfect match for our congre- by IP could be replaced with an It’s a dreary Saturday after- Point Campaign. Indeed, our gation because Unitarian onsite gas-fired plant that could noon. Rain blurs the panorama very goal, to shut Indian Point, Universalists have certain maintain local PILOT agreements, bring new jobs to the region, of sloping, wooded hills from could never be reached without shared beliefs: the sacredness and not increase electric rates. the floor-to-ceiling windows public pressure. It’s simple of the earth, the interconnect- June 20, 2005: Congresswoman that wrap around the sanctuary math. As our grassroots base edness of all living things, and Nita Lowey authors the Nuclear of the Community Unitarian broadens, people in power take our responsibility to care for Power Licensing Reform Act of 2005, which would fix myriad Church in White Plains. Inside, more and more notice. the earth, to revere nature. problems in the current relicens- an audience sits transfixed as Our grassroots contributors Indian Point is at odds with ing process, and require that the a speaker discusses how energy donate their most precious all of those values.” NRC apply the same licensing standards to old nuclear power efficiency and safe energy are asset: time. Everyone’s time is The program at the church plants as mandated for new a viable alternative to the risks valued—from the dad who was meant to educate the pub- nuclear power plants. of Indian Point. sandwiches 45 minutes to pass lic about the risks and realities July 2005: Power to Indian Even more striking, on a out leaflets to commuters in of Indian Point such as the Point’s emergency siren system day off work, when many between getting his kids, to a dumping of deadly, radioactive is knocked out on two separate occasions, one for six hours choose to shop, run errands, working mom like Cathy who fuel that will last millennia to before officials were aware of or just relax, a few dozen devoted hours a week to create the myth that this plant is eco- the problem. people have chosen to attend a the four-part series that ran at nomical. Cathy says, “I real- July 29, 2005: After a slew of program to learn more about her church. The common ized that I spent so much time siren failures and pending legis- Indian Point and how to close thread uniting our grassroots worrying about Indian Point lation by Senator Clinton requir- it. The program was spear- base is a passion to close Indian but doing nothing. This has ing backup power to emergency sirens, Entergy commits to headed by Dr. Cathy Canepa, Point and a belief that our been a personal awakening for replacing IP’s sirens. who joins the ranks of our efforts will make a difference. me. I know now there’re a lot August 8, 2005: President Bush indispensable grassroots Cathy felt she had no choice of very concrete actions I can signs into law the Energy Policy volunteers. but to produce this program take to close Indian Point.” Act of 2005, which includes Senator Clinton’s amendment As most not-for-profit initia- for the public. “The movement What keeps Rockland requiring backup power to tives, grassroots volunteers are to close Indian Point felt like a County activist Pam Cantor Indian Point’s sirens – essentially going is her professional per- singling out Indian Point as a unique nuclear power plant spective. An occupational among the nation’s 103. health nurse, Pam sees an acci- August/September 2005: dent at the plant as “a medical The emergency siren system nightmare. I feel like an advo- fails during testing on several occasions. cate for people who have no comprehension of the horror August 1, 2005: Indian Point receives a “White” finding due of treating people with radia- to the nitrogen gas leak in a tion poisoning. Each patient is

vital pump system that went M U

T so time-intensive we wouldn’t

undetected for 77 days. N U S be able to care for anywhere N A

September 13, 2005: As officials V R

E near the number injured.” Pam

from FEMA and the Department T A W

of Homeland Security conduct N feels her work has raised pub- I A

an assessment of security and R

A lic awareness. Just recently the S offsite emergency planning for I L :

T Journal News profiled the the Indian Point nuclear power I D E

plant, Riverkeeper calls for the R C challenges her group faces. O T

O Pam has been working in H P (Continued on page 23) Margo Schepart Tabling at Jones Beach Orangetown, which includes

22 (Continued from page 22) immediate closure of the plant until a full-blown, 9/11 Commission-style evaluation the Nyacks, Piermont, Pearl New Emergency Sirens by January 2007 report on FEMA’s failure in New River, and Blauvelt to get a Orleans is completed. resolution passed that opposes At a public Nuclear Regulatory Commission meeting held in September 20, 2005: NRC and re-licensing. It’s taken time, but Peekskill on November 16th, Entergy publicly committed to com- Entergy notify the public that radioactive water is leaking the group reports significant pletely replacing Indian Point’s 156 aging, troubled emergency from IP2’s spent fuel pool. progress. Pam says that, “It’s a notification sirens by January 30, 2007.This date was confirmed September 29, 2005: A control matter of convincing people rod malfunctions at IP3, forcing in a Draft Confirmatory Order issued by the NRC to Entergy on that this energy is not worth Entergy to cut power immediate- the risk. We are focusing on January 5, 2006 which lays out the requirements of the new siren ly by 35%. better, smarter safer energy. It’s system and the type of backup power required. The NRC issued October 2-9, 2005: Indian Point 3 shuts down following the control a great feeling to go to a board the Final Confirmatory Order on January 31, 2006. According to rod malfunction with no disrup- meeting and have trustees take Entergy, the new sirens will sound in all directions rather than tions or significant price increases. me seriously when I tell them, rotate, and will have battery backup power that can last for October 5, 2005: Entergy notifies this is a real problem. You the NRC that a sample from a twenty-four hours in case of an outage. Entergy has recently have to start with smart plan- monitoring well located in the installed similar sirens at the Pilgrim and Vermont Yankee nuclear IP2 transformer yard shows tri- ning in this town.” tium contamination that is 10 Margo Schepart, a veteran plants.The company also committed to continue upgrades and times the EPA drinking water limit. member of the Indian Point repairs on the current system, which has been plagued with Safe Energy Coalition and one problems for nearly four years. Riverkeeper was instrumental in October 7, 2005:The NRC updates its Special Inspection of the leaders of Wescan resolving this issue, beginning in February 2005 when we joined Charter for the IP2 Tritium Leak (Westchester Citizens Action to include a review of Entergy’s 15 other groups and legislators from Westchester and Rockland Network) is a one-woman, efforts to control the ongoing County in petitioning the NRC to require backup power for emer- leak from the IP1 Spent Fuel Pool. close Indian Point operation. A single-mom, Margo arranges gency sirens at all the country’s nuclear plants. After the petition October 18, 2005:Tritium is detected in five sampling wells her schedule around her daugh- was rejected by the NRC in May, Riverkeeper enlisted the help of around Indian Point 2, while the ter and well, closing Indian New York Senator Hillary Rodham Clinton, who succeeded in leak at the spent fuel pool has increased to about two liters Point. Margo’s apartment is writing an amendment to the Energy Policy Act of 2005 requiring per day. crammed with huge storage backup power and the replacement of the Indian Point sirens. October 18, 2005:Ten of 15 containers packed with Close While Riverkeeper is pleased that steps are finally being taken to Indian Point sirens in Orange Indian Point buttons, bumper County and another four of the stickers, t-shirts, hats—and resolve the siren problem, we remain concerned about the 156 total sirens within the 10- mile evacuation zone fail to timetable, and will maintain public pressure on Entergy, the NRC those ubiquitous rubber sound during a routine test. ducks—her brainchild, actually. and FEMA, to make sure the replacement is completed on time. November 26, 2005: Entergy These days she’s focused on uses underwater cameras and paying rent for the billboard divers in an attempt to identify the source of the tritium leak in she oversaw from start to fin- ing about doing it.” recent rise in people calling to the IP2 spent fuel pool but yields ish. The striking sign (on Route Members of our grassroots learn how they can help no results.

202 heading toward Peekskill coalitions have a new message Riverkeeper’s Indian Point December 1, 2005:Tritium levels near Croton Avenue) urges this year: a future without Campaign—and others starting 30 times higher than EPA limits motorists to oppose giving Indian Point’s risky energy. their own local organizations— are detected in the groundwater at Indian Point. The NRC and Indian Point a 20-year license Everyone working for closure that goal is right on the hori- Entergy both remain in the dark renewal. believes that that future is at zon. about the source of the leak, its duration, whether it had reached What has kept Margo going hand. And the faster our grass- To get involved in your com- the Hudson, and the extent of its all this time? “I do it because if roots base grows, the closer we munity, contact Riverkeeper. I plume. I I wasn’t doing it I’d be think- get to our goal. With the

23 campaignINDIAN POINT

NRC Waffles on New Federal Legislation for Indian Point

BY LISA RAINWATER VAN SUNTUM early support from top elected to a lesser inspection already inspection at Indian Point, the In light of the continuing safety officials in the region, including planned at Indian Point? public and elected officials problems at Indian Point, the New York Attorney General HR 4891 requires that the must proactively work toward likelihood that Entergy will Eliot Spitzer and Connecticut NRC conduct an Independent getting HR 4891 passed in the seek a 20-year license extension Attorney General Richard Safety Assessment (ISA) that House. As we’ve seen time and for both reactors in January Blumenthal. On March 9, replicates the model conducted time again, the NRC is slow to 2007, and how poorly FEMA Senator Hillary Rodham at the Maine Yankee nuclear act and rarely makes decisions and DHS handled mass emer- Clinton (D-NY) announced power plant, following years of in the best interest of the pub- gency evacuations of large met- that she received a commit- poor performance and unplan- lic. Indian Point, with its ropolitan areas in the Gulf last ment from Nuclear Regulatory ned outages. The ISA included myriad safety problems and fall, an important Indian Point Commission Chairman Nils about 24,000 hours of inspec- unworkable evacuation plans, bill (HR 4891) was introduced Diaz that he will order an tions by a 25-member team is a unique plant – the wrong in the U.S. House of Represen- independent safety review of comprised of top NRC engi- plant in the wrong place at the tatives by a bi-partisan coalition the Indian Point nuclear power neers, independent (outside) wrong time. Twenty million on March 7. plant. The verbal commitment contractors, and state employ- residents deserve a truly inde- ees. As a result of this pendent safety assessment as In other words: was the Chairman merely agreeing to vertical and horizontal outlined in the legislation. If a lesser inspection already planned at Indian Point? slice review, the plant the NRC fails to conduct a owners were required Maine Yankee-style ISA on its Co-sponsored by Congress- was made at a Senate Environ- to either fix the gross number own, then federal legislation men Maurice Hinchey (D-NY), ment and Public Works Com- of problems or close the plant. must direct its hand in doing Christopher Shays (R-CT), mittee hearing. In a press (The plant is in its final year of the right thing (this is afterall, Eliot Engel (D-NY), and statement, Senator Clinton decommissioning.) In contrast how Indian Point will get new Congresswomen Nita Lowey indicated that she expects from to this comprehensive inspec- sirens!). (D-NY) and Sue Kelly (R-NY), the Chairman a written confir- tion, the NRC has embarked the bill requires the Nuclear mation that “will incorporate on a new, pared- Regulatory Commission to the elements included in the down engineering conduct an Independent Safety legislation introduced by my inspection: Assessment of vital systems at House colleagues.” She vowed it has far less Indian Point and requires the to draft legislation that would hours – on aver- NRC and FEMA to provide an incorporate these elements, if age approximately explanation detailing the facts the NRC refuses to comply. 800 per review – they relied upon in approving As we’re writing this article, and there are no Indian Point’s emergency plans it is still wholly unclear what outside contrac- for the past four years, despite type of review the NRC Chair- tors or state the findings of the 2003 Witt man has actually agreed to (so employees. Report in which James Lee much so, that NRC officials Regardless Witt – the nation’s foremost had a special conference call of what Chair- authority on emergency plan- to go over transcripts and press man Diaz sub- ning – concluded that the plans releases!), since Indian Point mits in his letter are inadequate to protect the was already slated for a new, to Senator people from an “unacceptable less comprehensive safety Clinton outlining dose of radiation.” assessment. In other words: was the “independ- The House bill has received the Chairman merely agreeing ent” safety

24 25 s e’ currents - . ring ds; one is all om now at float on eek. Her e gh to Pough Patrol Rondout Creek Silver Point – Secur Patrol Esopus Creek uesday uesday oken snow on the docks. small outboar This time of year, with the This time of year, 650: th of the point. Imagine 1240: 1 0700: 1130: om Newbur eak at Blue Point. And I’ve e ynch’s with her winter cover ynch’s Lehigh/Portland Cement dock. Photograph the shore just would like that a lot. Water temp 38, air 28. to the dam at Eddyville. Ther talk of removing this dam to allow fish up above the tide to spawn in the cr Rondout Creek. Marina is closed for the season. Unbr 6th/T the day. really leaves down, you can of see the breakneck pressure threatens development which Now that the entire HR valley. the water is cleaner (cleaner, not “clean”) everyone wants a house by the river – or a condo. Fr covered with marsh grass and camo for duck hunting. as far as the town park. “Clearwater” is alongside L on, sound of hammering inside. The only other boats ar keepsie, it’s house after house keepsie, it’s all the way with only a little br heard that there is a condo development set to go on the ridge overlooking the river just nor what this river valley will look like 100 years fr - ge ge. mit ge” mit ens, about t. This one per an Keur V Patrol close by Put students ashore 340: mitted pollution dischar ee miles south of Pough- may file suit on behalf of may file suit on behalf 1420: 1315: 1 days a big gray sediment plume days a big They’re also into the Hudson. marsh north of the trashing a the water- loading docks and general. front of the plant in of They have NYS Department Environmental Conservation this. Pace (DEC) permits to do U Riverkeeper. Poughkeepsie. Pass over the city water intake pipe. Pough keepsie uses river water for human consumption – after filtering and disinfecting. IBM has a permit to discharge pol- lution 3 miles south of the city forget water intake – and don’t that the tide floods north half Sampling at Casper Creek again at Marlboro and contin- ue north. thr keepsie. Check another DEC per permit because the State does- usually enforce the “elimi- n’t nation” par covers IBM for over 70 differ- ent discharges. I’ve been check- ing it since 2003 and it’s active, more or less, 24/7. This one is from IBM (which has a big plant here) and is labeled DEC SPDES per #0005541. ”SPDES” stands for “State Pollution Dischar really Elimination System.” It’s just a “pollution dischar n. e inter open, y e missing. ee of us go We launch We e . rive at dock to find small security ees. Depart Nyack for Indian Point power Ar and all thr Marlboro. Meet a wo assar chemistr f 0645: 0805: 1015: 0545: as usual. ashore to collect water and sediment samples. Casper Creek runs south through – Clinton Point quarry Tilcon’s which is trashing the stream. There is a big sediment delta at the mouth and on certain Marlboro. Water 41 degrees, Marlboro. Water air 28 degr plant. T boats are tied up on bulkhead – wheelhouse enclosur cabin open, supplies and equipment strewn about, tool- box open and tools on deck been The boat’s in the snow. burglarized. A big Buck knife, the 25mm flare gun kit and a hand held GPS ar Must be kids. Luckily ther was no vandalism. Engine and navigation equipment OK. 5th / Monday 5th / Monday DECEMBER PATROL DECEMBER you’ll never know what You I almost December, find. Last to skipped our final patrol – Plenty of good reasons Troy. early; the weather got cold of ice there was a good chance had core and snow; we still samples to do on Newtown to go Creek; etc. I decided out to anyway and it turned be a good thing. the skif student from Pace Law School and a V Cross over and anchor just south of Casper Creek. Air temp has risen above freezing so snow and ice are melting off the deck which makes things a lot safer

OLFF IPSCOMB L W

PSCOMB I OHN

L J BY ANIEL HN

O D J PHOTO Y

B LOG AND BOAT BOAT PATROL PATROL north and south of the actual 7th/Wednesday into the channel to sample. dock structure which is very Spent the night in Catskill Suddenly smell something like eroded. The plant has dumped Creek. This morning water fuel oil. We’re in the wash of all kinds of waste dirt, sand, temp is 36 degrees. Temp in the passing tug and barge so I scrap steel, concrete, etc. as cabin is 35 degrees and there’s can’t see anything on the fill. There are some big piles a light dusting of new snow. water. I figure the odor is just

waiting on shore so I’m Motor out to the Hudson Clemente – Latham discharge a fluke; continue southbound. expecting more dumping soon through patchy thin sheet ice. 1600: Tivoli Landing. Still and want a “before” picture The forecast for tonight is Forecast is for 6 to 8 inches of smell fuel. There is zero wind, just in case. even colder. This patrol could snow tonight. Southbound, I’ll which combined with the late 1300: Inbocht Bay. Anchor turn out to be a dumb idea. be collecting data for two afternoon winter light makes in 8’ of water at south end Columbia U studies: one look- the entire surface look oily. near cement silos and cause- ing at pollen transport; the Sailors call it a glassy or oily way. Take the skiff into the other recording temperature calm. Stop the boat for a clos- southwest corner of the bay. and salinity from surface to er look. Sure enough, when I Last summer a local fisherman bottom to document any strati- look straight down at the sur- told me that years ago he used fication and salinity change. face I can see sheen – every- to see a big discharge from the 0930: Troy-Menands Bridge. where. Call the “Baltic Sea” Gulls standing on the ice cement plant here. Can’t get in Ice sheet covering almost the via radio and ask for a cell during the summer because of entire width of the channel. phone number. Tell the helms- floating vegetation so I’m hav- 1200: Bald Eagle nest south This kind of thin ice cuts into man that I’m a couple miles ing a look now. No problem, of Albany –nobody home this hull planking. No choice but to south of him and seeing lots all that remains is an old fallen time of year. This was a very push through slowly – the of light oil on the water. He down pump house with mas- well established nest but last grinding sound is horrible. says he’s pushing a load of sive rusted out pipes. summer the property owner There was no ice up at Troy highway diesel; he’ll ask the had a road cut in right close to because the water was moving barge crew to check. I’d like it. Riverkeeper called but too faster near the dam. to run back north after him late; the eagles abandoned the 1035: Port of Albany. No but in 45 minutes it’ll be dark nest. The Endangered Species more ice. Continue south col- and we can’t catch him that people are hoping they’ll lecting data at approximately 5 fast. Also I really hope to return this spring. But I have mile intervals. make Kingston for the night. I my doubts: the road, a clear- 1420: Rip Van Winkle contact the Coast Guard

Pump House ing, porta-john and new dock Bridge/Catskill. Speak via radio base/Saugerties and file a are still there. with the Pilot aboard the report. Continue south. 1500: Back aboard the 1315: Albany. Two survey northbound ship “Envoyager.” 1640: Turkey Point. Still see “Fletcher.” There is a camo boats are taking core samples He’s asking about some huge sheen. Relay an update to CG/ covered boat and a lone duck off the BASF property where white birds he saw earlier this Saugerties. hunter on the south side of the the DEC has ordered a clean- year: Great White Herons or 1700: Kingston/Rhinecliff island in the middle of the bay. up. That’s nice. It’s snowing. Great Egrets? Been below Bridge. Still have heavy oil He’s got a bunch of decoys 1350: Troy. Clemente- freezing all day. Each time I sheen and odor but light is moored out in front of his Latham Cement Plant. Check lower the sampler to the bot- failing. Talk with Coast Guard blind. Traveling north, there the storm drain which runs tom the line freezes a little Sector NY with all details. are 2 duck blinds at Esopus under the property. Earlier this more. It’s like making candles. They apparently had a report Meadows, just south of year there was a yellow sludge 1435: Bald Eagle is on the of a slick earlier today down Kingston, 3 on Green Flats, discharged here. It was exactly wooded spit just south of around Indian Point. Dispatch- 1 on Upper Flats, 3 in Inbocht the same color as the paint on Roeliff Jansen Kill. There are er says CG will contact DEC. Bay, 5 on the south side of the plant itself. Nothing today. two squatter camps here. I 1730: Enter Rondout Ramshorn marsh, 2 just north 1600: Arrive at Troy, the never see an eagle in summer Creek. About 300 yards in, of Roger’s Is., 2 at Four Mile end of the road because the when the camps are in use. run hard into more sheet ice. I point, 1 at Stockport Middle Federal Lock at Troy is closed 1545: Buoy “94” at couldn’t see it, even with the ground, 1 near Mill Creek… for the season. Saugerties Light House. Wait spot light, because the water is to name just a few. 8th/Thursday for the tug “Baltic Sea” push- so completely calm this 0600: Water temp is 34.6 ing a loaded fuel barge to pass evening. Amazing: all day I’ve degrees and air is 12 degrees. northbound then swing back been worrying that tomorrow 26 27 - The

currents . publicity , ed in mass opposi (photo top left) I esult fines– which are a strong ou never know what you’ll f How many other spills have How many other spills Y has r DEC hasn’t imposed any fines DEC hasn’t up and is leaving enforcement to the Coast Guard. occurred? The DEC says there were 63 on the Hudson in 2005. Hopefully about fuel spills and the public concern it generates will encourage the DEC to impose stif incentive for commercial (and pleasure craft) owners to keep their equipment leak free. find. Terminal / Newburgh which Terminal a helicop- we observed during ter patrol h whic - g. t epor Caller reported a discharge of household pollution a discharge Caller reported ge at the Hess atchdog on an education and enforcement initiative and enforcement on an education atchdog : W NY community members, o mont, oblem on DEC land along the Croton River.oblem on DEC land along the Croton is work- Riverkeeper fine of $35,000 has been This was the 2nd major spill On May 6, 2005 we r barge leaked 28,000 gallons Croton on Hudson,Croton NY: a mass littering reported Watchdog A pr ing with the the problem. address to Pier as well as sewage capacity concerns. as sewage as well has reached Watchdog The out t from a private residence. a private from will contact the homeowner Riverkeeper and will request Act Water a violation of the Clean to with regard repaired. be quickly that the problem tion to the proposed project until further study is conducted. study until further project the proposed tion to of the permit the progress monitor will continue to Riverkeeper a supple- requesting the Planning Board and submit comments to mental EIS. ed a leaking bar and after the crew finally the crew and after leak the and reported noticed that the DEC themselves Riverkeeper con- responded. press and several tacted the - also an edi- articles resulted to the authorities torial asking mecha- have better response kind of nisms in place for this 150 miles spill. The slick was respond- long! When the DEC it said that no ed the next day, and that sheen was detected neces- “no remediation was they mean “no I think sary.” remediation was possible.” A imposed. this year – that we know of. In April Most get no publicity. a of gasoline near New Hambur No fines have been imposed yet for this spill. No product was recovered in either case. I I until ained . t ge was rived in Albany ain that dr t. It wasn’ dr . m epor Wake to find heavy Wake Bear Mountain Bear Arrive at Nyack. Been r or eady s ’ ns out the bar ur T 0800: 0130: 2320: wn a st . carrying was The barge snow falling with about 5" on deck alr leaking. It lost about 6500 gallons of diesel fuel between Staten Island and Albany Neither the Coast Guard nor the DEC made contact with the “Baltic Sea” after River- keeper Bridge. Collect last pollen Collect Bridge. study sample. underway seventeen hours underway seventeen Troy. straight since leaving 9th/Friday after the tug ar Snow on deck. er sure there was no leaking fuel, was there sure they which air , e mak o ed t TLINE CALLS as dumping diesel fuel do Poughkeepsie. Empty Dinsmore Point. Danskammer Point: erties, NY: sink- a barge phone call reported An anonymous HO

dinator, assists the Hudson River Team by determining whether the matter should be dispatched to one of our Watchdogs for further for Watchdogs one of our to should be dispatched whether the matter determining by Team dinator, assists the Hudson River as contact

Each month Riverkeeper receives dozens of reports of possible environmental violations. of possible environmental of reports dozens receives month Riverkeeper Each Program Watchdog Wells, Sabrina Riverkeeper’s Ft. Montgomery, NY:application a permit reported Watchdog A in the area systems water well affect that may a development for Saug ing on the East Bank Hudson Riv cars with most of the engines removed.crushed The Coast Guard w not. was there reported has and debris The clean up of the barge the progress. monitor will continue to begun and Riverkeeper Yonkers, NY: a local hospi- phone call tipped us to An anonymous tal that w into the Hudson River.into the Environmental contacted Riverkeeper and Department County Police Westchester Unit at the Security as a issued as well County summons were Westchester two $5,000 fine. com- a certified hire to also ordered hospital was The the leak, clean up the pit and correct to pany did. they which 2110: 1945: 1830: eserve fuel from jugs into

Coor investigation, federal, to referred or local authorities, state Riverkeeper. action by enforcement or become the subject of citizen can Sabrina at 914-478-4501,be reached 242 or 800-21-RIVER, ext [email protected]. sending an email to or by samples of are The following our pollution hotline: by received reports I I

I

¥ temp 20 degrees, wind calm. main tank. r Running at 1250 RPM; speed 6.3 knots against flood, a near half moon making for good visibility on glassy water The hot water discharge from the power plant is steaming like a Hollywood fog machine. morning I’d find the boat morning I’d find the Creek – frozen into Rondout that we never occurred to me even make it in. Only wouldn’t carry on real choice is to just for Nyack. Barge leaking oil on May 6, 2005 at Barge leaking oil on May Newburgh

P A G R T I D E R C O T O H S E L I L O R T A P L A I R E A R E P E E K R E V I H T I W D R O F H S NEW CASES

Ulster County Wetlands Case. In addition to trying to promote wetlands protection by amending New York’s wetlands laws, Riverkeeper has joined with seven Ulster County landowners to petition the DEC Commissioner to re-delineate mapped wetlands M-21 and M-22 which were originally mapped in 1988 and have not been updated since. According to private consult- ants we’ve been working with, the actual wetlands are much larger than those mapped which means that the area is vulnerable to illegal development. The Pace Clinic is gathering evidence to support the petition and expects to file by summer’s end.

UPDATED CASES

Hudson River PCB Superfund Site Riverkeeper Revealed Suppressed Government Comment on Hudson River PCB Cleanup. Comments by the National Oceanic and Atmospheric Administration (NOAA) on the design for the Hudson River PCB Superfund site were covered-up by the EPA. Those Comments were leaked to Riverkeeper, which provided a copy to the New York Times. On December 3, 2005 an editorial entitled, “A Troubling Memo” (available at www.riverkeeper.org), ques- tioned the commitment of both GE and the EPA to “remove the mess without leaving a worse one behind.” The controversial consent decree, which radically departs from the 2002 Record of Decision, is currently before the Department of Justice for approval.

Indian Point Power Plant (Buchanan, NY) On February 8, 2006, Administrative Law Judge Maria Villa determined that the following issues raised by Riverkeeper would advance to the adjudicatory phase of the plant’s draft State Pollutant Discharge Elimination System (SPDES) permit : (1) Whether closed-cycle cooling, augmented by design protections such as wedgewire and Ristroph screens, is the best technology available to minimize IP’s adverse environmental impacts; (2) Whether closed-cycle cool- ing is available technology at IP within the five year SPDES permit period or shortly thereafter; (3) Whether the “technologies” required by the permit will not equal or even approach the protection offered by closed-cycle cooling; and (4) Whether DEC would unnecessarily delay implementation of BTA requirements years after the expiration of the permit.

Hudson River power plant fish kills Bowline’s Clean Water Act permit expired in 1992. Finally, in December of 2005, the New York State Department of Environmental Conservation (NYSDEC) issued a draft of the renewed permit. Unfortunately, the draft permit is woefully inadequate: It fails to require the plant to use the best technology available to avoid killing millions of fish, fish eggs, and larvae each year. In fact, for the first four years of the permit, there are no formal requirements for a reduc- tion in entrainment, which results in over 99 percent of the fish mortality at the plant. Moreover, previous permits required plant outages during May to July to protect young fish. The draft permit omits this requirement altogether. Thus, it is quite pos- sible that fish mortality will increase above historical levels for at least the first four years of the permit. Hudson Riverkeeper and the Pace Environmental Litigation Clinic will appear before the NYSDEC on March 29 to challenge the draft permit.

Catskill Mountains Chapter, Trout Unlimited v. City of New York: Riverkeeper has continued its battle to protect a renowned trout fishing stream and a critical piece of the New York City drinking water system in the Catskills. Following a lawsuit by Riverkeeper and Catskills sportsmen’s organizations, which successfully argued that the discharge of polluted water from the Schoharie Reservoir into the Esopus Creek violated the Clean Water Act, the federal district court imposed penalties on the City totaling over $5.7 million and required the DEP to obtain a SPDES permit within 18 months. Since that time, the Clinic has been actively reviewing and commenting on drafts of the SPDES permit, and participated in an adjudicatory hearing on the permit in October 2005. The Department of Environmental Conservation Commissioner is expected to issue her final decision on the permit by March 21, 2006. In addition, oral argument was heard in federal court in November 2005 on the City’s appeal of the 2002 decision, and a decision from the Second Circuit is expected at any time.

Riverkeeper v. ExxonMobil and Potential Related Actions (Newtown Creek) On January 20, 2004, Riverkeeper initiated our lawsuit against ExxonMobil for violations of the Clean Water Act and the Resource Conservation and Recovery Act. We are represented by the Pace Clinic. The violations stem from decades of underground spills and leaks which left more than seventeen million gallons of petroleum products under Greenpoint, Brooklyn. The spill has destroyed the local aquifer, seeps into Newtown Creek, and produces toxic vapors under hundreds of homes and businesses. Our case aims to force ExxonMobil to aggressively remove oil from the ground, keep it out of the creek, and direct vapors away from homes. As a result of our investigations, local homeowners filed a private action against the company for health and property impacts. That case is being handled by the California firm Girardi & Keese with consultant Erin Brockovich. Riverkeeper has created a quasi task force on the case with officials from the US Coast Guard, the NYS Attorney General, and other state and city offices.

28 A BRIDGE TO NOWHERE

BY ROBERT GOLDSTEIN

The wide bosom of the Tappan Zee lay motionless and glassy, excepting that here and there a gentle undulation waved and prolonged the blue shallow of the distant mountain. A few amber clouds floated in the sky, without a breath of air to move them. The horizon was of a fine golden tint, changing gradually into a pure apple green, and from that into the deep blue of the mid- heaven. A slanting ray lingered on the woody crests of the precipices that overhung some parts of the river, giving greater depth to the dark gray and purple of their rocky sides. A sloop was loitering in the distance, dropping slowly down with the tide, her sail hanging uselessly against the mast; and as the reflection of the sky gleamed along the still water, it seemed as if the vessel was suspended in the air. —WASHINGTON IRVING, THE LEGEND OF SLEEPY HOLLOW

n 1952 construction was begun on a Without the need for a “north-south” the existing span. Communities along the Ibridge spanning the scenic and beautiful rail mass transit link, new bridge propo- Interstate 287-Corridor will endure years Tappan Zee connecting Tarrytown and nents are now foist on the public an “east- of construction followed by years of Nyack. Since its opening the bridge has west” rail mass transit corridor to justify increased traffic on local streets. Sprawl- been the impetus for profound changes in building a second bridge (not indicating type growth into Orange and Sullivan both Rockland and Westchester counties. what they will do to the existing span). counties – and further — will invariably Now it appears that the NYS Department The need for “east-west” rail mass transit follow the Interstate 287-Corridor of Transportation (DOT) has all but is not proven and not cost-effective. A bus development. resolved to build a new bridge across the rapid transit system, which could be incor- Critically, the River environment will Tappan Zee to replace the existing bridge. porated onto a dedicated lane on the exist- be inalterably damaged, there will be no Riverkeeper believes that this is a mistake ing bridge, would better resolve the improvement in air pollution, and an of colossal proportions and will drastically “east-west” mass transit issues. For exam- important habitat of the striped bass and impact the character of the Hudson Valley ple, the rail system (which the DOT has the endangered shortnose sturgeon will as well as having severe and long-lasting rejected for a Suffern-to-Port Chester line) become a long-term construction site. This impacts on the Hudson River. will still require connections from train project will put active construction into the Proponents of a new bridge claim that its stops to workplaces in Westchester; while Tappan Zee for years, and will reverse inclusion of proposed mass transit alterna- a bus route could enter office parks and much of the progress that has been made tives will eliminate traffic and get people shopping areas. in the last 40 years to protect the River out of their cars, but this is without any A new bridge is a boondoggle! environment. basis in reality. Mass transit is a goal that The cost is enormous: $14.5 billion dol- A new bridge is a lose-lose situation for Riverkeeper heartily endorses, and the best lars (minimum). Think about how the $12 all the residents of the Hudson Valley. The proposal on the table (and much further (or more) billion dollars over the $2.5 bil- DOT’s engineers, being single-mindedly along in terms of both planning an fund- lion dollar cost of rehabilitation of the focused on building, building and more ing) is a tunnel planned between New existing bridge might be spent – education, building, have not fully explored their own Jersey and Manhattan which would link social programs, conservation, environ- Alternative 2: Rehabilitation of the existing existing rail lines running from both mental enforcement. Bridge. Residents of the Hudson Valley B

M Rockland and Orange counties to Bridge traffic will not be abated by must force them to take a hard look at this O C S P I Manhattan. This would provide riders with building a new bridge. Most of the meas- most practical alternative. It is the only L N

H I O a “one-seat ride” to New York City. ures that will impact traffic, such as climb- environmentally sound option. J Y B The tunnel proposal obviates the need for ing lanes on the westbound Rockland side, O T O H

P a duplicate mass transit link on a new bridge. could be implemented in conjunction with

29 ~~~~~ A True Hudson River Steward ~~~~~

Allen Monks, owner of Allen’s his car in to my shop for repair. While sole proprietors “don’t Import Service, an auto repair Now I was in a position to ever really get a day off,” liv- shop in Highland Falls for over really make a difference, and as ing on the boat enables Allen 30 years, recalls the Riverkeeper I became better acquainted to “take a vacation every day,

s bumper sticker he relished dis- with John and Riverkeeper’s right in my own backyard.” tributing to his customers – work, I devised a way to do “All I can say to Riverkeeper is

w “The Hudson River – the just that!” keep up the good work, and Beauty is Ours to Keep.” For nearly twenty years now, thank you for protecting this e Allen’s love affair with cars and Allen has donated $1 from beautiful, natural gift that with the Hudson River began every car he fixes at his shop to belongs to all of us.” n when he was teenager in the Riverkeeper. To date, that has And thank you, Allen, for sixties growing up in Cornwall. amounted to nearly 700 gifts being a special steward of the r “When I wasn’t restoring my approaching $30,000! Hudson, in every sense of the

e 1953 Jaguar XK120, my friends “This is so simple, I don’t word. and I would climb to the top of know why more business own- Allen’s Import Service is b Storm King Mountain to escape ers don’t do it,” says Allen. located at 269 Main Street in the turbulence and unrest of “Once a week, I mail a check Highland Falls in Orange

m the times,” says Allen. “At that when I do the payroll. The County, NY and can be time, the Hudson River was amounts are small, so it’s easy, reached at 845-446-4283. e grossly polluted, and the grass- it’s painless, and as you can If you would like to initiate roots movement to restore the see, it can add up to a lot over a similar program for your

m Hudson River and the commu- time.” business, please contact nities that depended upon it Just like his love of cars, Riverkeeper’s Director of began to emerge. Twenty years Allen’s love of the Hudson has Development, Marianne later, well established in my continued to blossom. Today, Gardiner, at 914-478-4501, own business and with the he’s the proud owner of a 40- extension 238, or at

Hudson on its way to restora- foot trawler, the “Gardner [email protected] I tion, John Cronin, then the McKay” on which he lives full- Hudson Riverkeeper, brought time from April to November.

his winter, some good Alex Matthiessen addressing friends of Riverkeeper gra- community members from Tciously hosted community Columbia County , NY. News about gatherings in their homes to Riverkeeper events, better acquaint their friends volunteers, staff and donors and neighbors with our mis- sion and raise money for our efforts. Specifically, residents of Bedford and Hudson, NY learned they have good reason to be concerned with the effects of sprawl and rampant development on their water quality. Thanks to Robert and Doni Belau and Victor Cornelius for lit- erally “opening the door” to some new supporters!

30 BY ROBERT GOLDSTEIN UNIDENTIFIED Understanding the import of this revela- his edition’s unsung hero cannot tion, Riverkeeper directed the comments be identified. It’s not that we don’t to Anthony DePalma at the New York Tknow who it is, but sadly, identify- UNSUNG Times whose careful research resulted in ing the person would end the individual’s his page one Metro Section “above the long and distinguished career at a federal fold” article on November 21, 2005. On agency. This person has done nothing HERO December 2, 2005, the Times editorial wrong, committed no crime, nor violated page reversed its “wait-and-see” approach any ethical rules. This person has merely to the PCB cleanup, calling for officials to voiced an opinion that was unpopular in revealed that the GE-EPA agreement may hold the feet of both EPA and GE to the an agency whose culture has been reshaped allow for the capping of much of the con- fire. And on December 7, 2005 Attorney by the current Administration’s tilt to the taminants in the River, despite the legally General Elliot Spitzer did just that, with far right on environmental issues. This per- mandated EPA-ordered remedy of dredg- Congresspersons Hinchey and Lowey fol- son is a true-to-life hero; a whistleblower ing and removal of the toxic sediments. lowing suit. in the best sense of that term. Although it is certainly still possible that The questionable Consent Decree is Governments must abide by the law: GE will get its way, the light shined on pending at the Department of Justice. As whether it is a Constitutional provision their “agreement” by our whistleblower this piece is being written, the outcome is like the 4th Amendment which protects has inspired others, including the editorial uncertain, but the light shined on the people from unlawful search and seizure; board of the New York Times to carefully problems associated with the design of the or an environmental law that protects peo- examine the GE plan, and speak out remedy has assured us that rubber-stamp- ple from devastating health consequences. about its flaws. ing of this agreement is less likely – This is a nation of laws and without that GE, and the EPA technocrats, for that though not impossible! understanding, no mere election can foster matter, were relying on the highly techni- The difficult question that we have to democracy. But in an atmosphere where it cal nature of the voluminous reports they face is whether this is the run-of-the-mill is the whistleblower that is pursued, rather were releasing in support of their agree- government incompetence, or whether this than the official law-breaker, those who ment (the intermediate design report (IDR) is part of a disturbing pattern of govern- show the courage to come forward must contains 1144 pages of dense technical ment repression on ideas and speech that be protected. material, and the consent decree is laden has grown like a cancer during the past 5 Whistleblower laws were passed to with 2431 pages of jargon filled appen- years. Statements on the severity of cli- protect those who, like our unsung hero, dices). Thinking it impossible for the mate change by James Hansen, director of voice their objections when they see public to grasp such minute detail, they NASA’s Goddard Institute of Space Studies wrongdoing. But of late we have seen the assumed that the multitude of shortcuts have been censored by the space agency. whistleblowers pursued, while the wrong- and flaws in those GE-prepared docu- Iraq war protester Cindy Sheehan was doers are left alone. This is evident in the ments would escape scrutiny, especially in arrested for wearing a t-shirt during the most recent government inquiry over the light of the EPA’s repeated failure to fulfill state-of-the-union address. Speech every- revelation that the National Security requests under the Freedom of Information where is being chilled. And on the hori- Agency, under an Executive Order from Act, and in light of the unconscionably zon, the Supreme Court is being stacked the president, is listening-in on telephone short public comment period. Observing with those who espouse the view that the calls without warrants from the designat- this, our whistleblower knew that unless – executive branch has a free-hand during ed, and secret courts created by the he or she – acted, the Superfund law would war-time. Foreign Intelligence Surveillance Act be thwarted and the resulting cleanup In these troubling times it is inspiring (FISA). Sadly, the focus of the current would leave unacceptable levels of PCBs that there are still those like our whistle- Department of Justice is on who leaked in the River. blower out there fighting to protect the this news, rather than curtailing the illegal While revealing no secrets, our whistle- integrity of our government, and doing so practice, or stopping it altogether. blower released the comments of a sister at great risk. These people are deserving Our whistleblower may have single- government agency, a 73-page rebuttal to of our respect and support. Riverkeeper handedly prevented the General Electric the IDR by the National Oceanic and chooses this forum to honor one who has Company (GE) in its attempt to gloss over Atmospheric Administration (NOAA) truly made a difference. In this climate of the cleanup of the Hudson River PCBs which was embargoed by those who dis- increased government intrusiveness that that it has been dumping there since 1947 agreed with it. The comments were dra- has “chilled” many aspects of free speech, — illegally dumping for most of that time matic and telling. But their suppression our Whistleblower is all the more a hero,

– despite what the mega-corporation’s PR was even more telling: Dissension was no now unsung, but a hero nonetheless. I machine will tell you. Our Whistleblower longer being tolerated. 31 Getting in touch with Riverkeeper…

Address E Mail 828 South Broadway [email protected] Tarrytown, NY 10591 White Plains Office Fax 914.422.4343 914.478.4527

Phone Save the Date!!! 914.478.4501 SHADFEST Website Sunday, www.riverkeeper.org May 21, 2006

Riverkeeper 828 South Broadway Tarrytown, NY 10591