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SPRING 2005 Our Secret Epidemic Raw Sewage Threatens Human Health and the Environment Board of Directors D EAR R IVERKEEPER M EMBERS, Richard Knabel, President Robert F. Kennedy, Jr., Vice President In Governor Pataki’s State of the State address last year, he declared his George R. Hornig, Treasurer Peggy Cullen, Secretary commitment to making the Hudson River swimmable from Albany to John P. Abplanalp Doni Belau New York by 2009 – the 400th anniversary of Henry Hudson’s discovery Brenda L. Boozer Lorraine Bracco of Muhheakantuck, “the river that flows both ways.” Setting aside that Hamilton Fish Robert Gabrielson we will have missed the Clean Water Act’s target date for a nation of Anne Hearst Henry Lewis Kingsley swimmable (and fishable) rivers by 22 years, that’s nonetheless an ambi- Karen Kelly Klopp Alex Matthiessen tious and visionary goal and we applaud the Governor for it. But a closer John McEnroe look reveals what’s behind the Governor’s pledge and how difficult Dennis Rivera Dr. Howard A. Rubin fulfilling it may be. Seymour Schwartz Ronald A. DeSilva, Emeritus When pressed, the Governor’s staff acknowledge that he meant only to commit himself to rendering Arthur Glowka, Emeritus the River swimmable from Albany to New York City – in other words, only down to the George Staff Washington Bridge. That was an admission that making the waters around Manhattan entirely safe to ALEX MATTHIESSEN Hudson Riverkeeper swim in is not possible in a mere five years. Given the City’s outdated combined sewage and stormwater & Executive Director ROBERT F. K ENNEDY, JR. collection and treatment system, and its decades-old failure to comply with its Clean Water Act permits, Chief Prosecuting Attorney we would agree. JOHN HANNAN Chief Financial Officer What is unpardonable is that New York City officials are trying to get off the hook from ever having TARA D’ANDREA Grants Officer to properly repair its antiquated water treatment system. Instead of upgrading the system to meet SARA FROIKIN Program Associate/Hudson River current federal water quality standards, the City’s plans are to just lower the standards! City leaders LEILA GOLDMARK Watershed Attorney apparently think it’s good public policy to condemn New Yorkers to a permanently polluted New ROBERT GOLDSTEIN York Harbor that’s forever off limits to hazard-free swimming. Riverkeeper plans to employ whatever Senior Attorney/Hudson River ROSE MARIE GRANDE legal and media strategies necessary to ensure that Mayor Bloomberg and the City commit themselves Watershed Support JOHN LIPSCOMB to fixing the system and restoring beaches and swimming for City residents. Boat Captain As you will read in our cover story, sewage has become a problem of nearly epidemic proportions, STELLA LIROSI Operations Manager not just in New York City, but up and down the Hudson River Valley. With most of the Valley’s LIZ NOLAN Executive Assistant sewage treatment plants having been built in the early post-war years, the system is on the verge of MARY BETH POSTMAN Assistant to Robert F. Kennedy, Jr. collapse. The solution is a matter of money and political leadership. In addition to our role as law LISA RAINWATER VAN SUNTUM Indian Point Campaign Director enforcer, Riverkeeper will be working to help put a plan and funding in place to upgrade the Valley’s MARTHA J. RUEST sewage infrastructure, while capping the run-away development that can follow increased sewage Senior Development Officer BASIL SEGGOS treatment capacity. Investigator ASIA SHERMAN Also in this issue of Riverkeeper, you will read about our efforts to gear up for our fight to stop Development Associate Indian Point from getting a license extension for another twenty years, which is critical to our plans to NICOLE STANGARONE Membership Communications Officer retire the plant. Continuing our guest writer series, we have included an excerpt from Crimes Against VICTOR TAFUR Hudson River Attorney Nature, Riverkeeper Chief Attorney Bobby Kennedy’s indictment of the Bush Administration and TERESA WALSH Events Coordinator its appalling and traitorous environmental record. You will also travel with us up the Hudson as we BILL WEGNER Watershed Analyst recount the highlights of our October patrol, where we focused our sights on the sprawling develop- CHRISTOPHER M. WILDE Watershed Attorney ment proposed for the River’s shores. And finally, you’ll read about unsung heroes, Joni and Joe MARC YAGGI DiMauro from Mt. Kisco Seafood, who have devoted their lives and business to supporting the work Senior Attorney/Watershed of Riverkeeper and other community groups, and educating their customers about sustainable fish ® consumption practices. KIM BARRON As always, I am grateful to all of you who support us year in and year out. When I became the Graphic Designer Riverkeeper nearly five years ago, I set out to build a grassroots army of citizen activists in order to © RIVERKEEPER 2005. READERS’ LETTERS & COMMENTS WELCOME. take on the ever-present threats to clean water. With your financial support and can-do attitude, that RIVERKEEPER IS A REGISTERED TRADEMARK AND SERVICE MARK OF is exactly what we, together, have done. RIVERKEEPER, INC. ALL RIGHTS RESERVED. —Alex Matthiessen, Hudson Riverkeeper & Executive Director PRINTED ON RECYCLED PAPER, NATURALLY Riverkeeper is the official publication of Riverkeeper Inc., an independent, member-supported environmental organi- zation. Founded 39 years ago 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 nearly 130 Waterkeeper programs across the nation and beyond. Riverkeeper is a regis- tered trademark and service mark of Riverkeeper Inc. All rights reserved. 2 Letter from The Hudson Riverkeeper. 4 Watershed News. Lewisboro, Watershed Protection. Stroud Water Research Center’s New Scientific Report. Save Open Space. Watershed Development. 9 Our Secret Epidemic, Part 1: New York City. Raw Sewage Threatens Human Health and the Environment. Every time it rains, stormwater washes pollutants from 13 city streets into underground sewer pipes. There, it mixes Indian Point Features. Indian Point’s License Renewal. IP and the Latino Community. with raw sewage from commercial and residential buildings. Westchester High School Student Moderates Indian Point Debate. IP’s Evacuation Plan Rejected. About once a week, on average, the volume of this toxic 19 brew exceeds the capacity of the system, and untreated Currents. Patrol Boat Log. Notes from the October Patrol. sewage overflows into New York Harbor and other water- (See page 27 for Hotline Calls.) 21 ways in and around the City’s five boroughs. The Docket. 22 Member News. Reflected Light II. Riverkeeper’s Unsung Heroes. Crimes Against Nature. New Staff. 26 Guest Writer. Croton Point and Hudson River Water Testing. By Chemistry in the Community, Fox Lane High School. About Our Cover. Photo by Giles Ashford, 2004. A combined sewer overflow (CSO) discharges raw sewage and stormwater runoff into Newtown Creek. “OLD FIELDS” IN LEWISBORO. watershed news LEWISBORO, LEADING THE WAY Watershed news is an update of Riverkeeper’s IN WATERSHED PROTECTION efforts to protect New York City’s water supply. Riverkeeper cannot successfully protect the New York City watershed without strong commitment and leadership from watershed municipalities. We commend the Town of Lewisboro for its recent watershed achievements, which are outlined below. BY LEILA GOLDMARK Code Chapter §217 sets a component of wetlands and Environmental Laws laudable policy and states that watercourses, such buffer Tightened in 2004 the “integrity and realization areas provide essential func- Bolstered by support and of the full potential of wetland tions and values.” Bedford and scientific literature provided and watercourse functions, Somers currently are consider- by Riverkeeper in 2003, Lewis- and benefits, is inextricably ing similar buffer expansions, boro adopted a comprehensive, linked to the presence of while Pound Ridge and South- forward-thinking wetland pro- intact, undisturbed natural east have buffer protections tection ordinance in January communities of adjacent that extend to at least 150-feet. 2004, which now protects ‘buffer areas’ surrounding In November, the “buildable 150-foot wetland buffers wetlands and watercourses. area” definition contained in (up from 100 feet). Town As an interlocking landscape Chapter §220 – Zoning Code 4 “Smart Growth” In 2003, the 111-acre the Town will investigate addi- on the Horizon Houlihan property was pre- tional best management prac- In 1998, Lewisboro, North served with contributions from tices, application standards, Salem and Pound Ridge part- Westchester County ($1 million), and guidelines to reduce road nered to conduct the Eastern New York State ($1 million), salt application. Westchester Biotic Corridor the Town land acquisition Project, which was coordinat- fund ($500,000), and other The Town also understands ed and implemented under the private donors ($1.7 million). the need for septic system up- expertise of the Metropolitan This acquisition protects the grades and now is revising its Conservation Alliance. A study Cross River Reservoir and current law so that the defini- report was completed in 2002, forms the hub of the trails tion of “new home” will cap- and now the three Towns will system in Lewisboro. ture tear-down and expansion use this work as the basis for building applications that sur- future action. In December Town Supervisor James pass a specified expansion per- 2004, the Towns entered into Nordgren also reports that the centage. Thus, installation of an Inter-Municipal Agreement Town plans to sign a contract up-to-date septic systems (IMA) regarding future plan- in early-2005 that will protect would be required. ning and preservation within an additional 383-acre parcel. the roughly 25,000-acre Biotic To date, contributions will Other efforts are underway Corridor. Specifically, the Towns come from the Town fund to restore and maintain the agree to 1) identify the area ($1 million), New York City Town’s lakes.