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 Given the City’s outdated combined sewage and stormwater & Executive Director ROBERT F. K ENNEDY, JR.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. 4 efforts toprotect Watershed news New York City’s is anupdateof water supply. Riverkeeper’s watershed news IN L Lewisboro foritsrecentwatershedachievements, whichareoutlinedbelow. commitment andleadershipfromwatershedmunicipalities. We commendtheTown of Riverkeeper cannotsuccessfullyprotecttheNewYork Citywatershedwithoutstrong (up from100 feet). Town 150-foot wetland buffers 2004, whichnow protects tection ordinanceinJanuary forward-thinking wetlandpro- boro adoptedacomprehensive, by Riverkeeperin2003,Lewis- scientific literatureprovided Tightened in2004 Environmental Laws “O Bolstered bysupportand EWISBORO LD B F Y IELDS W L EILA ” IN ATERSHED L G EWISBORO OLDMARK . , L As aninterlocking landscape wetlands andwatercourses. ‘buffer areas’surrounding communities ofadjacent intact, undisturbednatural linked tothepresenceof and benefits,isinextricably and watercoursefunctions, of thefullpotentialwetland the “integrityandrealization laudable policyandstatesthat Code Chapter§217setsa AIGTHE EADING P ROTECTION Chapter §220 – ZoningCode area” definition containedin that extendtoatleast150-feet. east havebufferprotections while PoundRidgeandSouth- ing similarbufferexpansions, Somers currentlyareconsider- tions andvalues.”Bedford areas provideessentialfunc- watercourses, suchbuffer component ofwetlandsand In November, the“buildable W AY “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. Seven lake com- and boundaries of the Biotic Department of Environmental munities in Lewisboro contain Corridor; 2) identify the Protection (DEP) ($1 million), approximately one-third of the appropriate balance of growth private donors ($5.5 million), homes in the Town, and all the 2005

AIR and preservation to be achieved; and additional proceeds will lakes are stressed. The Trues- F and 3) work individually and be raised by resale of existing dale community and Three ENRY collectively to review town structures. Lakes Council both have done © J. H codes, zoning and wetland extensive studies on impacts HOTO

P ordinances, and overlay dis- Regarding a third property, from stormwater runoff, fertil- tricts. Riverkeeper hopes that Supervisor Nordgren also izers and failing septics, and this IMA can be a model for reports that a public hearing plan to form special taxing future regional cooperation has been scheduled on DEP’s districts to implement necessary throughout the New York plan to purchase 100 acres of water quality improvement was revised so that the calcu- City watershed. steep terrain just east of the projects in upcoming years. lation for the required mini- Muscoot Reservoir, creating a mum lot area for subdivisions Land Acquisition Protecting 400 acre parcel of open space In addition, Lewisboro has “shall not include land under NYC Watershed to buffer the reservoir, as 300 demonstrated its commitment water, land meeting the defini- Lewisboro has demonstrated adjacent acres already are to wind energy and has re- tion of ‘wetland’ and land how partnerships among inter- preserved. solved to purchase 25% of its with slope of or greater that ested parties can leverage municipal energy supply from fifteen percent (15%).” Prior enough money to make signifi- Looking Forward: wind power sources at effec- law excluded only slopes of cant land acquisitions, even in Environmental Initiatives tively no extra cost. This effort or greater than twenty-five Westchester’s steeply-priced for 2005 to secure alternative energy percent (25%), along with market. In 1999, the Town’s Lewisboro understands that supplies supports Lewisboro’s submerged lands and wet- Conservation Advisory Com- excessive use of road salt can resolution calling for the shut- lands. The revised standard mittee conducted an open contaminate ground and sur- down of the Indian Point will achieve water quality ben- space inventory, and in 2000, face waters, cause habitat nuclear power facility. efits because allowing smaller voters overwhelming approved alterations, kill vegetation, buildable lot areas will reduce borrowing $2 million to start and corrode infrastructure. Riverkeeper applauds these paved surface areas in new a land acquisition fund. The In only a one year period, in- many achievements and looks developments, and further lim- Town is well on its way to novative Highway Superinten- forward to continued coopera- iting construction activities on meeting an initial goal of pre- dent Peter Ripperger cut salt tion with the Town as we all steep slopes will reduce the serving 1,000 acres. use by 33% by recalibrating strive to protect the New York potential for soil erosion. equipment. In the coming year, City watershed. ■ 5 New Scientific n the fall of 2004, upon of the 2-phase, 6-year enhanced changes in land use are completion of its first three water quality monitoring pro- measurable and therefore Report Confirms Iyears of enhanced water gram include significant asso- further changes (urbaniza- quality monitoring in the New ciations between development tion) could lead to measura- Development York City (NYC) watershed, and water quality impairment ble degradation of macroin- watershed news Stroud Water Research Center in the NYC watershed: vertebrate communities and Is Impairing released its Phase I report. The water quality. Water Quality report identifies water quality ■ Macroinvertebrate indices trends at 60 sites in the water- for sites located in the EOH ■ Stroud’s analytics revealed B Y W ILLIAM W EGNER shed and supports them with watershed indicated a range shifts in macroinvertebrate rigorous statistical analysis of of biological impairment at dominance and species re- three years of data collection sites with higher amounts of placement that can ultimately in the 2,000-square-mile water- paved surfaces, higher popu- be used to assess biological shed that supplies unfiltered lation densities, and greater health at sites in early stages drinking water to approximately flow contributions from of change due to altered nine million New Yorkers. known point source dis- habitat and/or water quality.

. Stroud’s Phase I report indi- charges, such as sewage What this means: Stroud’s

EGNER cates that sprawl is impairing treatment plants. data and scientific method W stream function and water What this means: Paved provide a sensitive analytical

ILLIAM quality in the East-of-Hudson surfaces and other factors tool to detect subtle changes

© W (EOH) watershed at a greater associated with sprawl are in the health of watershed HOTO

P rate than in West-of-Hudson impairing stream function streams as land use or water STROUD CONDUCTING WATER CHEMICAL (WOH) watershed streams and therefore water quality quality change. TESTING IN THE MUSCOOT RIVER. and that wastewater treatment in the EOH watershed. plants in the EOH watershed ■ Fecal steroid data suggested The apparent trends are contributing measurable ■ Human waste contributions that human sewage was a that emerged from amounts of contaminants to (caffeine, fragrances, fecal constant and dominant the City’s unfiltered drinking sterols) were positively cor- source of fecal contamina- Stroud’s first annual water supply. related with permitted dis- tion at sites in both EOH report during Phase I Over the next three years, charges in EOH drainages. and WOH watersheds. Phase II of Stroud’s enhanced What this means: The study What this means: Most of of the 2-phase, 6-year monitoring program will shift identified sewage treatment the fecal coliform bacteria enhanced water quality focus from the 60 Phase I sites plants in the EOH water- entering surface water sup- to investigate water quality shed as contributors of plies result from wastewater monitoring program farther upstream from the chemical contaminants to treatment plant effluent and include significant drinking water reservoirs. This the surface water supply. failing septic systems, not effort will help to identify spe- from geese and other wildlife. associations between cific sources of contamination ■ In the WOH watersheds, development and water in the drinking water supply macroinvertebrate indices ■ The water quality scores and will enable regulatory were not related to any land for 19 of the 30 WOH quality impairment in agencies to implement appro- cover/use or water chemistry sites showed no biological priate mitigation measures variable. However, there impairment. In contrast, the New York City where they are required to were measurable and pre- only 4 of the 30 EOH sites watershed. prevent water quality degrada- dictable changes in water showed no impairment. tion. Based on the findings of chemistry associated with What this means: EOH the Phase I report, it is clear changes in land cover/use watershed streams are sig- that our anti-sprawl efforts (agriculture vs. forest) across nificantly more impaired are at a critical juncture. the WOH watersheds. than WOH watershed What this means: The streams. Specific Report Findings WOH watersheds are not The apparent trends that yet impaired by develop- Stroud’s full report is available emerged from Stroud’s first ment, but the changes in at www.stroudcenter.org/ annual report during Phase I water chemistry due to research/newyorkproject.htm.■

6 SAVE OPEN SPACE: Support the “Community Preservation Act” By Christopher M. Wilde

Throughout New York State, untouched landscapes are becoming successful voluntary programs on an endangered species of sorts, as developed land outpaces popu- Long Island, where towns faced lation growth. Indeed, Putnam County had the second highest rate with runaway growth and disap- of population growth in the state from 1990-2000, and sprawl pearance of farmland received per- development is occurring there at an alarming rate. Faced with mission from the state to create a this threat to New York’s remaining open space, drinking water 2% real estate transfer fee. Since supply, and quality of life, Riverkeeper is supporting a state leg- late 1998, those fees have generat- islative effort to give local communities tools to help preserve their ed over $150 million for land pro- remaining undeveloped land. tection, allowing the participating The proposed Community Preservation Act would give New towns to spend seven times more York towns the ability to use a real estate transfer fee to create on preservation than traditional “THE GREAT SWAMP, A PLACE WHERE ‘OPEN SPACE’ HAVE BEEN MAGIC WORDS community preservation funds that would be used to protect lands sources of funding would. FOR A LONG TIME.” identified in a town preservation plan. Towns would be authorized Riverkeeper believes the legisla- to introduce voter referendums and pass local laws to impose a ture’s effort to extend this successful program statewide will one-time fee on homebuyers of up to 2 percent of the purchase give towns an opportunity to plan for and fund the protection of price above the median home value in the county. This revenue undeveloped land, natural resources, and quality of life through- would be used strictly for the protection of land identified in a out New York. As opportunities arise to support this important town preservation plan. legislation, we will notify our email action alert subscribers (join The Community Preservation Act is modeled on a number of at www.riverkeeper.org) of how they can help. ■

WATERSHED DEVELOPMENT PROJECTS UPDATE By Christopher M. Wilde The watershed team continues to work on a number of intensive Putnam Valley for massive senior housing projects, without con- sprawl development projects. Below is a sampling of these projects: ducting the necessary environmental impact review. The spectre of ongoing litigation and continued pressure during public forums led Belleayre Resort at Catskill Park the town to repeal the law. We continue to participate in the environmental review and permitting process for this massive resort development in the Terravest heart of the Catskills. The project proposal includes two hotels, Riverkeeper continues its advocacy regarding the Terravest project two 18-hole golf courses, hundreds of time-share units, a residen- – a proposed commercial development in Southeast consisting of tial subdivision, and two sewage plants on the steep slopes east five commercial buildings totaling nearly half a million square feet and west of the Belleayre ski resort. Together with other members (sf), a 60-unit single-family senior housing development, and a 15- of the Catskill Preservation Coalition, we have presented expert acre town park. We have preserved our ability to appeal the State testimony to highlight for the Department of Environmental Supreme Court’s recent ruling that adequate consideration had Conservation’s Administrative Law Judge (ALJ) the various been given to lower-impact alternatives prior to the Planning Board deficiencies found in the environmental review of the project. approval. We also continue to participate in the public hearing and For example, the project applicant misused the model for predict- comment process for town wetland permits for the project. ing stormwater runoff, overlooked significant visual impacts, and failed to consider reasonable alternatives for the project. Following Meadows at Deans Corners this process, we recently completed briefing the ALJ on which We have completed briefing on our appeal of the State Supreme issues should be adjudicated in a trial-type setting. The judge’s Court’s ruling on our lawsuit challenging the adequacy of environ- decision is expected soon. mental review for the Meadows at Deans Corners project, a pro- posed 104-lot subdivision. The court found the Southeast Planning Putnam Valley Board had taken the requisite ‘hard look’ at changed circumstances Riverkeeper achieved victory in our campaign against the ill- and new information that had accumulated since environmental conceived Putnam Valley senior housing law, which has been review was conducted over a decade ago. The appeal has been repealed. In 2002, Riverkeeper filed a lawsuit alleging the town fully submitted to the Appellate Division in Brooklyn, and we had passed the law, which essentially opened up 14,000 acres of await scheduling of oral argument in the coming months. ■ 7 What We Do and How You Can Help

Founded 39 years ago by fishermen and Ways to Contribute Planned Giving community members to confront polluters for In joining Riverkeeper you become part of a You can help ensure the future of the Hudson control of the Hudson River, Riverkeeper has community of people fighting to protect the River and its watersheds by including investigated and successfully prosecuted Hudson River from pollution and harmful Riverkeeper, Inc., in your estate planning. more than two hundred environmental law- development. Membership begins at $10 for Planned giving might be done by way of breakers and is credited with having led the students, senior citizens and persons on limit- bequest or charitable trust, for example, and battle to restore the Hudson River and to save ed income and extends to gifts of $500 or might include real estate, stocks or bonds. New York City’s drinking water supply. Today, more. All members including Atlantic Silver When preparing a will, consult an attorney. the Hudson River is the only major estuary on Sides ($10) and Blue Crabs ($25-$99) receive We recommend the following language be the Atlantic coast of the United States that still our newsletter, invitations to events and a considered for use in a will: retains spawning stocks of all its native fish Riverkeeper decal. Striped Bass members species. Riverkeeper has helped to establish ($100-$249) also receive a Riverkeeper cap. “To Riverkeeper, Inc., a not-for-profit, tax globally recognized standards for waterway and American Shad members ($250-$499) also exempt organization incorporated by the laws watershed protection and serves as model and receive a Riverkeeper tote bag. Atlantic of the state of New York in 1983, having as its mentor for the growing Waterkeeper move- Sturgeon members ($500-$999) also receive address 25 Wing & Wing, Garrison, New York ment that includes nearly 130 Waterkeeper a Riverkeeper fleece vest. If you join at the 10524-0130. I hereby give and bequeath programs across the country. Please visit our Friends of the Hudson ($1,000-$4,999) or ______to be used for Riverkeep- website at www.riverkeeper.org. Hudson River Steward Circle ($5,000-$9,999) er’s general purposes.” level you will also receive an invitation to go on a patrol mission on the Riverkeeper vessel. For additional information about planned How We Operate giving opportunities, please contact River- Through citizen complaints and our own When making cash contributions, check to see keeper’s Chief Financial Officer, John Hannan, investigations, we root out polluters and other if your company matches charitable contribu- at 1-800-21-RIVER or 845-424-4149 ext. 229. threats to the Hudson and New York City tions by employees. It could double your gift watershed. We rely on Pace University Law to Riverkeeper. For more information about School’s Environmental Litigation Clinic to contributing to Riverkeeper, please contact How to Join bring them to justice. With Robert F. Kennedy, Nicole Stangarone, Membership Associate, at To join Riverkeeper, simply fill out the form Jr., and Karl S. Coplan at the helm, 10 stu- 845-424-4149 ext. 236. below and mail it along with your contribution dents work as attorneys each semester bring- to: Riverkeeper, P.O. Box 130, Garrison, NY ing lawsuits against polluters. The students Gifts of Stock 10524-0130. Please check the appropriate box and fill in the amount below or log on to our receive special permission from New York Gifts of appreciated securities are an effective website at www.riverkeeper.org. State to practice and provide Riverkeeper with way to help Riverkeeper and realize significant the equivalent of as much as $1 million in tax advantages at the same time. To find out legal services each year. more about contributing stock, contact River- keeper’s Chief Financial Officer John Hannan.

❍ Atlantic Silver Side (students, senior citizens, limited income) ...... $10 ❍ Blue Crab ...... $25 – 99 ❍ Striped Bass...... $100 – 249 ❍ Please sign me up for ❍ American Shad ...... $250 – 499 Riverkeeper’s Activist Listserv. ❍ Atlantic Sturgeon ...... $500 – 999 I want to be notified by email ❍ Friends of the Hudson ...... $1,000 – 4,999 about public hearings, letter- writing campaigns and other ❍ Hudson River Steward Circle ...... $5,000 – 9,999 activist events. My email ❍ Enclosed is my check or credit card authorization for $______address is included below. ❍ I would like to charge my contribution on my: ❍ VISA ❍ MC ❍ AMEX Exp. Date___/___/___

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8 e-mail By Reed Super and Daniel Wolff with contributions from Michael Misner Our Secret Epidemic Raw Sewage Threatens Human Health and the Environment 2004. SHFORD A

ILES THE NEWTOWN CREEK WATER POLLUTION CONTROL PLANT IS CURRENTLY UNDERGOING AN

© G UPGRADE. HOWEVER, EVEN WITH THE NEW ADDITIONAL CAPACITY, CSOS NEAR THE PLANT WILL CONTINUE TO DISCHARGE INTO NEWTOWN CREEK AFTER RAINSTORMS. HOTO P

emember the massive northeast blackout of August 2003? New York City’s sewage pumps lost power, backup Rgenerators failed, and nearly 500 million gallons of raw sewage spilled into the East and Hudson Rivers. The evening news ran stomach-turning footage of waste gushing from pipes. Health alerts were posted. Local beaches closed. An environmental emergency? Certainly. A rare event? Unfortunately not. That much raw sewage flushes into our waterways every week, all year long. Every time it rains, stormwater washes pollutants from city streets into underground sewer pipes. There, it mixes with raw sewage from commercial and residential buildings. About once a week, on average, the volume of this toxic brew exceeds the capacity of the system, and untreated sewage overflows into New York Harbor and other waterways in and around the City’s five boroughs. All it takes is a steady rainfall – at least one quarter inch per hour – to trigger hundreds of combined sewer overflows (CSOs). 520 million gallons of untreated combined sewage every week! 27 billion gallons a year! That’s 10,000 foot-

ball fields covered 9 feet thick with sewage dumped directly into New York Harbor. (continued on page 10)

9 DIAGRAM OF A COMBINED SEWER OVERFLOW (CSO) Our Secret Epidemic City: Some 85,000 acres. Even (continued from page 9) as record numbers of citizens flock to the urban waterfront,

his summer, our patrol our sewage system regularly . boat made its way up pollutes those waters with ROGRAM TNewtown Creek on the toxic chemicals and disease- P

Brooklyn-Queens border to causing agents, known as STUARY E investigate the extent of the pathogens. ARBOR

CSO problem. This 3.5 mile That’s the sordid state of H

tidal inlet is the kind of small, affairs in New York City, by ERSEY J

confined waterbody where far the worst sewage offender, EW /N

sewer outflows do the most but the Harbor also suffers ORK Y

damage. It was after a rain- from CSO discharges in Jersey EW N storm, and as the Riverkeeper’s City, Elizabeth, Hoboken, investigative team rounded a Weehawken, Paterson, Edge- OURTESY OF bend, we encountered a stretch water, Fort Lee, Bayonne, and C of surreal, stagnant whitish Newark. More than 700 CSO water and the overpowering discharge pipes circle the har- cholera outbreaks ravaged the variety of pollutants into our stench of decomposing human bor: 460 in New York City, growing population. By 1902, waters, including litter, waste. “It was a cesspool,” 250 in New Jersey, and 26 the network extended through- garbage and other solids, recalls City Councilman David more in Yonkers. out the City’s developed areas, pathogens, oxygen-demanding Yassky, who had joined the Upstate, most of the older and today it’s some 6,600 organic material, nitrogen, patrol that day. “No waterway cities also have CSO systems miles long: Easily enough pipe phosphorous, and toxics. The should be treated like that, but that overflow during rains. to reach California and back. results, as the U.S. EPA recently on New York Harbor, this Along bucolic stretches of the Seventy percent of New reported, can include “beach kind of abuse is routine.” upper Hudson, Albany, Pough- York City’s present system is closures, shellfish-bed closures, A similar foul brew of waste, keepsie, Kingston, Rensselaer, made up of combined sewers contamination of drinking chemicals, heavy metals and and others add their own raw that carry both waste and water supplies, and other envi- debris regularly flows into the sewage to the mix. [See box on runoff. Many of the pipes ronmental and human health Hudson, East River, Jamaica next page to read about more currently in use date back to problems.” Bay, and Long Island Sound. sewage problems upriver.] the 1800s. For decades, toilets Sewage outflows carry dis- All told, sewage overflows vio- flushed into sewers that emp- ease: Viruses, parasites, and an late state standards in at least The History of Overflow: tied directly into the City’s estimated 90% of New York two dozen waterbodies in and An Underground Memory rivers and creeks. After World Harbor’s coliform bacteria, a around New York The opening lines of William War II, New York started type of bacteria associated Wyler’s 1937 film Dead End building sewage treatment with fecal wastes that can proclaim, “Every street in plants, but up until 1986 all cause intestinal disorders. New York ends in a of the upper West Side’s sewage After a rainstorm floods the river.” And rivers still ran, untreated, into the system, the EPA calculates that are where the Hudson. bacterial concentration can be City has always The City’s system of com- “several thousand times sent its waste. bined waste and runoff pipes greater than water quality Although the is a monumental testament to standards” allow. The agency’s Dutch occasion- a by-gone era when our waters, datum also indicates that just ally dug sanitary our marine life, and our ability one sick person can contribute tunnels, streams to pollute seemed infinite. Our a large number of pathogens and creeks crisscrossed sanitary system “remembers” a to the waste entering our New Amsterdam, and world we’ve long since found waterways through CSOs. most sewage went di- unworkable. Once introduced to the water- rectly into the water- ways, pathogens drift with tide ways. Construction of How Does It Hurt? and current, causing disease in the current system began in Overflow from the current, aquatic biota as well as humans. earnest around 1850, as antiquated system dumps a A kayaker may develop a

10 mild case of diarrhea that costs ically identifies CSOs as the Canoe Club sees its notorious- tan was nearly cancelled in $100 to treat. But a severe largest single source of patho- ly foul and neglected canal as 2003 because of sewage over- case can run over $7,000. And gens, oxygen demand, and a recreational and educational flows. That August, the NYC according to the EPA, national plain old trash. In 2004, New resource. Their free canoe trips International Triathalon had to medical costs directly associat- York State named sewage and special events – as well as become a duathalon because ed with waterborne illnesses overflows as the reason eight- scuba dives sponsored by the water was too unhealthy total between $591 million een different waterbodies in Urban Divers – help make the for the swimming leg. A month and $4.1 billion per year. and around the City were offi- case for environmental clean- later, The Little Red Light Some of these illnesses are cially “impaired.” up and increased public access. House race was called off severe. Heavy metals and syn- And existing studies may And more and more people because the water was too thetic organic chemicals can significantly understate the are swimming in the New York dirty for human contact. accumulate in the human problem due to inadequate Harbor. The annual Manhattan While New York City offi- brain, liver fat, and kidneys, monitoring. Swim is now going into its 23rd cials are eagerly seeking the causing skin rashes, anemia, year. Morty Berger, founder of 2012 Olympic Games, all it nervous system and blood Come on in! (Not so fast) the Manhattan Island Founda- would take is a spell of heavy problems, reproductive diffi- After decades of reports on the tion which runs the event, rainstorms for that Olympic culties, and an increased risk death of local waterways, the describes it in almost religious summer to become an interna- of cancer. New York Times reversed the terms. “When we get people tional embarrassment. Meanwhile, within our creeks tide in an emphatically-head- into the water, are they changed? If there were adequate moni- and rivers, raw sewage depletes lined October 1, 2002 article: Yes, they are. It’s as if they’ve toring of our water quality the level of dissolved oxygen “Come on in, the Hudson’s been baptized. The water has (and there isn’t), it would still faster than it can be replen- Fine; The Slime Is Gone, and a spiritual effect on them.” be next to impossible to keep ished. Fish and other aquatic the Swimmers Have Returned.” Unfortunately, it can have the public out of contaminated organisms can’t breathe. As Times reporter Barbara Stewart other effects, as well. public waterways. On Orchard well as causing massive fish quoted a City environmental The Swim Around Manhat- (continued on page 12) kills, repeated sewage over- spokesman, “[The river is] the flows can lead to the loss of cleanest it’s been in 90 or 100 UPSTATE SEWAGE BY BASIL SEGGOS habitat. years.” New York City is not alone in suffering from a sewage epidemic. In the 1980s, environmental- Of course, the modern envi- Across New York State, hundreds of municipal sewage systems ists fought the Westway high- ronmental movement and the are crumbling, threatening to reverse the tremendous water way proposal to protect an Clean Water Act of 1972 have quality gains of the last 30 years. Ironically, as the Hudson’s got- important habitat for, among made a tremendous difference. ten cleaner – and more people have wanted to live near it – other species, Striped Bass. And millions of New Yorkers towns like Beacon, New Paltz, and Middletown have seen their Today, sewage spills threaten and visitors have found their outdated and neglected systems cracking under the pressure the hard-won State estuarine way back onto and into area of unchecked sprawl development. Excessive sewage volumes sanctuary that runs from Bat- waters. In 2004 alone, nearly have split old pipes and exploded manhole covers into the air, tery Park City to 59th Street. 18,000 individuals launched inundating residential roads like Beacon’s Spring Valley Street In Brooklyn and Queens, the kayaks into the Hudson River and polluting streams like Fishkill Creek. Yet, there is a lack of Jamaica Bay National Wildlife from the Downtown Boathouse’s Refuge – a birdwatcher’s para- three Manhattan locations. state or federal leadership to meet this crisis. Communities are dise – receives more than five Innovative new programs being forced to make do with ever-tighter budgets. They com- billion gallons of untreated teach inner city youth how to pete for diminishing funds, even as cuts in federal and state wastewater in an average rain build and navigate their own staffing allow for little more than a band-aid approach to the year. vessels. Community boathous- problem. Even worse, many Hudson valley communities are try- According to the EPA, sewage es have recently opened on the ing to raise tax dollars by encouraging more growth: a Catch-22 overflows contribute ten per- Harlem River and in Long which ultimately exacerbates the problem. A new wastewater cent of PCBs (polychlorinated Island City. treatment paradigm is sorely needed, one which balances funding biphenyls) to New York Harbor. New Yorkers’ passion to increases with smart-growth principles. In the coming months, That’s one reason levels of this connect to the water helps drive Riverkeeper will be investigating how other states have tackled human carcinogen exceed fed- the movement to improve the this problem and how best to implement such efforts in New York. eral standards in Striped Bass. quality of our urban environ- Virtually every report on ment. In Brooklyn, for exam- (Sewage problems in the Hudson Valley will be the topic of New York City’s waters specif- ple, The Gowanus Dredgers “Our Secret Epidemic Part II” to be published later this year.)

11 Our Secret Epidemic If the City had complied, the (continued from page 11) vast majority of violations would have been corrected by Beach in the Bronx, the stand- now. Unfortunately, City offi- ing rule is no swimming for cials have repeatedly missed twenty-four hours after a rain- deadlines and never funded the storm. But on hot summer $250,000 program. In 2003, days, people routinely ignore the State Department of Envi- the signs. Over at Valentino ronmental Conservation found Park in Red Hook, Brooklyn, the City’s request for an 11- the pier is supposed to be off- year extension “unacceptable.” limits: There’s a sewage outfall Yet, the very next year, the within 750 feet of the sandy State was proposing that the slice of beach. But that doesn’t City get an additional eight- stop groups of teenagers from year extension – adding 19 2004.

happily jumping into the har- years to a 13-year project and IPSCOMB L bor. And it’s not likely to have pushing the deadline to 2022! OHN

much effect on the many The permits currently pro- © J

immigrants who are used to posed for the City’s 14 sewage HOTO P swimming in and eating their plants fail to include a long- A CSO DISCHARGES INTO THE HARLEM RIVER, AS SEEN FROM THE RIVERKEEPER PATROL BOAT. daily catch from local waters. term plan, even though it’s The solution to the health required by both the federal Litigation Clinic, we are fight- sensibly designed, the rebuild- threat posed by sewage over- Clean Water Act and State law. ing this cynical, do-nothing ing of the World Trade Center, flow? Stop it from happening In a supremely Orwellian proposal on CSOs. Our goal construction at the Hudson in the first place. maneuver, the City’s most is to require the City to design Yards on the far west side of recent proposal is to “meet” and implement a strategy to Manhattan, the eight thousand Action needs to be water quality standards by meet existing water quality new homes proposed for the taken… now. redefining what those stan- standards on all of the city’s north Brooklyn waterfront, and After 1986, when there were dards are. As limited sewage waters – and to do it now. the possible Olympic Village finally enough plants to treat treatment capacity is con- We’re also demanding that in Queens could directly cap- raw sewage in dry weather, the sumed by population growth, future development projects ture and treat virtually all next order of business became the City says all of its efforts account for and minimize the their combined sewage on-site. the CSOs. But the CSO provi- will go to simply keeping the environmental strain they’ll Following models like The sions in the City’s 1988 sewage current rate of sewage over- place on the City’s combined Solaire apartments in Battery permits were weak, and the flow about where it is. In 2017, sewer system. Virtually every Park City, all new buildings City even failed to comply when the new round of CSO new construction project in the can help reduce CSOs, rather with those. control measures is nearing five boroughs will make the than compound the problem. Four years later, the State completion, the City hopes to CSO problem worse – unless a Now is the time to cast off had to issue an enforcement change the water quality stan- commitment is made to “green the toxic legacy of 19th centu- order including new deadlines. dards to match the pollution building” technologies. ry municipal engineering and Over the next 14 years, New level. It’s a backwards approach In that sense, the City’s next reverse the late 20th century York City was supposed to that guarantees New Yorkers round of major development bureaucratic buck-passing. plan, design, and construct will be left treading (dirty) offers a unique and exciting We, at Riverkeeper, envision facilities to “eliminate all con- water. opportunity. Innovative solu- New York as a modern, traventions of applicable water Throughout our 40-year tions abound, like using rooftop healthy, urban environment quality standards” caused by history, Riverkeeper has suc- gardens and landscaping to where, even on rainy days, sewage overflows. It was also cessfully tackled the toughest collect stormwater, and operat- your toilet flushes to a treat- required to fund a $250,000 pollution problems. With the ing air conditioning systems ment plant instead of our environmental benefit project. help of the Pace Environmental with treated wastewater. If waterways. ■

12 campaignINDIAN POINT BY ALEX MATTHIESSEN AND LISA RAINWATER VAN SUNTUM

The Fight to Stop Indian Point’s License Renewal

applications. Despite grave concerns raised by nuclear ex- perts that these aging nuclear plants cannot safely operate beyond their original license period, the Commission has shown no hesitancy in granting license extensions. To date thirty reactors have been granted license renewals. In stopping Indian Point’s relicensing, we definitely have our work cut out for us. For- tunately, for Entergy, the com- pany will be seeking license renewal with an ardently pro- nuclear president sitting in office. The Bush Administration has refused to substantially QUILLANTE S beef up security at the nation’s

OSEPH nuclear power plants despite © J its own intelligence reports HOTO

P indicating that our nuclear plants remain a probable and ince Riverkeeper began its the Buchanan plant which sits All across the country, highly vulnerable set of terror- SIndian Point campaign in 24 miles up river from New nuclear power plant operators ist targets. Worse, this admin- November 2001, we have York City. are seeking 20-year license istration wants to build a new tackled serious issues that This strong coalition is extensions on plants built in generation of up to 100 nuclear affect 20 million residents now facing a new challenge: the 1960s and 1970s. The power plants, even though the living within a 50-mile radius relicensing. Per federal regula- Nuclear Regulatory Commis- federal government has yet to of the nuclear plant: safety, tions, each nuclear power plant sion (NRC) is in charge of figure out how to safely dis- security, emergency planning, in the country operates under approving these license renewal (continued on page 14) nuclear waste, energy reliability, a license that dictates how and decommissioning. long it can operate. Indian The NRC’s website lists all nuclear power plant relicensing With the facts on our side, Point 2 and Indian Point 3’s applications. Entergy owns 10 nuclear power plant reactors, we have successfully created a forty-year licenses expire in and Indian Point 2 & 3 are among the oldest in its nuclear fleet. robust grassroots movement 2013 and 2015, respectively. Entergy will submit a relicensing application for its Pilgrim 1 and bi-partisan political sup- Entergy, the owner/operator plant located in Plymouth, MA in December 2005. Four unidenti- port for closure. To date over of Indian Point, has indicated fied reactors have dates assigned to them, but Entergy has yet 400 elected officials – includ- it intends to apply for 20-year to indicate which of these dates – July 2005, July 2006, ing 11 members of Congress – license extension on Indian December 2007, and December 2008 – applies to Indian Point. 52 municipalities, and 72 civic, Point which could allow the (To read more on Entergy’s bids for relicensing, visit our environmental, and public pol- plant to operate until 2035, website at: http://riverkeeper.org/campaign.php/indian_point/ icy organizations have joined and line Entergy’s coffers with we_are_doing/874) together in an effort to close an additional 14.6 billion dollars.

13 campaignINDIAN POINT

pose of irradiated waste fuel. operators; and the NRC has problems continue to operate Moreover, this administra- begun to approve license on the Hudson River an addi- Counties and Municipalities tion received a great deal of extensions for older nuclear tional 20 years beyond what that Passed Resolutions nuclear industry money during power plants without any plan they were originally designed Opposing Relicensing the 2000 and 2004 campaign for onsite or offsite storage of for? seasons. Nuclear Energy Insti- the additional high-level radio- While many of the concerns County of Westchester, NY tute (NEI) lobbyist John Kane active waste that will be creat- relating to Indian Point’s cur- County of Rockland, NY told the Washington Post, ed from two more decades of rent operation would apply to County of Ulster, NY “[Bush] is a big supporter. operation. an extended license – terror- County of Hudson, NJ Our donation is just a small For these reasons, it is all ism, emergency planning, and Village of Croton-on- way of supporting him.” NEI the more imperative that nuclear waste – the plant’s Hudson, NY was one of the largest contrib- Riverkeeper up the ante and operational safety becomes Village of Piermont, NY utors to the lavish 2004 presi- put increased pressure on the more of an issue the longer Village of Portchester, NY dential inaugural celebrations, federal government to protect the plant operates. As Dave Village of Irvington, NY donating $100,000 to the the millions of citizens living Lochbaum, Nuclear Safety Village of Mamaroneck, NY festivities. near Indian Point. To this end, Engineer with the Union of Village of Rye Brook, NY As the nuclear industry we are preparing what could Concerned Scientists (UCS), Borough of Tenafly, NJ continues to cozy up to the be our biggest battle yet: to explains, “U.S. reactors are Town of Ramapo, NY President and his aides, the stop the relicensing of Indian now entering the phase where Town of Pound Ridge, NY country is facing serious nuclear Point. safety system failures, unplan- Town of Bedford, NY dilemmas: there is still no suit- In this article, you’ll gain an ned reactor shutdowns, and Town of Lewisboro, NY able national repository for the understanding of the license accidental releases of radioac- Hastings-on-Hudson, NY tons of high-level radioactive renewal process, why River- tivity are becoming more likely.” Town of Greenburgh, NY waste created by the country’s keeper and its coalition partners In a 2004 UCS report enti- Town of New Castle, NY existing 103 nuclear power are fighting license renewal, tled, U.S. Nuclear Plants in the Town of Harrison, NJ plants; the NRC has stifled and how you, as a citizen, can 21st Century: The Risk of a Newark, NJ democratic participation in become active in our efforts. Lifetime, Lochbaum analyzes decisions affecting nuclear the increased safety risks asso- As Lochbaum notes, “The communities; the NRC has Why We are Concerned ciated with the relicensing of nuclear industry boasts about streamlined the site permitting What would it mean to have aging nuclear power plants. ‘improving safety trends’ over process for new nuclear power two 40-year old nuclear reac- He likens the life cycle of a the past twenty years. But all plants in order for approval to tors with a laundry list of sig- nuclear reactor to that of an they’ve done is let nature draw be easy and swift for nuclear nificant safety and mechanical automobile: at the beginning the left side of the bathtub of its life cycle (Region A), curve. Now they want to reli- problems occur frequently; cense aging plants for 20 more at the middle of its life cycle years. Given this chance, nature (Region B), problems tend to will draw the right side of the Infant Mortality Wear-Out Zone taper off; and the end of its curve with more nuclear life cycle (Region C), mech- disasters.” anical and safety problems Safety is not the only reli- Constant Wear-Out Rate increase dramatically. This life censing concern; meticulous cycle is similar to the curve of regulatory oversight is needed a bathtub. [Figure 1] to ensure that age-degraded Failure Rate Given Indian Point’s long components are replaced and Region A Region B Region C history of safety problems, this properly maintained. The UCS “bathtub” model becomes all report points out that age- Time the more troubling if Indian degradation compounded with FIGURE 1. Point’s license is renewed. a lax federal agency make for

14 LICENSE RENEWAL PROCESS a dangerous combination. sions. That said, we are confi- Meticulous regulatory dent that the proposed relicen- Who Approves a License Renewal? oversight is utterly lacking. sing will in fact present us The Nuclear Regulatory Commission (NRC) has the authority The report, “2002 Survey of with a great opportunity to under Section 103(c) of the Atomic Energy Act to renew the oper- NRC’s Safety Culture and close the plant permanently. ating licenses of commercial power reactors for an additional Climate,” commissioned by But we will only prevail twenty years. the NRC, found that one third with your help! of NRC employees question In December 2003 the What is the timeframe for filing? the agency’s commitment to Westchester County Board of Federal regulations require nuclear plant owners to submit appli- public safety, while nearly half Legislators passed a resolution cations for license renewal no later than five years prior to the are not comfortable raising opposing the relicensing of end of the original operating license. concerns about safety issues Indian Point; shortly thereafter within the agency. Such a Westchester County How does the NRC determine if a 20-year license extension chilled work environment leads Legislators Michael Kaplowitz is approved? experts to question how effec- and Martin Rogowsky sent let- Federal regulations require the NRC to review two issues before tive the NRC will be in pro- ters and template resolutions granting a license extension: safety and environmental issues. tecting residents living in the to all municipal boards within What safety issues will be reviewed? shadow of reactors that have the 50-mile radius of Indian As outlined in federal regulation 10 CFR Part 54, the NRC may been given the green light to Point, urging them to pass the only focus on aspects of the plant’s physical structure that could operate an additional 20 years. resolution. Since then, twenty be affected adversely, if operation continued beyond its initial 40- Unfortunately, unless the boards, including the Rock- year license. This is very limited in scope, focusing primarily on reactors at Indian Point are land, Ulster, and Hudson, NJ non-moving parts within the plant. dismantled and rebuilt and the County Boards of Legislators, NRC changes drastically, a have passed similar resolutions. Riverkeeper is particularly concerned with this aspect of the bleak future is likely for Indian At this time Riverkeeper is renewal process, because Entergy – not the NRC or a third party Point and those living in its asking citizens to bring the – evaluates the aging effects of the plant. shadow. template resolution to their To read U.S. Nuclear Plants local boards. If you’ve never What environmental issues will be reviewed? in the 21st Century: The Risk volunteered for the Indian A Generic Environmental Impact Statement (GEIS) was issued for of a Lifetime, go to: http:// Point campaign before, now Indian Point during the initial license permitting process. As out- www.ucsusa.org/clean_energy/ is the time to join us! lined in federal regulation 10 CFR Part 51, a supplemental EIS must nuclear_safety/page.cfm?pageI Today, a nuclear power be conducted, which will take into consideration the impact of a 20- D=1408 plant would never be cited in year license extension on the following: aquatic life (entrainment, such close proximity to New impingement, and heat shock); ground water use conflicts, threat- The Need for Citizen Action York City. It therefore begs the ened or endangered species; electromagnetic fields; socio-econom- If Entergy wins approval for question why the same NRC ic impacts, including housing, water supply, tax revenue, and the relicensing of Indian Point would consider extending the public transportation; severe accidents which could cause radioac- 2 & 3, the campaign to close operating license of this prob- tive releases into the atmosphere and ground water. Indian Point will effectively be lem-plagued facility for another over. While regional watchdog 20 years. With a large public Riverkeeper is also concerned with this aspect of the renewal groups such as Riverkeeper will outcry, we can stop the reli- process because the requirements for the environmental review continue to fight for increased censing of Indian Point – but are significantly limited in scope, compared with the original EIS. and improved safety and secu- we’ll need your help to do it. In addition, it does not address the additional production of rity measures at the plant, it To get involved, contact our spent fuel and how or where it will be safely stored and secured. will be very difficult to draw Indian Point Campaign Direc- A 20-year license extension at Indian Point would generate ap- public and political support to tor, Lisa Rainwater van Suntum proximately 2000 additional tons of high-level radioactive waste. close reactors that were just at [email protected] ■ — Phillip Musegaas contributed to this section. granted 20-year license exten-

15 campaignINDIAN POINT

INDIAN POINT & THE LATINO COMMUNITY An Interview with Nelson Barreto – A NYC Businessman and Community Leader

elson Barreto, a native of Puerto Rico and long-time resident Nof the Lower East Side in Manhattan owns Ene, a hair salon in an upbeat section of his neighborhood. While one can find Nelson in his salon on any given day of the week, he is definitely not your typical business owner. Nelson believes in community service and devotes a great deal of time to help the Latino community, including cultural program- ming and youth education. Nelson also volunteers for the City’s Urban Divers, which focuses on the restoration of the NY/NJ har- bor. Over the last year, Nelson has become increasingly engaged in Riverkeeper’s efforts to close Indian Point. He is featured in our new Indian Point brochure and has been instrumental in bringing the Indian Point issue to New York’s Latino community. 2005

Below is an excerpt from an interview Riverkeeper’s Indian UNTUM S Point Campaign Director, Lisa Rainwater van Suntum, conducted with Nelson regarding his views on Indian Point.

To read the entire interview, in English or Spanish, visit our web- AINWATER VAN R

site at: http://riverkeeper.org/campaign.php/indian_point/the_facts/ ISA

1015 : © L HOTO P

LRVS: YOUR NYC BUSINESS RELIES HEAVILY ON ADEQUATE ENERGY NELSON BARRETO STANDING OUTSIDE ENE, HIS MANHATTAN HAIR SALON. SUPPLY.WHY ARE YOU NOT CONCERNED THAT CLOSING INDIAN POINT WOULD BE DETRIMENTAL TO YOUR BUSINESS? LRVS: YOU’VE TOLD ME THAT YOU’RE CONCERNED ABOUT OUR ENVI- NB: This issue is controversial to me because my hair salon busi- RONMENT.DOYOUSEEINDIAN POINT AS A THREAT TO OUR REGION’S ness depends on electricity – but this is an important issue. As a ENVIRONMENT? business man – someone that has lived in the East Village for the NB: As a volunteer diver for the city, I’ve watched the Hudson last 20 years – I’m aware of what’s going on, especially since 9/11. River slowly improve. But not all aspects of the river are healthy. In the East Village, there are continuous break-ins and damages Indian Point is destroying the delicate ecosystem. When Indian of commercial property, but what happened after the last blackout Point sucks in the river water to cool the reactors, a billion eggs, concerns me more. The 2003 Blackout happened because of anti- larvae, and even adult fish are destroyed every year. This has a quated transmission lines – not because we don’t have enough great impact on the health of the river now and in the future. power. Even without Indian Point we have enough power. LRVS: IN CONCLUSION,NELSON, WHAT CAN CITIZENS DO? LRVS: HOW DOES INDIAN POINT IMPACT THE LATINO COMMUNITY – NB: Indian Point is a danger. We need to educate ourselves and IF AT ALL? our children. We need to teach our children to speak out against NB: To work so hard and to come from another country and then Indian Point and to practice their freedom of speech boldly and to find out it could all be gone by an accident at Indian Point is strongly. devastating. But, Latino communities in New York are not the only people that will be hurt. Visit Ene’s website at www.enesalon.com ■

16 LA PLANTA DE ENERGÍA LRVS: ¿SUNEGOCIOENNUEVA YORK DEPENDE GRANDEMENTE DE UNA ADECUADA PROVISIÓN DE ENERGÍA.PORQUÉ NO ESTÁ USTED PRE- NUCLEAR DE INDIAN POINT OCUPADO QUE SI SE CIERRA INDIAN POINT, ESTO PODRÍA PERJUDICAR SU NEGOCIO? Una entrevista con Nelson Barreto – NB: El asunto es controversial para mí porque mi negocio de pelu- Un hombre de negocios y Líder Comunitario quería depende de la electricidad, pero este es un tema importante. Como hombre de negocios, alguien que ha vivido en el East de NYC Village durante los últimos 20 años, yo estoy consciente de lo que está pasando, especialmente desde el 9/11. elson Barreto, un nativo de Puerto Rico, y residente por En el East Village hay continuas ruptures y daños a la propiedad Nlargo tiempo del lado Este del bajo Manhattan, posee la pelu- comercial, pero lo que pasó después del apagón del último verano, quería, Ene, en una sección optimista de su vecindario. Mientras me concierne más a mí. El apagón del 2003 sucedió por unas uno puede encontrar a Nelson en su salón cualquier día de la sem- anticuadas líneas de transmisión, no porque no tengamos sufi- ana, él definitivamente no es el típico propietario de negocios. ciente energía. Aún sin Indian Point, tenemos suficiente energía. Nelson cree en el servicio comunitario y dedica gran parte de su tiempo ayudando a la Comunidad Latina, incluyendo progra- LRVS: ¿CÓMO IMPACTA A LA COMUNIDAD LATINA INDIAN POINT EN mación cultural y educación para jóvenes. Nelson también hace de GENERAL? voluntario para los Buzos Urbanos de la Ciudad, los cuales se con- NB: Trabajar muy duro y venir de otro país y entonces encontrar centran en la restauración del puerto de NY/NJ. que todo esto podría pasar por un accidente en Indian Point, es Durante el último año, Nelson ha estado involucrado con los devastador. Pero, la Comunidad Latina en Nueva York no es la esfuerzos de Riverkeeper para cerrar la planta nuclear de Indian única que sería afectada, esto afectará a todos! Point. Nelson aparece en el nuevo boletín de información de Indian Point y has sido instumental en la difusion del problema de LRVS: ¿EN CONCLUSIÓN,NELSON, QUÉ PUEDEN HACER LOS CIUDADANOS? Indian Point entre miles de Latinos en Nueva York. NB: Indian Point es un peligro. Necesitamos educarnos nosotros A continuación puede leer un extracto de la entrevista que nues- mismos y a nuestros niños. Necesitamos educar a nuestros niños tra Directora de la campaña para cerrar a Indian Point, Lisa manifestarse en contra de Indian Point y practicar su libertad de Rainwater van Suntum, realizó a Nelson sobre sus puntos de vista expresión audaz y fuertemente. ■ con relación a Indian Point. Para leer la totalidad de la entrevista visite nuestra página web en: http://riverkeeper.org/campaign.php/ indian_point/the_facts/1013

Riverkeeper and Prospero Winery Announce the RKP Wine Club

Prospero Winery, located in Pleasantville, NY is a strong believer in Riverkeeper’s mission to protect the Hudson River and the watershed. To assist in our continued efforts, Prospero offers a fantastic opportunity to help protect the Hudson while enjoying delectable hand-picked wines; 25% of all wine club proceeds are donated to Riverkeeper. Three different Club Memberships allow both the beginner and the connoisseur of great wines to experience the subtleties of a perfectly aged Cabernet and the spicy, velvety taste of Tempest, Prospero’s newest white wine. Included in the membership are new wines with each shipment, recipes, facts on the Hudson River, and a vacuum wine saver. Please contact Prospero Winery, Inc. at 914-769-6832 or [email protected] if you would like to place an order or have questions.

17 campaignINDIAN POINT

Westchester High School Student IP’s EVACUATION PLAN REJECTED Moderates Indian Point Debate THIRD CONSECUTIVE YEAR

n November 8th, just when Indian Point. After gaining a very January the four Since the release of the Othe region thought debate strong understanding of the Ecounties within the 10-mile report two years ago, no sub- season was over, Zachary Baum, issue from all perspectives, Emergency Planning Zone stantive changes have been a junior at Edgemont High Zachary then educated his fel- (EPZ) of Indian Point – West- made to address a plan that is School, successfully organized low student journalists so that chester, Rockland, Orange, and widely viewed as unworkable. one of the most provocative and they could develop hard-hit- Putnam – must decide whether In December 2004, new con- original Indian Point debates ting questions. to submit their Annual Certi- cerns arose upon discovering in recent memory. The Indian “It is remarkable what high fication Letter (ACL), a check- that many of the Indian Point Point debate at Greenburgh school students can do, when list that indicates whether sirens fail to rotate properly. Town Hall was an educational given the guidance and oppor- Indian Point emergency evacu- In addition, it has recently experience for and by students tunity by parents, teachers, ation procedures are in place. been exposed that there is no on an issue that affects them and community officials,” Their submission implies that back-up power for the sirens directly. noted Lisa Rainwater van the plans are adequate. Over in the event of a power outage What set this debate apart Suntum, Riverkeeper’s new IP 300,000 residents live in the and emergency. from others were the well- Campaign Director. “Zachary EPZ. This year Westchester, researched, pointed, and often was very professional during In 2002, Governor Pataki Orange, and Rockland coun- controversial questions posed the interview process. He hired James Lee Witt, former ties again refused to certify the by high school journalists from always insisted that he hadn’t head of the Federal Emergency emergency plans. For the sec- Ardsley, Dobbs Ferry, Edgemont, decided whether Indian Point Management Agency (FEMA), ond year in a row, Putnam Hastings-on-Hudson, Sleepy should stay open or be closed.” to conduct a top-to-bottom County Executive, Robert Hollow, and Woodlands. Over one hundred students, evaluation of the emergency Bondi, submitted his county’s These questions led to a lively parents, and teachers attended plans for Indian Pont. The annual certification letter exchange between debaters the debate. Based on exit polls report, released in early 2003, despite the fact that Putnam Kyle Rabin, former Riverkeeper conducted by Zachary and his concluded that the plan is seri- residents – his constituents – senior policy analyst, and classmates, the debate not only ously flawed and especially do not benefit at all from a Beverly Goode, a representa- informed the audience but also not adequate to protect the plant that they subsidize sub- tive of Entergy. convinced a large number of public against a fast-breaking stantially. The quality and breadth of them to change their minds. radioactive release such as that On September 10, 2003 questions was due in large part [see Figures 1 and 2] that likely would occur as a during his budget address, to Zachary’s thorough research After the debate had ended, result of an act of terrorism. County Executive Bondi on the issue. Over several Zachary finally revealed his As a result, all four EPZ praised Entergy and recom- months, Zachary met with position on the issue. counties refused to submit mended that they continue to Riverkeeper, Entergy, and He, too, thinks Indian Point their ACL’s in January 2003; develop a strong partnership. county officials to discuss should be closed. ■ the NY State Emergency Entergy had recently donated security and safety issues at Management Office, respecting $500,000 to the county’s new county “home rule,” followed emergency center. The new Fig. 1 IP Should Remain Open Fig. 2 Believed IP Security Adequate suit and refused to submit cer- center, needed in large part tification papers to FEMA. In due to Putnam County’s close 2004, Putnam County was the proximity to Indian Point, cost 54% Before Debate 48% Before Debate only body to submit the paper- nearly $11.8 million dollars – work for the evacuation plan. a bill footed almost entirely by 35% After Debate 23% After taxpayers. ■ Debate

0% 10% 20% 30% 40% 50% 60% 0% 10% 20% 30% 40% 50% 60% 18 19

currents ■ After she left, I kicked It was dark, so I read the She signed her name and tell you how much I can’t myself for not offering her a myself for not offering something. Riverkeeper hat or when I was But a while later, up the almost finished clearing I was deck, she came back. this time. ready with the hat She handed me an old bleached out mussel shell and a note. She said she’d been going to a nearby beach to clean up trash and had found the shell. “No new trash has floated back onto the beach” she reported. It seemed clear she was going to be looking after that beach for a while. note in the cabin after she left. A couple of words had been scratched out and changed – she wanted just the right ones. “Dear Riverkeepers, Thank you for working on the I’m so glad you are help- river. ing nature out. It feels so good to help nature. Have a safe trip home.” added, “From the boat in back of you.” those simple words meant and still mean to me, how hopeful they make me feel. Her shell and note stay on the River- keeper boat, right in front of me at the wheel. They are inspira- tion and fuel for my soul. Each time I pass by New Baltimore, I run close by the marina to say I haven’t hello and thank her. seen her again – but I will. Not ten minutes later, I Not ten minutes later, By the end of the project, a evening when we returned when evening a curious our survey, from waited to help group of people docklines. They’d us with our the project and ask about One man about Riverkeeper. motoryacht tied from the large especially up behind us seemed he asked interested. Finally, small pri- where we stood on turns vate hydroelectric dams; I told out he owned a “few.” opposed him Riverkeeper was native to dams that prevented up and fish from migrating spawn, down tributaries to think we were but that I didn’t pursuing any cases against dams at present. He seemed pleased and asked for a newsletter. walked up the dock to get a meal ashore, and there was face newsletter, Riverkeeper’s up in a full garbage can. Most people who ask about River- keeper and the Hudson are truly and unselfishly interested, Motoryacht’s but I believe Mr. only real concern was whether we might be a threat to his bottom line. That newsletter in the trash really bothered me. I think it was meant to. lot of people at the marina knew us. Regulars came over every night. “How’d it go today?” they’d ask – very nice. On our last evening, several people came to say goodbye. Standing behind them was a very young girl. I’d seen her on other evenings, listening as we talked about the project. On She seemed extremely shy. this last evening, she waited till all the adults were gone, and then she asked a few very specific questions about where and how fish and other river creatures lived. I think she was less shy because of the fading light. ith all of the ith all on the assaults water- River and This past June, we spent two a nice little Shady Harbor’s Summer was in full swing, shed, it’s sometimes hard to sometimes shed, it’s the up. Last year, keep morale boat ran patrol Riverkeeper’s miles on the Hudson over 5,000 patrol, River Estuary: pollution scientific outreach/education, outings. research and press I love my job and appreciate protect and the chance to help But not restore the ecosystem. see us. everybody is glad to ferocious pressure to There’s shoreline, develop the river’s pollution cases can take forev- er to succeed, and sometimes it feels like our government pro- tection agencies are spending more time protecting polluters than the environment. So, it’s great when once in a while some little thing serves as a lift- me-up and a push-me-forward. weeks working out of the Shady Harbor marina in New Balti- more, about ten miles south of had a crew of re- We Albany. searchers aboard from Colum- Lamont Doherty bia University’s Earth Observatory performing a contaminant dispersal study. additional boats carried Two RPI researchers conducting a parallel study to track and record zebra mussel larvae dispersal. marina on a lovely part of the not much Hudson. There’s development there. The oppo- site shore, Houghtaling Island, is quite wild except for the huge Corps of Engineers dredge spoil dump that covers much of the Almost every morning interior. just after sunrise, we saw two adult and three juvenile bald eagles working the River from the wooded shoreline. Every so the marina was busy. W

OLFF W , 6/25/04

IPSCOMB L

ANIEL OHN D ALTIMORE J B

BY LOG EW AND

N BOAT BOAT

T THE DOCK IN

A PATROL PATROL Notes From the October Patrol: Facing Unprecedented Hudson Waterfront Development

Riverkeeper is actively about the cleanup process. 2004 intervening in the envi- On October 27, Riverkeeper patrolled REEN G

O ronmental impact from Cold Spring to Poughkeepsie and met J reviews of numerous with local activists and press to discuss the ANNA potential development Riverkeeper lawsuit filed against Pough- : ©M projects in order to con- keepsie for improper review of its planned HOTO P tinue to protect and alienation of the DeLaval parkland. The strive for the goal of parkland, bough using state Bond Act clean water. money dedicated for parkland preservation, On October 25, 2004, was intended for conversion to buildings our patrol began by and parking. The lawsuit has since been touring Hudson’s his- settled, and the parkland alienation is under- toric Tarrytown/ Sleepy going environmental review. We continued Hollow Shoreline, just the day’s patrol up to Kingston and visited north of the Tappan Zee the area north of Rondout Creek where Bridge – the site of 2,500 housing units are being proposed. three separate develop- Guests included staff from Scenic Hudson ALEX MATTHIESSEN AND RAY CURRAN, SCENIC HUDSON, DEPARTING RONDOUT CREEK. ment proposals to cover and Clearwater as well as members of local 130 acres of waterfront government. n Monday, October 25, 2004, River- with “mixed-use” developments that will We ran from Kingston to Hudson on Okeeper Alex Matthiessen climbed increase the local population by a bare mini- October 28, including stops at Esopus aboard the R. Ian Fletcher for its monthly mum of 4,000 permanent residents, and Creek, Catskill Creek and the Athens water- patrol of the Hudson’s shoreline. This potentially many more. These projects front. We surveyed the Hudson waterfront October, the patrol focused primarily on include the 30-acre Ferry Landing in with Sam Pratt, director of the local environ- highlighting the impacts of new develop- Tarrytown, the 95-acre Lighthouse Landing mental group Friends of Hudson, local ment proposals along the Hudson River’s in Sleepy Hollow, and the smaller Ichabod’s members of the media and several local waterfront. Over the past thirty years, the Landing project, also in Sleepy Hollow. advocates opposing the proposed St. Hudson River – once regarded as an un- While visiting these sites, Riverkeeper was Lawrence Cement plant. desirable dumping ground and industrial accompanied by village trustees and admin- Finally, to complete our voyage upriver, wasteland – has made great strides towards istrators from both Sleepy Hollow and Tarry- on day five – October 29 – we traveled recovery from past pollution. The Hudson is town; Frances Dunwell, Director of New from Hudson to Troy. The day’s highlight now “swimmable” between New York City York State DEC’s Estuary Program; and Ray was a visit to the Bethlehem Energy and Albany, and citizens once again flock to Curran, Senior Planner from Scenic Hudson. Center, a power plant using new closed- the Hudson to picnic, boat, and enjoy its sce- Riverkeeper’s tour provided an opportunity cycle cooling technology to greatly reduce nic beauty. Yet, as a result of the Hudson’s for these decision makers and advocates to fish kills at its cooling water intake. River- tremendous recovery, its shores have meet and discuss the future cumulative im- keeper continues to fight to see this techno- become targets for rapid high-density pacts of these developments on their commu- logy installed in other existing Hudson River residential and commercial development, nities and the Hudson. Landside, ballooning power plants, including Indian Point, Dans- as well as expansion of remaining industry. traffic problems were a primary concern. kammer, Lovett, and others. These developments threaten to both cut The next day, October 26, Riverkeeper’s On October 30, the fall patrol finished, off communities’ public access to the river patrol ran from Nyack to Hastings, and boat captain John Lipscomb and the R. Ian and degrade the Hudson’s recovering water included film crew interviews with River- Fletcher sailed on back from Troy to the quality, impacting fish and all other aquatic keeper Alex Matthiessen and Pace Envi- Petersen boatyard in Nyack, collecting sci- life in the river. Ironically, a cleaner river and ronmental Law Clinic Director Karl Coplan entific data along the way. The fall patrol its unique landscape created high-demand discussing the ARCO lawsuit and subse- was once again a resounding success, high- for real estate opportunities that displace quent PCB cleanup, as well as meetings lighting work completed and work yet to be industrial and water-dependent uses. with a local business owner concerned done along the estuary’s entire length. ■

20 NEW CASES

Lighthouse Landing Redevelopment of GM Site (Sleepy Hollow, NY) The Village of Sleepy Hollow plans a mas- sive mixed commercial/residential redevelopment on the 95-acre riverfront site which formerly hosted a General Motors plant. The Village of Sleepy Hollow accepted the project’s draft environmental impact statement (DEIS) in January, and Riverkeeper spoke during the February public hearings. The current plan violates the Village’s own Local Waterfront Revitalization Plan (LWRP). In March, the Waterfront Advisory Committee deemed the plan inconsistent with the LWRP.

Saw Mill River (Yonkers, NY) After pleading guilty to a 2003 acid spill into the Hudson River, American Sugar Refining Inc., a Yonkers company producing Domino-brand sugar, was fined $20,000 by Westchester County District Attorney Jeanine Pirro and ordered to provide $100,000 in funding for a program by Riverkeeper and the Saw Mill River Coalition to protect and restore the Saw Mill River.

Beacon Sewage Overflows (Fishkill Creek, Beacon, NY) This past spring and summer, Riverkeeper began receiving complaints about sewage overflowing from manholes along residential Spring Valley Street in Beacon – with some overflows dat- ing back over ten years. After Riverkeeper filed a Notice of Intent to Sue (NOIS) against the City of Beacon in September 2004, Beacon sealed most of the problem manholes. However, a January storm overwhelmed the temporary repairs. A mix of sewage and stormwater backed up into homes and basements. Riverkeeper continues to work with the City to address the situation.

Athens Channel Dredging (Athens, NY) On January 10, 2005, Riverkeeper submitted comments strongly opposing the US Army Corp of Engineers’ channel dredging plans near Athens. The plan, which USACE itself admits has no economic justifi- cation, would threaten spawning habitat and cause other environmental harms.

UPDATED CASES

Poughkeepsie Waterfront Redevelopment (Poughkeepsie, NY) In October, Riverkeeper blew the whistle on Poughkeepsie’s proposed $30-million-plus private-public waterfront redevelopment project which would develop an office build- ing and parking lot on land purchased under the Bond Act for park use. Even after the City later acknowledged this fact, it failed to conduct the proper environmental review before seeking Legislature approval to alienate the park. In October, Riverkeeper sued Poughkeepsie for this violation of State law. On January 31, Poughkeepsie agreed in a settlement to perform the required reviews, allowing the public a vital opportunity to help shape its waterfront.

Quality Concrete (Newtown Creek, Queens and Brooklyn, NY) In 2003, Riverkeeper filed a notice of intent to sue (NOIS) against Quality Concrete during the first phase of the Newtown Creek Initiative for the discharge of cement-laden wastewater into the Creek. The illegal and intentional dumping continued well into 2004, despite assurances from company executives. In January, using the results of Riverkeeper’s initial investigation, Brooklyn District Attorney Charles Hynes indicted Quality Concrete’s executive under the state’s environmental crimes laws. Charges are still pending.

St. Lawrence Cement (Hudson, NY) In September 2004, DEC Commissioner Crotty ruled the proposed St. Lawrence Cement (SLC) plant should be “ungrandfathered,” subjecting it to a full environmental review under SEQRA. She also laid out the issues to be addressed in an adjudicatory hearing. As a result, SLC withdrew their coastal zone consistency application and resubmitted an altered one to the NYS Dept. of State in Nov. 2004, hoping to have the NYS DOS certify the project is consistent with State Coastal Zone Program goals. NYS DOS accepted public comments until March 1, and has until late April to decide whether the current proposal complies. Riverkeeper and the SLC Coalition submitted comments to NYS DOS opposing the new plan. The new proposal will still need to obtain DEC approval before it can move forward.

Riverkeeper, et al v. US EPA (Nationwide) In July 2004, Riverkeeper and a coalition of environmental groups sued EPA in federal court, contending the agency’s national regulations for existing power plants fail to require the best technology avail- able for cooling water intakes, violating the Clean Water Act. The case was consolidated with several others filed by states and industry, and randomly assigned to the Ninth Circuit Court of Appeals. In December 2004, the court granted our motion to transfer the consolidated cases back to the Second Circuit Court of Appeals in Manhattan. Briefing will begin in early 2005.

21 n a star-filled November Onight, Riverkeeper held its second benefit photo auction at Boylan Studios in Chelsea’s Starett-Lehigh building with sweeping views of the Hudson River and New York Harbor. Started two years ago by photographer William Abranowicz and his wife, ALEX MATTHIESSEN, JOHN MCENROE, ROBERT F. Andrea Raisfeld, to raise funds KENNEDY, JR., AND MATTHEW & CARI MODINE (LTOR). for Riverkeeper, this year’s Reflected Light II auction was were prints by contributing McEnroe and a rare signed even more successful than the artists and household names Jacques Lowe portrait of first. With more than 800 such as Annie Leibovitz, Marilyn Monroe, which was guests, the event raised over Steven Meisel, Timothy White, purchased by Ms. Lorraine $250,000 to help Riverkeeper Peter Beard, Horst P. Horst, Bracco, also a Board Member. expand its campaign to pro- Karl Lagerfeld, Helen Levitt As the transatlantic luxury tect the Hudson River and the and Grammy Award winners crossing on the Queen Mary 2 drinking water supply for nine Timothy Greenfield-Sanders was being auctioned off, the

member news million New Yorkers. The sell- and Joel Grey. cruise ship, docked in the New out crowd was a nice blend of When Dan Aykroyd, the York City that week, could be friends of Riverkeeper, art col- evening’s emcee, announced seen sailing by on the River lectors, gallery owners, pho- the end of the silent auction, below. tographers and some of our a flurry of activity erupted as Riverkeeper gives special more well-known supporters eager bidders rushed to be the thanks to William Abranowicz, like Robin Williams and last to sign the sheets. The Andrea Raisfield, and Abrano- Matthew Modine. crowd then gathered round wicz’s studio manager, Marti Guests strolled through the renowned auctioneer Simon Emmons, who were indispen- glamorously minimalist studio de Pury of Phillips, de Pury sable to the success of the during a silent auction which & Company as he opened the Reflected Light II Photo launched the evening’s festivi- spirited “live” auction of extra- Auction from conception to ties. They jotted down their ordinary offerings. finish. Riverkeeper is also bids as they sipped Prospero Items included a self-portrait grateful to the generous News about wines, Grey Goose martinis by Chuck Close, a seining out- sponsorship of Conde Nast Riverkeeper events, and Veuve Clicquot champagne ing along the banks of the Hud- Traveler, Fotocare, Frances volunteers, staff and donors and nibbled on incredible hors son with Robert F. Kennedy, Manzi Productions, Grey d’oeuvres created by Abigail Jr., one hour of private tennis Goose Vodka, Keeper Springs,

PHOTOS © DOUG GOODMAN Kirsch. Among the 110 photos instruction with Riverkeeper Nuala J. Boylan of Boylan AND PATRICK MCMULLEN. lining the multiple galleries Board Member John Studios, Supreme Wines, and Veuve Clicquot. ■

SIMON DE PURY, ROBERT F. KENNEDY, JR., LORRAINE BRACCO, ROBIN WILLIAMS, ALEX MATTHIESSEN, DAN AYKROYD AND DAVID GEVANTHOR (LTOR).

22 UNSUNG JOE AND JONI DIMAURO HEROES

BY ALEX MATTHIESSEN want to be advocates for the environment. hen people talk about socially re- They recycle everything in the Fish Cellar Wsponsible business, they often think from every wine bottle to the cooking oil of industry titans Ted Turner and Bill they use. At both businesses, they watch Gates, who after becoming billionaires for the advisories concerning the fish mar- have made very generous contributions to ket. For example, they were one of the society. Then there are the innovators, peo- first markets to pull Chilean Sea Bass – ple like Paul and Nell Newman who are an over-harvested species with extinction folding almost all their profits into the non- on the horizon. Joe explains, “I still have profit community. However, few of us rec- customers who request it, but I have to ognize some of the hardest working folks respects to the environment, Joni and Joe explain to them that I won’t carry it who everyday make contributions to their knew right then they wanted to become because there are almost none left. I may communities while working in the stores involved in a bigger way. From that moment lose a customer because of it but we have and restaurants that are right next door. on, they have put their heart, souls and to respect what is happening to our envi- Two of these amazing people are Joni business into the Shad Festival making it ronment.” and Joe DiMauro who make it part of one of the premier events in the Valley. Another example of their sustainable their business mission to give back to the Joe has been purchasing his fish at the environmental business practices includes communities in which they have lived their Fulton Fish Market for 26 years and he not selling caviar at the market because entire lives. Twenty-six years ago, Joe asks every one of his vendors to make a the demand is depleting the sturgeon fish. decided to leave the world of New York donation to the Shad Fest. What is not Being the dedicated businessman that he City advertising and buy a little business donated by their vendors, Joe and Joni is, Joe did some research and found a called Mount Kisco Seafood. Then in 1997, donate from their businesses. They pull Massachusetts company that does not he and his wife, Joni a former Westchester every favor and connection they have for harm the surgeon during caviar harvesting, County social worker, bought a restaurant the event and the result is the Riverkeeper’s thereby allowing Mount Kisco Seafood to in Mount Kisco called The Fish Cellar. 2,000 guests are treated to a delectable offer caviar during this past holiday season. Joni left her job as a Westchester County smorgasbord of poached salmon, shad roe, Joe gets some of his information from social worker to run the restaurant, while and other delicacies, along with organic a weekly newsletter called Nibbles that Joe continued to operate Mount Kisco wines and locally brewed beers. brings attention to the issues in the water. Seafood. In addition to the food and beverage He also reads National Fisherman and Look on the program of just about any sponsors, the entire staff from Mount other publications to keep up on the top- nonprofit event in Northern Westchester Kisco Seafood and The Fish Cellar comes ics that might affect his business. Joe told and you will most likely see a “thank you” to Garrison to cook and serve on the day me, “I have always tried to stay aware of to Mount Kisco Seafood and The Fish of Shad Festival. “Our staff loves it,” Joni what is happening. The mercury in fish Cellar. Riverkeeper has been fortunate that says. “In fact, one year one of our wait- was of concern to me ten years ago. If a Joe and Joni, along with their entire staff, staff was so excited about the event and pregnant woman comes to my store I will have chosen to go all out for us. Riverkeeper that she went home and made talk to her about the fish she can eat while It all started about six years ago when a donation online that same evening.” she is pregnant and nursing. We can’t save Joni and Joe attended their first River- “The day is long, usually extremely hot the world, but we can do our part in our keeper Shad Festival; they fell in love with behind the stoves, a lot of hard work, but area. It’s all about giving back what you the event and the concept. It was a beauti- we all love it,” says Joe. can.” ful day and there was an incredible feast Why do they put so much effort into Riverkeeper recognizes Joe and Joni with people from all walks of life coming supporting Riverkeeper? “Because there is as our unsung heroes for their business together to celebrate the environment and nobody else out there like you guys who practices and personal choices and com- the river. For two people who start each are protecting the environment,” says Joe. mend them for serving our communities day with a “toast to the fish” and pay As local business people, Joe and Joni so generously. ■

23 New Staff

Development Team AIDS Walk events in the cities of Environmental Ethics and was responsible for research

member news Tara D’Andrea has joined of Chicago, Atlanta, Boston, Law, and numerous book on energy policy and climate Riverkeeper as Grants Officer and Denver. In addition, she chapters and law review arti- change nationally and in de- and brings several years of planned and coordinated spe- cles. In addition to Pace, has veloping nations. Immediately fund-raising experience. Most cial events for the Juvenile taught at the United States prior to joining Pace University, recently she was Associate Diabetes Research Foundation Military Academy at West Mr. Tafur served as Deputy Director of Development at in Westchester County and Point, and Whittier Law School Director of the Program for The Culinary Institute of developed fundraising programs in Costa Mesa, CA. A veteran Alternative Development of America in Hyde Park, New for Brookwood Child Care, a of 15 years of litigation prac- the Presidency of Colombia. York. Prior to that she was non-profit child welfare agency tice, Dr. Goldstein holds a As a private practitioner in with The Bard Graduate in Brooklyn, New York. doctorate (S.J.D.) and a Colombia, he was responsible Center for Studies in the Master’s degree (LL.M.) in for obtaining the environmen- Decorative Arts, Design, and Hudson River Team environmental law in addition tal and local permits for the Culture, a graduate school and Dr. Robert J. Goldstein, to his JD degree; he also holds construction and operation of cultural institution in NYC, Senior Attorney, has been long a Master’s degree (M.E.M.) a natural gas power plant in where she managed founda- associated with environmental from the Yale School of Colombia. Mr. Tafur received tion, government, and corpo- causes in the Hudson Valley as Forestry and Environmental his J.D. from Universidad rate grants for a range of former director of environmen- Studies. Javeriana in Bogota, Colombia, activities including academic tal programs and professor at Victor Tafur, joined is now completing his doctor- programs, art exhibitions and Pace Law School. There, Dr. Riverkeeper as Staff Attorney ate in environmental law at catalogues, and public educa- Goldstein garnered national in September 2004 after com- Pace and has been appointed tional programming. and international recognition pleting his Masters in Environ- adjunct faculty to teach Energy Asia Sherman has taken for his innovative initiatives to mental Law at Pace Law School Law beginning in spring 2005. on the Development Associate use environmental law to pro- and serving as a staff attorney position after volunteering at tect human rights; created the at the Pace Law School’s several Riverkeeper Shad Virtual Environmental Law Energy Project. At the Energy Festivals. In 1999, she com- Library; founded the Journal Project, Victor represented pleted her thesis at Vassar of the Pace Center for Envi- environmental and community College on the water resources ronmental Legal Studies, the interests in proceedings involv- of the Nile River Basin. Prior Pace-Brazil Program, and a ing the siting of energy facili- to that, she coordinated two joint-degree program with Yale ties in New York State, and international fellowship pro- University. He is the author of grams at the Social Science Ecology and Environmental Research Council in New Ethics: Green Wood in the York and worked in the sports Bundle of Sticks which deals department of the Denver with legal solutions to the Rocky Mountain News. problems of sprawl and non- Teresa Walsh brings devel- point source pollution, editor opment and events manage- ment skills from non-profits across the country to her Events Coordinator role at Riverkeeper. Teresa has signifi- cant campaign experience with

24 An Excerpt from Crimes Against Nature BY ROBERT F. KENNEDY, JR. sterilize our lakes, poison our YOU SHOW ME A POLLUTER AND I’LL SHOW YOU A SUBSIDY. I’ll show fish, and sicken our people. you a fat cat using political clout to escape the discipline of the The administration’s attacks on free market and load his production costs onto the backs of the science and the law have put public. something perhaps even greater The fact is, free-market capitalism is the best thing that could at risk—our values and our happen to our environment, our economy, our country. Simply democracy. put, true free-market capitalism, in which businesses pay all the George W. Bush and his court costs of bringing their products to market, is the most efficient and are treating our country as a democratic way of distributing the goods of the land—and the grab bag for the robber barons, surest way to eliminate pollution. Free markets, when allowed to doling out the commons to giant function, properly value raw materials and encourage producers to polluters. Together they are cash- eliminate waste—pollution—by reducing, reusing, and recycling. ing in our air, water, aquifers, wildlife, and public lands As Jim Hightower likes to say, “The free market is a great thing and divvying up the loot. They are turning our politicians into —we should try it some time.” indentured servants who repay campaign contributions with tax- In a real free-market economy, when you make yourself rich, payer-funded subsidies and lucrative contracts and reign in law you enrich your community. But polluters make themselves rich by enforcement against a booming corporate crime wave. making everybody else poor. They raise the standard of living for If they knew the truth, most Americans would share my fury that themselves by lowering the quality of life for everyone else. And this president is allowing his corporate cronies to steal America they do that by escaping the discipline of the free market. from our children. ■ The coal-burning utilities that acidify the Adirondack lakes, poison our waterways with mercury, provoke 120,000 asthma attacks, and kill 30,000 of our neighbors every year are imposing costs on the rest of us that should, in a free-market economy, be reflected in the price of the energy when they bring it to the mar- ketplace. By avoiding these costs, the utilities are able to enrich their shareholders and put their more conscientious and efficient competitors out of business. But these costs don’t disappear. The American people pay for them downstream—with poisoned fish, sickened children, and a diminished quality of life. Every one of our federal environmental laws is intended to restore true free- 2004. market capitalism in this country so that the price of bringing a LIVO product to market reflects the costs that it imposes on the public. O The truth is, I don’t even think of myself as an environmentalist LENA © E anymore. I consider myself a free-marketeer. Along with my col- HOTOS leagues at the NRDC and Waterkeeper, I go out into the market- P place and catch the cheaters. We tell them, “We’re going to force AMANDA HEARST, ALEX MATTHIESSEN, AND ANNE HEARST (LEFT TO RIGHT). you to internalize your costs the same as you internalize your Van Cleef & Arpels honored Riverkeeper this fall as the benefit profits.” Because when polluters cheat, it distorts the entire charity for its New York launch party of the Hawaii collection. marketplace and none of us benefit from the efficiencies and Designed by Amanda Hearst, Riverkeeper junior board member democracy that the free market promises. and daughter of dedicated Riverkeeper board member Anne Generations of Americans will pay for the Republican campaign Hearst, the tropically inspired line features Passe-Partouts, pieces debt to the energy industry and other big polluters with global that can be worn as a necklace, bracelet, clip or belt ornament. instability, depleted national coffers, and increased vulnerability to Guests gathered at the Hawaiian-themed Van Cleef storefront oil-market price shocks. They will also pay with reduced prosperity on Fifth Avenue to mingle amidst the elegantly displayed line of and quality of life at home. Pollution from power plants and traf- jewelry while sipping champagne and Rivertinis, specially con- fic smog will continue to skyrocket. Carbon dioxide emissions will cocted for the evening. aggravate global warming. Acid rain and mercury will continue to 25 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CROTON POINT AND HUDSON RIVER WATER TESTING

n the fall of 1998, 2001 and 2004, student researchers in water quality parameters: Iron, Chromate, Chloride, Calcium, IRachel Van Der Stuyf’s and David Albano’s Chemistry in the Copper, Cyanide, Sulfate, Nitrate, pH, dissolved oxygen. Community class at the Academic Community of Fox Lane High School in Bedford conducted water chemistry testing and studied 2004 Results and Notes from Netting on Shore of Croton Bay fish species composition in the Hudson River and Croton Point Netting samples on the shore of Croton Point Bay in 2004 yield- Bay. While the data the students collected was not subject to a ed six species: golden shiner, mummy-chug, silverside, striped statistical analysis, comparison of the results over the six-year bass, three-spine stickle back, and glass shrimp. The same species sampling period suggests a trend in Hudson River water quality. were collected in 2001 with the exception of the stickle back, Following is the students’ report on their findings. which had been absent from the Hudson for almost three decades.

Student Authors: Jonathan Drew, Peter Mosca, Michael Papa, Our Observations Based on Testing Data Sandra Roman, Dana Sheck The following are initial observations made by the student researchers after analyzing the data. Student Researchers: Brittany Felder, Andrea Ferraro, Erica ■ The cumulative data show that throughout the years chromate Ganns, Sarah Greely, John Herbert, Jillian Kawecki, Maria appears only once and currently tests negative. Lofaro, Peter Mosca, Karina Patino, Michael Papa, Sandra ■ The average temperature in the past years, as well as in 2004, Roman, Stephanie Ruiz, Dana Sheck, Camille Stokhammer and has stayed in a range of a low of 13.26 C and a high of 18.46 Balbina Vilorio C. (All temperature readings taken the last week of October or the first week in November.) Our Purpose: To test the Croton Bay and the Hudson River over ■ Data shows that pH levels have stayed fairly neutral; measur- the course of twenty-four hours and then use EPA and Clean ing a low of 5.5 and a high of 8. Water Act standards to assess the quality of this water. Testing ■ From 1998 to 2004 average dissolved oxygen levels have risen. will be for concentrations of nitrate, iron, chromate, chloride, The results in 2004 show larger changes from test to test than sulfate, calcium, and dissolved oxygen. Turbidity, temperature, in previous years. and pH levels also will be measured. ■ Iron and Copper are found almost exclusively in bottom sam- ples. Iron appears to be present in high concentrations. Copper Our Predictions/Hypothesis: Previous data demonstrate that the has shown up in very small quantities. water quality improved from 1998 to 2001. This leads to the DATA COLLECTED prediction that water quality will continue to improve, relative to EPA standards for wildlife and general human use. This is the third time in six years this testing has been conducted. Following is a table with the average findings for each substance. These findings Our Procedures reflect testing at no fewer than four sites with samples collected three times over a twenty-four hour period. Some tests were quantitative and so are Sample Collecting noted with a positive if at least one test resulted in a positive result. Student researchers collected water samples from five different sites. Researchers were divided into three shore groups and two Substance 1998 2001 2004 canoe, offshore groups. Chlorine 0.33ppm .366ppm positive Shore groups took samples from testing sites #1, #2 and #3. Calcium (ppm) positive positive 13.1ppm Researchers noted turbidity and recorded temperature. After Sulfate (ppm) positive positive positive gathering samples, researchers picked up inorganic debris (garbage) PH 6 6.3 7.8 along the shore. Cyanide (ppm) positive negative (no testing Off-shore groups took samples from testing sites #4 and #5 via done) canoe. These groups paddled out to sites about ten meters off- Copper* (ppm) 0.108ppm (no testing (no testing shore. To test turbidity, researchers used a turbidity disc. Bottom done) done) samples were collected using a bottom-sampler. Researchers also Chromate (ppm) 5.0ppm negative negative collected surface samples and recorded temperature. Iron* (ppm) 3.5ppm 5.0ppm 4.0ppm Dissolved O2 (mg/l) 7.95m/l 9.45m/l 10.24m/l Lab Procedure Nitrate** (ppm) (no testing (no testing 30.18ppm done) done) After completion of sample gathering, the groups reported to *average concentrations from bottom samples their lab area. Each individual researcher was assigned to a team **Nitrate results may not be accurate due to calibration of equipment and tested samples for the following potential pollutants and

26 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ✆ HOTLINE CALLS

Each month we receive dozens of reports of possible environmen- tal violations. Our investigator, Basil Seggos, leads an investigation team that helps us determine whether the matter should be referred to federal, state or local authorities, or become the subject of citizen enforcement action by Riverkeeper. Seggos can be reached at 845-424-4149, extension 230 or 800-21-RIVER or by send- ing an email to [email protected]. The following are sam- APA P ples of recent calls or emails to our pollution hotline: ICHAEL

© M ■ Poughkeepsie, NY: Anonymous emailer reports that oil is seeping

HOTOS into Fallkill Creek from a municipal filling station in P FOX LANE HIGH SCHOOL STUDENTS CONDUCTING WATER CHEMISTRY TESTS. Poughkeepsie. Riverkeeper notified DEC, leading to an over- $100,000 oil spill cleanup. ■ The levels of Calcium tend to be lower in the morning and higher ■ Poughkeepsie, NY: Boat Captain reports turbid plume of whitish in the afternoon samples. water flowing from a massive gravel quarry south of Poughkeepsie. ■ In 2004, Chlorine was more consistently present in all testing sites. ■ Staten Island, NY: Anonymous caller reports illegal and intentional ■ The fish netted, particularly the three-spine stickle back, appear discharges from a cement plant on Staten Island; case referred to to indicate that in general water quality is improving. Baykeeper. ■ Bronx, NY: Boat captain reports multiple boat wrecks over the Our Conclusions course of a few months north of the George Washington Bridge, Prior to this research, our hypothesis was that the quality of water and well as illegal fill at the adjacent Dykeman Marina. in the Croton and Hudson Rivers would continue to improve rela- ■ Middletown: Emailer reports manholes overflowing with raw tive to EPA standards. This hypothesis was partially correct. The sewage during rain events. quantity of most of the pollutants did decrease and pH levels also ■ Nyack, NY: Hotline reports the Nyack DPW dumping construction moved to a healthier range. debris and other material at the mouth of Nyack Creek, a desig- Initially, we measured nitrate levels ranging from 15.012- nated stream restoration project site. 42.031ppm. EPA’s maximum acceptable level of nitrates is 10ppm. ■ Nyack, NY: Caller reports foamy water entering Nyack Brook, However, we subsequently discovered that our nitrate probe was possibly from a car wash. ■ faulty and our high numbers were not accurate. We now know that nitrates run between 2 and 5ppm in the Hudson River. Based on our results we concluded that the waters around Croton Point Park contain nitrates, but still fall within EPA standards. Another substance that tested at fairly high levels was calcium. We researched the amount of calcium and discovered that our results were accurate. Calcium is a naturally occurring element and the amounts are relative to the amount of limestone in the area. The presence of the stickle back in 2004 says something about the overall health of the river. The stickle back is particularly sen- sitive to sewage, which is rich in nitrates. The recovery of a long- absent species is reassuring, as are reports that striped bass are growing larger. The presence of striped bass minnows points to a healthy river. Previously, pollutants in the Hudson had prevented bass from spawning. Also, because we found no change fish species composition in 2004, this suggests that the river is at least as healthy as it was in 2001. When looking at the data and comparing this year to previous years, we notice that the levels of most of the pollutants dropped. Hudson Orbe, one of Riverkeeper’s younger advocates Thus, although the rivers are not pollutant-free and we did not shows his enthusiasm for protecting the River. have the capability to test for some of the more notable pollutants such as PCBs, the overall health of the rivers appears to have improved. ■

27 Getting in touch with Riverkeeper…

Address Website P.O. Box 130 www.riverkeeper.org Garrison, New York 10524 E Mail [email protected] Fax 845.424.4150 White Plains Office 914.422.4343 Phone 845.424.4149

Riverkeeper P.O. Box 130 Garrison, NY 10524