2010

THE NEXT CHAPTER: Riverkeeper, Clean Water and You! Board of Directors DEAR FRIENDS , Dr. Howard A. Rubin Joe Boren Chair When I took the helm of Riverkeeper in 2000, we had a budget Lorraine Bracco Robert F. , Jr. of less than $1 million, ten staff members, a patrol boat that Vice Chair Ann Colley was on the river roughly 60 hours a year, and an enforcement Peggy Cullen Hamilton Fish program that was limited largely to the mid-. Secretary David Kowitz Even after rightsizing our operation in the wake of the Jeff Resnick John McEnroe Treasurer economic downturn, Riverkeeper has grown into a $3.2 million Anne Hearst McInerney Alex Matthiessen organization with a strong professional staff of 22 and a patrol President Michael Richter boat that’s out on the river six days a week, logging over 1,000 Jed Alpert Dennis Rivera Executive Committee hours and 6,000 river miles a year. Riverkeeper’s influence now Renee Rockefeller Amanda Hearst extends from Hudson Falls to New York Harbor, from Albany to City Hall and dozens of Ronald A. DeSilva Executive Committee Emeritus municipalities in between. George Hornig Arthur Glowka When Riverkeeper founder Bob Boyle came up with the idea of putting a man or Executive Committee Emeritus woman out on the river to patrol its waters and collect evidence to bring polluters to John Moore Henry Lewis Kingsley Executive Committee justice, he knew that a full-time presence would not only enable us to spot violators and Emeritus John Abplanalp force compliance with environmental laws, but deter would-be polluters from polluting in Richard R. Knabel John H. Adams Emeritus the first place. He was right then, and now. Today, Riverkeeper is more than just one guardian, flanked by support staff. With institutions like Pace Law School and Columbia University’s Lamont-Doherty Earth Staff Observatory as partners, we are a team of over 35 lawyers and advocates, scientists and ALEX MATTHIESSEN HEARTIE LOOK Hudson Riverkeeper & Volunteer Coordinator grassroots organizers, fundraisers and communications experts, each of whom possesses a President CRAIG MICHAELS passion for the river, all of whom dedicate themselves daily to our mission of ensuring ROBERT F. K ENNEDY , Jr. Watershed Program Chief Prosecuting Attorney Director clean water for every citizen of this world-renowned valley. And that doesn’t include Riverkeeper’s army of volunteers and interns who are vital to our success. DEBORAH BRANCATO PHILLIP MUSEGAAS Staff Attorney Program In the last decade, Riverkeeper has racked up – alone and together with our environmen - Director tal partners – a slew of important victories: a No Discharge Zone designation for the ALLISON CHAMBERLAIN Membership Services Manager PAMELA PINTO Hudson River; the start of General Electric’s long-overdue PCB cleanup; the most formida - Membership and GWENDOLYN CHAMBERS Marketing Manager ble challenge to a nuclear plant’s continued operation anywhere in the country, resulting in Communications Producer concrete safety improvements; a settlement at Belleayre Mountain in the Catskills in which TINA POSTERLI RAMONA CEARLEY Press Officer 1,200 acres were set aside for permanent protection; a $60 million PCB cleanup settlement Assistant to Hudson River Program MARY BETH POSTMAN at the highly contaminated ARCO Hastings site; a record penalty against Executive Assistant to for failure to control turbidity in our drinking water supply; the establishment of the TARA D’A NDREA Robert F. Kennedy, Jr. Major Gifts Manager Riverkeeper-envisioned Hudson River Estuary Preserve, which will help facilitate land JAMES L. S IMPSON KATARINA DUPLESSY Staff Attorney preservation along the river for decades to come; Superfund designation for the long- Vice President & COO suffering and a major reclamation effort underway on a long-blighted REBECCA TROUTMAN ROSE MARIE GRANDE Senior Counsel waterway called Newtown Creek; the initiation of a statewide campaign to stop industrial Administrative Assistant JOSH VERLEUN gas drilling, which may be the biggest threat to safe and clean drinking water the state has EMILY GRIFFIN Staff Attorney & ever seen; and the list goes on. Development Assistant Chief Investigator But despite the enormous progress we’ve made, we still have plenty of work to do. We JOHN LIPSCOMB BILL WEGNER Patrol Boat Operator Staff Scientist need to make sure GE finishes the job it’s spent 35 years and over $100 million trying to avoid. We need to sound a clarion call to the federal government to reinvest in our failing STELLA LIROSI Operations Manager sewage and storm water infrastructure that threatens a new era of declining water quality. And we need to rescue the Hudson’s fish, many of which are in a state of long-term decline, despite past success in building up their populations. While Riverkeeper has had to adjust to the “new” economy like everyone else, I am proud to say we have done so without losing ground in advancing the cause of clean water. WWW .RIVERKEEPER .ORG 2009 was a banner year for Riverkeeper and, as always, our members were critical to our © R IVERKEEPER 2010. R EADERS ’ LETTERS & COMMENTS WELCOME . RIVERKEEPER IS A REGISTERED TRADEMARK AND SERVICE MARK OF RIVERKEEPER , I NC . A LL RIGHTS RESERVED . success – whether through your generous financial support or stalwart activism. We are embarking on the next chapter in our fight for clean water. We will need you to continue to stand with us and help us further build our ranks so that we can meet a new decade of challenges head-on. Many thanks for your unfailing support – both past and future. See you on the barricades! PRINTED ON 100% RECYCLED PAPER , NATURALLY — Alex Matthiessen, Hudson Riverkeeper & President Riverkeeper’s mission is to protect the ecological integrity of the Hudson River and its tributaries, and to safeguard the drinking water supply of New York City and the lower Hudson Valley. > Take Action Ch Fact: At Riverkeeper, a nickel a day helps to protect oose 1,460,000 gallons of clean drinking water for an Your 2 entire year! Got water? Im Letter from The Hudson Riverkeeper pact Annual Membership Volunteering Sign up for your 12 month membership Riverkeeper depends on volunteers to today by visiting Riverkeeper.org and share their time and talent to carry our 4 4 “Take Action!” clean water mission forward. Interns, Patrol Boat Log Ambassadors, street teams, event Monthly Installment aides and phone bankers are just a Membership (Sustainers) few of the volunteers needed through - Become a sustaining member by using out the year. Contact us at (914) 478- your credit card to spread your dona - 6 4501 x252 or email [email protected] tion into monthly installments in the for specific opportunities. Hudson River Program amount of your choice. Membership couldn’t be easier or greener! Employee Campaigns Start a new Earth Share campaign at Become a Champion 6 your workplace or choose Riverkeeper 10 Champions are members who bring as the recipient of your company’s The Docket new members to the Movement. There annual employee campaign. You can are several simple ways to become a also designate Riverkeeper to receive Champion: United Way campaign contributions. I Personal Fundraising Pages – Create your own Riverkeeper Tribute/Memorial Gifts 13 fundraising page online, set your Honor friends, family, or a special Policy Updates goal, then blast your page link to occasion with a Tribute Gift. Honor the your email contacts. Visit “Start a memory of a loved one with a 14 Membership Campaign” in the Memorial Gift. Spread the Word page of Take Major Gifts – Designated 14 Action at Riverkeeper.org. Watershed News I Host an event – A birthday, Campaign Gift anniversary, block party or commu - Large gift donors have confidence that nity meeting are great occasions to Riverkeeper will use their gift to meet ask your friends, family and our greatest needs, or can choose to designate their gift to a specific cam - 18 colleagues to make their gift a Cover Story: membership to Riverkeeper. paign. Gifts of stock can be made by The Next Chapter: I contacting National Financial Services Membership Drive – Join hundreds 18 Riverkeeper, Clean Water and You! of other Champions in our annual at (800)752-7053, DTC 0226 Account # spring Membership Drive, culminat - KPA-163759. ing with a celebration at the Shad Planned and Estate Giving Festival and Hudson River Cele- Help Riverkeeper to plan for the future 22 bration. Sign up today for the big by naming us as a beneficiary of your Event News Drive or start your own at school, at estate, trust or other planned giving work or with your congregation. options today. Your generosity sustains Special Events our mission and builds a lasting legacy Riverkeeper connects with its mem - in your memory. 22 bers and supporters throughout the Get it Going – We’d be year with our one-of-a-kind events. happy to hear from you: Visit Events at Riverkeeper.org or sign Take Action Online at: Riverkeeper.org, up for our monthly eNewsletter to be By phone at: (914) 478-4501 x232 sure you don’t miss anything! By mail at: 828 S. Broadway, Suite 101, Riverkeeper is the official publication of Riverkeeper, Tarrytown, NY, 10591 Inc., an independent, member-supported environ - Sponsorship mental organization. Riverkeeper is a registered Corporate partners and sponsor oppor - trademark and service mark of Riverkeeper, Inc. tunities benefit Riverkeeper and provide For additional information, call All rights reserved. (914) 478-4501 x226 or email unparalleled access to community Cover art © Kim Barron relations and corporate responsibility. [email protected]. Cover photo by GILESASHFORD.COM 3 Tires cleared from Harlem River Two wooden girls at Catskill May: On the Bronx side just September: In June, Riverkeeper

g north of the 207th street bridge, joined the Henry Hudson we found hundreds of tires Quadricentennial Flotilla up the o dumped down the bank – cover - Hudson and conducted our l ing several hundred feet of monthly water quality sampling shoreline. The area is between during the nine-day passage. In t the river and “Storage Post,” a September, a dozen Dutch sail -

a self-storage facility. Although ing vessels arrived in NY as we observed no active dumping, deck cargo on a ship from o we referred the case to NY More tires took their place Holland. The fleet spent a few

b State Department of Environ- September: We’re still finding weeks cruising up the Hudson mental Conservation (DEC) discarded tires in the upper half to Albany. We spent the night

l which investigated and fined the of the Harlem River. Although with them at Catskill. The Dutch storage property owner, resulting the dumping from the “Storage sailors were great fun! The “bot - o in the tires being cleaned up. Post” seems to have stopped, ter” next to Riverkeeper is a r Nice response. it appears that now there is wooden vessel built in 1934. t another site where waste tires She’s still engaged in fishing in

a are being dumped to avoid the Holland’s shallow inland waters. tire recycling fee. We have an p idea where the new dumping is Coal tar – Gowanus Canal occurring, but never see it taking and Poughkeepsie Combined Sewer Overflow place. Must be at night, because June/August: Coal tar was a (CSO) the greatest concentration of by-product of a process which Riverkeeper Patrol Boat Operator John Lipscomb June: CSOs are one of the floating tires is always in the extracted gas from coal. The gas reports from the river. primary reasons we still have dan - morning. We’re working on it. was used for heating, cooking gerous spikes of sewage Wish I had a time lapse camera. and lighting until the 1960s. contamination in the Hudson. This Today, there are hundreds of one is from (there are polluted sites in NY State, 500 of them in NYC alone), but including many in the Hudson we see the same thing in Troy Valley, where the Manufactured and CSOs exist at many commu - Gas Plants (MGP) once operat - nities in between. Generally, ed. On the Gowanus Canal in CSOs only discharge untreated , we routinely see coal sewage when there has been a tar bubbling to the surface from rain event that overloads the sys - contaminated bottom sediments. tem – but not always. These But it’s not just a NYC problem. sewage discharges are “permit - The second photo shows coal ted” by NY State, but it’s unac - tar on the water and in the ceptable that we still have these reflection of the new Railway problems 37 years after the pas - Bridge Park at Poughkeepsie. sage of the . It This one is about 4,000 feet from doesn’t have to continue this way. Poughkeepsie’s drinking water The public has to demand better intake pipe. MGP sites are slowly – then polluters will lose permits being targeted for remediation by and funding to repair the system NY State DEC – which is a good will be found. See related story, thing. See related story, “How’s the Water?, ” page 6. “Superfund Update,” page 8. 4 Riverkeeper as tow boat May: On May 16th, southbound from Albany, we came upon a 30 foot motor boat with 6 persons aboard which had drifted ashore due to engine failure. We towed them off the bank and into Catskill Creek. Other “heroic” rescues by Riverkeeper include two kids and a capsized canoe near Stockport, a stranded sailboat near Norrie Pt., Successful enforcement on Newtown Creek two guys off a burning 40 footer near Piermont Pier, a bass boat, etc. August: We observed glass and mixed paper and plastic labeling falling off a deck barge at Sims Municipal Recycling facility on Newtown Creek. We contacted Sims management and within ONE DAY had a response from the facility manager and his staff. They immediately shifted to deep hopper barges. Great response – prob - lem solved. We wish everyone behaved this way.

Sewage discharge at Troy On August 25th, we found a dry weather sewage discharge at Troy. I contacted NY State DEC via cell phone. An Environ- Tagging Atlantic Sturgeon mental Conservation Officer near Norrie Point met me at Troy and we returned June: We came upon the DEC to document the site together. fisheries team in the process of DEC and Riverkeeper contacted tagging six males – all about 6 City of Troy independently and feet long. These fish are so the outfall was shut off. This astounding to see up close! Our event will be part of the evi - Atlantic Sturgeon population has dence used by DEC in a poten - been nearly wiped out by over - ROAR at West Park tial enforcement action against fishing. There are more males October: Religious Organizations Troy. The sample bottle contains now because it was the Along the Hudson River (ROAR) sewage and toilet paper frag - English Kills, Newtown Creek females that were taken for is a group of nine congregations ments – microbial levels were The water in the inner reaches their eggs/caviar. Any species with property along the Hudson. too high to measure – “off the of urban waterways like whose eggs are a gourmet treat We’ve had ROAR members chart.” Newtown Creek and Gowanus is in real trouble! Unlimited har - aboard on the Tappan Zee, at Canal is polluted beyond com - vest of a fish species just Indian Point and at Kingston – prehension. Yes, the white stuff before they spawn is a pretty three outings with 22 guests. in the foreground is water. efficient way to exterminate Their mission statement reads, These “out of sight – out of them. We did it to Atlantic in part, “we share kinship with mind” waterways are like giant, Sturgeon until 1997 and River all creation” and “human beings 500 foot diameter pipes dis - Herring and American Shad as and the natural world must go charging a toxic mix of petrole - well. This year however, the into the future as a single um products, heavy metals, shad fishery has been suspend - sacred community or both will chemical compounds and ed – in the hope that the stock perish.” Riverkeeper and ROAR sewage pathogens into the can be restored. Our declining are working together on shad waters of NY Harbor and the herring population still has no and herring protection and Hudson. We have much work protection at all. See related restoration. They are wonderful ahead to clean these cesspools story, “Fishable River Campaign partners and we are very grate - up. See related story, Update,” page 7. ful for their help. “Superfund Update,” page 8. I To view more patrol boat photography visit: www.flickr.com/hudsonriverkeeper 5 N W O R B Y

How’s the Water? C A R T :

Four years of water quality testing T I D E R

by Tracy Brown and John Lipscomb Other findings of note: C O

I T

2009 was a worse year for O H hanks to the hard work of many individuals and organiza - water quality than 2008 P Ttions, water quality in the Hudson River has improved dra - (29% of samples were matically since passage of the Clean Water Act in 1972. Public “unacceptable” in 2009 m perception of the river has also improved. Once the butt of jokes, compared with 19% in 2008). It was also a wetter

a the Hudson River Estuary is now enjoyed as a 153-mile long year in terms of rainfall. recreational destination. r I Rainfall is one of the con - The approach taken by state and local health agencies to moni - sistent triggers of sewage g toring and reporting on water quality, however, has not kept pace. overflows, however, it is County departments of health in river communities are not testing not the only cause. Other o the water with the frequency needed to serve the public health. causes include wastewater r The results of the testing they conduct are often not released to the treatment plant failures or

p public, and when it is, the data is often averaged in ways that inadequacies, faulty septic obscure important local details. systems, illegal sewage

B hook-ups, wildlife and M r In response to the growing O C S

P agricultural livestock. I need for timely and consistent L I N e Most importantly, sewage H

O data on sewage contamination, J

: contamination is usually a T I D

v Riverkeeper started the Water E

R local problem, caused by C i

O Quality Testing Program in T discharges that local resi - O H r

P 2006. The program is a partner - dents could address once ship with scientists from armed with the facts. Columbia University’s Lamont- n Doherty Earth Observatory and The good news is there are

o CUNY’s Queens . The locations in every part of the Dr. Andy Juhl and Carol Knudson primary program goal is to cre - Hudson River Estuary that are s from Lamont-Doherty Earth ate a river-wide dataset that largely free of sewage con - Observatory processing samples. brings the problem of sewage tamination. If we invest in our d contamination to the attention of the public and the officials with wastewater infrastructure and

u the power to address the causes. After all, ignorance is not bliss persuade our local health agencies to institute frequent when the health of the public and river ecology are at risk. h testing and reporting regimes, Now starting our fifth year of testing, with more than 1,500 we can increase the days and samples taken, we have meaningful findings to share that tell us locations where our citizens about water quality throughout the estuary in general, at specific can go in the water and enjoy problem locations, and in relation to rain events and infrastructure The Hudson River themselves without worry. Program team serves as shortcomings. We are also finding other potential areas for related To learn more about investigator, scientist, research, such as sewage microbes persisting in river sediment or Riverkeeper's Water Quality lawyer, lobbyist and being aerosoled (released into the air). Program and the Swimmable public relations agent for the Hudson River One finding which has surprised many, is that the water quality River Campaign that it and its tributaries. around NYC is very similar to that in the mid- and upper-Hudson. supports, please visit All regions of the Hudson have clean locations and clean days as www.riverkeeper.org.This well as hot spots and bad days. On average, the water has micro - year you will see a new and improved design for review - bial levels exceeding federal guidelines 22% of the time, or 1½ ing our data using Google days out of the average week, throughout the river. But people Maps. We also now publish don’t swim at an average time or at an average location. That is monthly water quality reports

M why Riverkeeper is calling for frequent local testing to be conduct - O showing our findings broken C . D

R ed, with results made available to the public in a reasonably short

O down by county.To receive F H S

A time frame so that the public can evaluate the water quality at the this report, simply sign-up S E L I I G locations where they recreate. for the Riverkeeper Y B

O eNewsletter on our site. T O

H “I sail and swim with my kids in the Hudson River and it's reassuring to me that P 6 Riverkeeper’s efforts are tracked on the water testing area of the website. Thanks for making your great work transparent.” — Jonathan Flaks, M.C.C., Riverkeeper Ambassador FISHABLE RIVER CAMPAIGN UPDATE C E D Y N Y Working to Protect the Hudson River’s S E T R U O C S E

Dwindling Fish Population G A M by Josh Verleun I H S I F n 2008, Riverkeeper released tion; sewage overflows; power behalf of shad protection and Ithe “Pisces Report,” a com - plant fishkills; invasive species; restoration; petitioning the prehensive analysis of the sta - ocean bycatch; and overfishing. Governor of New York to fully ASMFC recently finalized an tus of thirteen signature fish Despite emergency fishery implement a comprehensive amendment to the coast-wide species in the Hudson River. regulations enacted by the New shad recovery plan; submitting management plan for the The Pisces Report revealed that York State Department of written legal comments to both species which requires that all ten Hudson River species have Environmental Conservation the DEC and the ASMFC; states that cannot demonstrate declined in abundance since the (DEC) in 2008, populations engaging member partner that their river herring fishery is 1980s including shad, tomcod have continued to decline to groups to support shad with sustainable must close. New and white perch. Since the historically low levels. letter writing campaigns; and York State is currently evaluat - release of the Pisces Report, This year saw the closure of leading an effort to have com - ing whether a sustainable fish - Riverkeeper’s Fishable River the historic Hudson River ments read supporting shad ery can be maintained. Campaign has worked to halt American Shad fishery and protection at the February, In addition to shad and river the decline of Hudson River’s increased efforts to protect the 2010 ASMFC conference. herring, Riverkeeper also signature fish species and species coast-wide through the Riverkeeper also weighed in weighed in on other fishery pro - restore their numbers to sus - Atlantic States Marine Fisheries on coast-wide efforts by the tection efforts including submit - tainable levels. This campaign Commission (ASMFC). ASMFC to protect river herring. ting legal comments in support has advocated for comprehen - Riverkeeper’s efforts to restore With populations along the East of a proposal by the National sive fish protection by address - the Hudson and East Coast’s Coast and in the Hudson also Oceanic and Atmospheric ing the many negative impacts dwindling shad populations in decline, river herring is Administration to list Atlantic on the health of the fish includ - included: attending public another species in need of com - Sturgeon as endangered under ing: habitat loss and degrada - meetings and speaking out on prehensive protection. The the Endangered Species Act. I

Power Plants and Cooling Water usage by 95–98%. This modern technology reuses water, result - Riverkeeper’s Historic Work to Save the Hudson’s Fish ing in enormous benefits to the ecosystem, drastically reducing By Rebecca Troutman fish mortality. Riverkeeper continues the fight that began in the 1970s to pressure the older plants to retrofit to this superior p and down the shores of the Hudson River, power plants technology. Unfortunately, the power companies continue to Udot the landscape, most of them continuing to use outdated employ vast resources to vigorously resist any requirements to technology known as once-through cooling. These power plants use the new technology, and instead seek to rely on far less withdraw billions of gallons of Hudson River water each day in effective measures to reduce fish kills. order to cool their turbines and produce electricity. While gener - Currently, Riverkeeper attorneys are in various stages of ating profits, they are extracting a large cost on our river’s preparation for adjudications concerning this environmental aquatic life. This enormous water use needlessly kills billions tragedy for the Indian Point, Bowline and Roseton power plants. of fish, eggs and larvae each year, by impingement (the fish are The Indian Point plant, which alone withdraws up to 2.5 billion slammed against screens gallons of water per day, is scheduled for adjudication in the fall and injured or killed) and of 2010. The parties are in the midst of discovery during which entrainment (fish and other thousands of documents are being exchanged and experts are aquatic organisms are preparing reports as to what constitutes “Best Technology pulled through the power Available,” the standard set forth in the federal Clean Water Act. plant and exposed to lethal Meanwhile, Riverkeeper continues its advocacy at the state and chemical, thermal, and federal level, working with both the federal Environmental physical stress). Closed- Protection Agency and the New York State Department of cycle cooling, which has Environmental Conservation to see that new implementing existed for decades, would regulations adhere to the law and provide the needed protections drastically reduce water for the declining fisheries of the Hudson. I

7 …The fragile river that carries the shad to us, is losing its battle against the forces of man’s endeavors. The river that flows two ways a gift of nature and a gift an old fisherman can not save alone. — Excerpt from The Son of the Old Fisherman , a poem by Seamus Powell, son of Riverkeeper member, Jon Powell m a r

g SUPERFUND UPDATE o r p r

e Newtown Creek v i ast September, the U.S. Environmental Protection Agency r n M (EPA) announced it was considering designating Newtown O

o L C . s D

R Creek a Superfund site, a move that could finally result in the d O F u H S A h cleanup of the Creek after decades of neglect. Newtown Creek S E L I

G is a tributary of the Hudson and East Rivers, located between Y

FIGHTING FOR A FUTURE B

O Brooklyn and Queens. Over a century of industrial pollution T O H WITHOUT INDIAN POINT P and raw sewage overflows have rendered the Creek one of the By Deborah Brancato most highly polluted waterways in the . Riverkeeper filed formal comments supporting the EPA in December, and a iverkeeper’s tireless efforts to prevent the relicensing of Indian final decision is expected in 2010. Under Superfund, the EPA RPoint are quickly approaching a critical juncture. In an will bring its considerable legal and technical resources to bear upcoming landmark hearing, along with the State of New York to completely address the legacy of contamination that has and Hudson River Sloop Clearwater, we will present evidence nearly obliterated the Creek’s natural systems and posed a demonstrating why Indian Point must not be allowed to operate public health risk to nearby residents. for an additional 20 years. Riverkeeper has been active on Newtown Creek since 2002, Much is at stake as we prepare for this momentous occasion: when our first boat patrol discovered oil seeps, abandoned I Continued operation of Indian Point would generate at least cars and floating garbage littering the Creek. We also helped 1,000 additional tons of highly toxic nuclear waste. With no found the Newtown Creek Alliance, a coalition of elected offi - national permanent disposal solution forthcoming, this waste cials, local residents, business owners and other non-profit would sit on the banks of the Hudson River indefinitely, posing organizations working to improve the Creek and adjoining ongoing security and environmental risks; neighborhoods. Over the past eight years, Riverkeeper has I Relicensing the plant will continue to force the 20 million peo - also established itself as the leading pollution enforcer on the ple living within 50 miles of the plant to bear the unfair risk of Creek, exemplified by its citizen suits against oil companies, a serious incident. With no workable emergency plan, a cata - cement manufacturers and other polluters. strophic radiological release, not unthinkable given the frequen - cy of component malfunctions and unplanned plant shutdowns, Gowanus Canal would completely devastate the region. In May 2009, the U.S. fter almost 150 years of industrial use and decades of Nuclear Regulatory Commission (NRC) proposed a so-called Araw sewage discharges from New York City’s combined overhaul of emergency preparedness regulations applicable to sewer system, the Gowanus Canal in Brooklyn, NY has nuclear plants that would still fail to squarely address the insur - become one of the nation’s most contaminated bodies of mountable difficulties which would prevent effective evacuation water. The putrid sediments at the bottom of the canal con - around Indian Point in the event of an emergency; tain PCBs, heavy metals, pesticides, volatile organic com - I Allowing Indian Point to continue operating means that the pounds, sewage solids and coal tar wastes. In April, 2009 EPA facility would remain a credible terrorist target, for which announced that it had nominated the Canal for listing on the inadequate protective measures are in place; Federal Superfund National Priorities List (NPL). Since this I Ongoing use of an antiquated cooling system will continue to announcement, Riverkeeper has been a vocal supporter of destroy Hudson River fish populations; Superfund and a critic of attempts by the City of New York I Continued operation will increase the risk of inadvertent and developers to derail the proposal. radioactive releases into the environment. This would add to In March 2010, the EPA made the decision to place the the current plumes of contamination at the plant created by Gowanus Canal on the NPL. The EPA has begun conducting leaking spent fuel pools, which are slowly leaching into the a comprehensive study called the Remedial Investigation to Hudson River. Both the owner of Indian Point and the NRC determine the extent of contamination in the canal. The refuse to properly assess the impacts of such contamination to Agency will then move forward with a Feasibility Study and the surrounding ecosystems, even though it will persist for years propose several possible cleanup approaches for the Canal. to come. Once a cleanup “remedy” is selected, work will begin to clean Riverkeeper stands at the precipice, ready to face this last big the Canal’s toxic sediments and halt pollution from property opportunity to shut Indian Point down for good and allay the along its banks. concerns that otherwise will continue to go unaddressed by the complacent oversight by agencies and multi-billion dollar corpora - — By Phillip Musegaas and Josh Verleun tions only concerned with the bottom line. I 8 GE’s PCBs: Dredging Begins but the Battle Continues By Rebecca Troutman

or decades, Riverkeeper and its allies expert to review the data and press for a Fhave fought for the removal of General safe and complete clean-up. According to Electric’s toxic PCBs (polychlorinated EPA’s schedule, GE will state its intentions biphenyls) from the Hudson River. Finally, regarding Phase 2 in the fall of 2010. on the historic date of May 15, 2009, the For over 30 years, General Electric long-awaited cleanup of the River began. dumped toxic PCBs into the Hudson River However, this battle is far from over. from two capacitor plants, in Hudson Falls Although Phase 1 of the two-phased and Fort Edwards. Although in 1970 GE plan to dredge the contaminated sediments had been warned by Monsanto, the manu - concluded in late October, and according facturer of PCBs, to prevent PCBs from to both the U.S. Environmental Protection entering the environment, GE discharged Agency (EPA) and GE, about 300,000 PCBs until 1977. This environmental trav - cubic yards of sediment and debris were esty, which led to the designation of a 200- removed (exceeding the target amount), mile stretch of the River as a federal GE is now critical of many aspects of the “Superfund site,” caused the virtual closure project. Moreover, GE’s recently released of the Hudson’s commercial fisheries — “Draft Phase 1 Evaluation Report Hudson historically one of the most productive in River PCBs Superfund Site” states that cer - the world, as well as the ongoing exposure tain standards set for the project are in of animals, other aquatic life, and humans “inexorable conflict.” Although EPA’s to the toxic chemicals. Monitoring in recent review of the data leads to many different years has shown that PCBs from the con - conclusions, unfortunately, pursuant to the taminated sediment in the Upper Hudson 2006 settlement agreement between EPA continued to travel downstream, over the and GE, GE retained the option to refuse Federal Dam at Troy, as far as the Battery to perform Phase 2 – which includes ap- in Manhattan at the rate of over 500 lbs proximately 90% of the sediment removal! per year. During this past year’s dredging, it was learned that the Upper River contami - Although Phase 1 of the two-phased nation was even more extensive than had plan to dredge the contaminated been estimated, further underscoring the sediments concluded in late need for large scale removal. October, and according to both EPA PCBs have been labeled as likely human and GE, about 300,000 cubic yards of carcinogens by the EPA, and are suspected of causing liver damage and cancer, and sediment and debris were removed have serious effects on brain chemistry, (exceeding the target amount), GE reproduction and infant development is now critical of many aspects of (linked to low birth weight, thyroid dis - the project. ease, and learning, memory, immune sys - tem disorders). Exposure is mostly from The remediation project is now in an consumption of PCB-laden fish. evaluation phase in which GE and EPA are Riverkeeper has long advocated for a 9 0 exchanging written reports on the data comprehensive solution to the toxic legacy 0 2 , N from Phase 1; a peer review panel will eval - of PCBs in the Hudson and will continue O T R O uate those reports and issue its own find - to press both the EPA and GE to fully N N H O

ings; and, comments by other stakeholders comply with their responsibilities to end J © S

will be incorporated into the process. River- this toxic legacy. EPA’s fact sheet on Phase O T O H

keeper plans to fully participate in this 1 can be found at www.epa.gov/hudson/ P process, working with an independent EndofPhase1.pdf. I

9 “My father and his father before him made a living fishing the Hudson. Maybe one day, GE will get this all cleaned up. Maybe the government will make them make it right.” — Jon Powell, Riverkeeper member (Catskill Mountains, NY): (Catskill Mountains Chapter of Trout Unlimited, Inc., Theodore Gordon Flyfishers, Inc., Catskill-Delaware Natural Water Alliance, Inc., Federated Sportsmen’s Clubs of Ulster County, Inc. and Riverkeeper, Inc. v. City of New York (“Catskill Mountains,” or “Esopus Creek”) As a result of Riverkeeper’s federal Clean Water Act victory against the city of New York in the landmark case of Catskill Mountains Chapter of Trout Unlimited et al. v. city of New York ( see Esopus Creek article on p. 15 ), New York City must now obtain a state Clean Water Act permit for its discharge of turbidity from the Shandaken Tunnel into Esopus Creek. During the state administrative permit process, Riverkeeper argued that the draft permit was illegal because it included numerous exemptions, that allowed for violations of state water quality standards. The state rejected Riverkeeper’s claims and issued the draft permit. Riverkeeper then sued DEC and in August 2008, the NY State Supreme Court, Ulster County, granted Riverkeeper’s petition against the DEC, finding that the Shandaken Tunnel permit exemptions were illegal. The court ordered the current permit to be vacated. New York City appealed this decision but in January 2010, the Appellate Division, Third Department affirmed the lower court’s ruling that the City’s permit is illegal. The City has now asked for leave to appeal this case to the New York Court of Appeals. Riverkeeper is represented by the Pace Environmental Litigation Clinic in this case.

Tilcon Clinton Point (Poughkeepsie, NY): In September 2009, the Department of Environmental Conservation (DEC) announced that stone quarry operator Tilcon had agreed to pay a $150,000 penalty for pollution of the Hudson and Hackensack Rivers. Environmental viola - tions occurred at several of Tilcon’s stone quarries and an asphalt plant and ranged from dumping stone aggregate into the Hudson to illegal wastewater discharges to air and mining permit violations. Riverkeeper has a long history of fighting pollution at Tilcon’s Clinton Point Quarry in Poughkeepsie. Over the course of a multi-year investigation, Riverkeeper peti - tioned the DEC to strengthen the facility’s Clean Water Act permit and has put pres - sure on Tilcon improve facility operations. ExxonMobil Oil Spill (Greenpoint, Brooklyn, NY): Riverkeeper continues to engage in settlement negotiations with Exxon and the State of New York to resolve Riverkeeper’s 2004 citizen suit against Exxon under the Clean Water Act and Resource Conservation and Recovery Act regarding the 17 million gallon oil spill that has contami nated a section of Greenpoint and Newtown Creek. The NY Attorney General’s Office filed its own suit against Exxon in 2007, and negotiations commenced over a year ago. Riverkeeper is represented by the Pace Environmental Litigation Clinic in this case.

Gowanus Enforcement Campaign (Brooklyn, NY): On September 16, 2009, Riverkeeper announced the beginning of an enforcement campaign targeted at breakers on the Gowanus Canal in Brooklyn, New York. Riverkeeper filed Notices of Intent to Sue against: 6th Street Iron and Metal, a scrap yard, for dumping metal, and debris into the Canal; Ferrara Brothers Building Materials Corp, a cement plant discharging liquid cement and stone into the Canal; and 107 Sixth Street LLC and 36-2nd-J Corp., for operating an open dump and filling the Canal from a parking lot on their property. After filing our Notice letters, 6th Street Iron and Metal took steps to clean up their property and has been cooperating with the NYC SBS Dockmaster Unit. The state Department of Environmental Conservation is currently pursuing enforcement against Ferrara Brothers and 107 Sixth St./36-2nd J Corp.

10 Lehigh Cement (Catskill, NY): In December 2009, the Department of Environmental Conservation (DEC) fined Lehigh Northeast Cement Company $150,000 for discharging landfill leachate into the Hudson River, for failing to take reasonable steps to stop this discharge, Highlights of select and for failing to report this discharge to the department. During the construction Riverkeeper legal cases of a leachate collection system for the facility’s landfill, the volume of leachate increased dramatically, overflowing reten - tion ponds and flowing into the river. This fine follows on a $50,000 fine levied against Lehigh Cement for leachate discharges from another landfill on their property into a wetland and the Hudson River. In 2008, Riverkeeper filed a Notice of Intent to Sue Lehigh after an extensive investigation revealed landfill leachate with a pH similar to bleach being dis - charged into a wetland and the Hudson River. Following Riverkeeper’s Notice, the DEC stepped in and issued the fine. Riverkeeper continues to regularly monitor this facility to ensure that permanent steps are taken to halt any future discharges.

U.S. EPA Water Transfers Rule Challenge (USA): (Catskill Mountains Chapter of Trout Unlimited, Inc., Theodore Gordon Flyfishers, Inc., Federated Sportsmen’s Clubs of Ulster County, Inc., Catskill-Delaware Natural Water Alliance, Inc., Riverkeeper, Inc., Waterkeeper Alliance, Inc., Trout Unlimited, Inc., National Wildlife Federation, Environmental America, Environment New Hampshire, Environment Rhode Island and Environment Florida v. United States Environmental Protection Agency) In June 2008, EPA issued its Water Transfers rule. This rule runs contrary to numerous judicial holdings (including the Second Circuit’s decision in the Catskill Mountains case) and states that interbasin water transfers do not require Clean Water Act permits. In response, Riverkeeper, along with the original co-plaintiffs in the Catskill Mountains case, sued EPA, claiming the new rule is contrary to the Clean Water Act and represents an abuse of discretion by the agency. Riverkeeper is again being represented by the Pace Environmental Litigation Clinic, who filed suit in United States District Court of the Southern District of New York and the Eleventh Circuit Court of Appeals. Nine states, including New York, and the Canadian province of Manitoba, also filed suits against EPA. Both cases have been stayed pending the outcome of a separate enforcement action, Friends of the Everglades v. South Florida Water Management District, which is pending in the Eleventh Circuit. The Eleventh Circuit Court of Appeals ruled in favor of defendants South Florida Water Management District in the Friends of the Everglades case. However, with motions for re-hearing pending in that matter, the stay of the Southern District of New York and Eleventh Circuit cases challenging EPA’s water transfers rule remains in effect.

11 M O

Left to right: John Lipscomb, C RIVERKEEPER . D

Josh Verleun and pilot James McVey R O F H S A

ENFORCEMENT UPDATE: S E L I G Y BRINGING ENVIRONMENTAL B O T O H LAWBREAKERS TO JUSTICE P By Josh Verleun

ver since a blue-collar coalition of commercial and recreational Efishermen, marines, factory workers, and carpenters banded together in the 1960s to take the Hudson River back from the abuses of industrial pollution, Riverkeeper has been a watchdog RIVERKEEPER AERIAL PATROLS: for the Hudson, enforcing the law and bringing environmental TAKING TO THE SKY TO PROTECT NEW YORK’S WATERS lawbreakers to justice. Riverkeeper carries out our mission to protect the Hudson with Regular waterborne patrols of the Hudson River and its tributaries regular boat patrols, and the help of concerned citizen “watch - are at the core of Riverkeeper’s mission as New York’s clean water dogs” who aren’t afraid to roll up their sleeves to defend our advocate. Several times each year, Riverkeeper’s boat presence is waterways. Whether it’s an anonymous tip to Riverkeeper’s Chief enhanced by aerial patrols, enabling our investigative team to gath - Investigator Josh Verleun through the “report a polluter” hotline evidence for important cases and campaigns; seeing behind or a concerned citizen flagging down our patrol boat operator walls and fences to view new evidence of illegal activity or subtle John Lipscomb from the shore, Riverkeeper relies on our members changes that are often undetectable from the water alone. Aerial and concerned New Yorkers to be our eyes on the River. patrols have found: coal tar and petroleum sheens in NYC; a barge This year, Riverkeeper launched a new enforcement campaign to leaking oil into the Hudson near Newburgh; illegal discharges from track down polluters on Brooklyn’s toxic Gowanus Canal, filing a cement plant and quarry; bright yellow ponds of highly alkaline actions against a cement plant for illegal discharges of liquid leachate flowing into the River; and evidence used to prosecute cement and aggregate, a scrap yard for dumping metal into the numerous other cases. I canal, a tour bus maintenance lot for operating an illegal dump, and warning an asphalt plant to improve barge loading operations. Riverkeeper also responded to watchdog tips and worked with Environmental Conservation Police Officers to: bust a tire dumper on the Harlem River; halt illegal dry weather discharges from a combined sewer overflow in the City of Troy; warn a large indus - trial operation on Newtown Creek to improve barge loading oper - ations; file an action against a mid-Hudson racetrack for polluting a trout stream; and investigate dozens of additional tips and citizen watchdog reports. Riverkeeper’s efforts to bring environmental lawbreakers to justice are greatly enhanced through collaboration with local, state, and federal law enforcement agencies. During the last year, Riverkeeper was invited to partner with the New York State Department of Environmental Conservation’s Law Enforcement Division, working with officers and legal staff to investigate and refer cases. Riverkeeper also works closely with the Westchester County Police Department Environmental Security Unit, the Environmental Crimes Unit of the Brooklyn District Attorney’s Office, the NYC Small Business Services Dockmaster Unit, the U.S. Environmental Protection Agency, the U.S. Attorney’s Office, and participates in the NYC Clean Harbor Taskforce, which removes derelict boats from New York Harbor. I

12 H.R. 4003, the Hudson River Valley SSMP is a key part of Mayor Bloomberg’s Special Resource Study Act PlaNYC, which aims to “green” New York On March 19, 2010 the U.S. House of City by 2030. Riverkeeper and SWIM share the Representatives passed this legislation, which goal of returning the Hudson River to a “fish - would fund a federal study to assess whether the able, swimmable” state in the near future, so Hudson Valley should be made a unit of the that all New Yorkers can enjoy a clean and National Park Service. Unlike a traditional ecologically healthy river. s National Park, this designation would be found - ed on close cooperation between the National Newtown Creek Community Grants e Park Service, state and local government and pri - Riverkeeper is partnering with state agencies, t vate landowners, with federal funding going to local community groups and the Greenpoint

a support and promote this unique region. A Manufacturing and Design Center (GMDC), a National Park designation, done wisely, will pre - local economic development organization, on d serve the region’s remarkable natural beauty by two projects in the Newtown Creek area. First

p attracting tourism and supporting a strong, sus - is a Brownfields Opportunity Area (BOA) grant tainable local economy. Riverkeeper has worked from the State of New York, which Riverkeeper u closely with state and federal elected officials, and GMDC are using to prepare an economic state agencies and land preservation groups such redevelopment study of Newtown Creek and

y as Scenic Hudson, to improve management of the neighborhoods adjacent to it in Brooklyn remaining undeveloped lands and river habitat and Queens. The goal of this study is to map

c along the mid and upper Hudson River. out the vision for the future development of i this area that balances the needs of business l S1730/A4272, Citizen Suit Amendment to owners and local residents and “greening” the

o NY Environmental Conservation Law neighborhoods bordering the Creek. Riverkeeper strongly supports these companion p bills introduced by State Senator Schneiderman Second is a joint partnership with the DEC to and Assemblyman Brodsky to add a “citizen design and construct a “Green Sewershed Pilot suit provision” to the Environmental Conserva- Project” in the Newtown Creek sewershed, tion Law (ECL). Modeled on the Clean Water funded by the United States Forest Service, that Act and other federal environmental statutes, will demonstrate the benefits of using green this would give citizens the right to bring infrastructure, such as street trees and perme - enforcement actions against polluters in New able pavement, to reduce stormwater pollution York for violations of a wide range of state into Newtown Creek and the Hudson River. environmental laws, including those that address water pollution and hazardous waste. The New York State Environmental The federal citizen suit provisions have been Protection Fund (EPF) Riverkeeper works to strengthen the laws and extremely useful and beneficial tools for citi - In the midst of the state’s worst budget crisis in regulations that impact zens and environmental advocates and would decades, Governor Paterson is threatening to our water resources. give Riverkeeper a powerful new weapon in its slash funding to the EPF, which includes fund - fight to protect the Hudson River and New ing for the DEC’s Hudson River Estuary York City drinking water supply. Program. The EPF provides critical funding for state agencies and local governments to carry SWIM Coalition out environmental clean-up and restoration pro - As a founding member of the Storm Water grams. Riverkeeper is partnering with Scenic Infrastructure Matters (SWIM) Coalition, Hudson, the Nature Conservancy and other Riverkeeper is actively working with other environmental groups to prevent Governor member groups to ensure that New York City Paterson and the Legislature from making short addresses the problem of combined sewage term budgetary decisions that will have long

M overflows (CSOs) from its antiquated sewer term impacts on our environment. Riverkeeper O C . D

R system. SWIM works to make sure that New strongly believes that a healthy, clean environ - O F H S York City maximizes the use of “Green ment is a prerequisite to long-term economic A S E L I

G Infrastructure” such as street trees and green prosperity, and is currently urging lawmakers to Y B

O roofs in its effort to adhere to its Sustainable maintain the Estuary Program’s $6 million T O H

P Stormwater Management Plan (SSMP). The budget and the EPF’s $222 million. I 13 Drugs in our Drinking Water: The Problem of Pharmaceutical Pollution

By Bill Wegner contaminants have caused and found detectable levels of

s esearch during the past ten infertility in Mississippi River antibiotics, steroids, hormones, Ryears has found that phar - Pike, sex reversal in fish in Great and other prescription and

w maceuticals have been making Britain and shellfish spawning non-prescription drugs. The their way into our water sup - too early or too late because of USGS sampling included eleven

e plies—including prescription Prozac in their waters. sites in the Croton Watershed. and non-prescription drugs, In addition to the direct All but one of the stream sites n steroids and hormones. These effects hormones and other contained detectable levels of compounds are released into pharmaceuticals have on our various steroids and hormones,

d the environment through bodies, when these compounds eight streams contained various wastewater treatment plants combine, they can create even antibiotics, and all eleven e and household septic systems. greater toxic reactions. Other streams contained various

h A 2008 Associated Press threats exist when antibiotics pharmaceutical compounds. investigation showed that an are released into the environ - Many of these organic s array of pharmaceuticals has ment, giving rise to the develop - compounds enter and persist in r been found in the drinking ment of drug-resistant bacteria, surface waters through human

e water supplies of at least 41 and when pharmaceuticals excretion and wastewater dis -

t million Americans in 24 major degrade into more persistent posal. Hallocks Mill Brook, metropolitan areas. So far, the compounds and enter surface which receives treated effluent

a trace concentrations detected waters in addition to their par - from the Yorktown Heights in surface waters have been ent compounds. Many pharma - Wastewater Treatment Plant,

w minute – parts per billion or ceuticals detected in wastewater contained seven steroid and even parts per trillion. However, outflows (effluent) undergo hormone compounds, ten because pharmaceuticals are transformation reactions during human pharmaceutical com - designed to alter our bodily chlorine disinfection, creating pounds and seven organic functions and systems, they new compounds that have wastewater compounds. The The Watershed may pose health risks as their never been tested and may pose fact that these drugs were Program uses public education, advocacy concentrations in drinking unknown health risks. recovered in wastewater efflu - and litigation in order water supplies increase over Because pharmaceuticals are ent streams demonstrates their to protect the unfil - time. not regulated by the U.S. ability to survive treatment and tered drinking water supply for 9 million While pharmaceuticals in Environmental Protection biodegradation processes. New Yorkers. our water resources may be Agency under the Safe Drinking This past January, New York harmful, it’s the hormonal Water Act, wastewater treat - Attorney General Andrew compounds that pose the most ment plants regularly release Cuomo announced a settlement significant health risks. Some prescription drugs into receiv - with five healthcare facilities breakdown products of estro - ing streams in their effluent. that flushed pharmaceutical gen compounds are highly Treatment technologies exist to waste into the New York City toxic to human cells and cause remove these organic waste - Watershed. The five facilities DNA damage in breast and water contaminants, but most are located in Delaware and uterine tissue. Even low-level treatment plant operators have Putnam Counties and within

S exposure to estrogen com - not retrofitted their systems the New York City Watershed. R E B M

A pounds alters normal hormone because the expensive under - Riverkeeper supported this ini - H C

N levels in aquatic species. taking is not required by law. tiative and is actively monitor - Y L O

D Studies report that male alliga - In 2000, the U.S. Geological ing this emerging issue and N E W

G tors exposed to estrogen in Survey (USGS) surveyed phar - threat to our waterMore : T I D

E Florida wastewater failed to maceutical and other organic research is needed to fully R C

O develop full-sized genitals; wastewater contaminants in evaluate the potential human T O H

P other organic wastewater 139 U.S. streams in 30 states (Continued on page 15) 14 L E K R A M N A D :

health impacts of long-term exposure to O BY CRAIG MICHAELS

T Victory on Esopus Creek O H

trace amounts of pharmaceuticals in drink - P ing water supplies. n January 2010, the NewYork State Appellate Division,Third Department handed down another The New York City Department of Ivictory for Riverkeeper in our decade-long battle to save Esopus Creek, a renowned trout stream Environmental Protection began testing in the heart of the Catskills. Since 2000, Riverkeeper, Catskill Mountains Chapter ofTrout Unlimited, NYC reservoirs for pharmaceuticals in Theodore Gordon Flyfishers, and other groups have fought NewYork City’s illegal discharges of 2009; results of that pilot study are pending. mud and turbidity into the Esopus. In the meantime and for the future, we can As part of the NewYork City drinking water supply, the City has been operating the Shandaken help by disposing of unused medications at Tunnel since 1924 in order to bring water from the Schoharie Reservoir into Esopus Creek, which designated take-back facilities instead of then flows into the Ashokan Reservoir. From the Ashokan, the water travels via pipes and aque - flushing them down our sinks or toilets. If ducts towards the taps of nine million NewYorkers. Unfortunately, this operation results in massive no local collection areas exist, people should amounts of turbid, polluted discharges into the Esopus, which has turned the once pristine stream follow federal guidelines established for the into a muddy river that local fishermen now refer to as “Yoo-hoo Creek.” proper disposal of household pharmaceuti - This legal battle began in 2000 when the staff and students of the Pace Environmental Litigation cals wastes. These guidelines can be found at: Clinic (the lead attorneys on this matter) filed a federal Clean Water Act citizen suit on behalf of www.whitehousedrugpolicy.gov/publications/ Riverkeeper and four other co-plaintiffs.This action resulted in a $5.7-million-dollar fine against the pdf/prescrip_disposal.pdf. Proper disposal City and an order for the City to obtain a permit for its illegal discharges. Once the permit was of medical waste by healthcare facilities issued, however, we were forced to file an action in state court against the City and State of New also eliminates the unnecessary introduc - York for issuing an illegal permit that allowed for the City to routinely violate water quality stan - tion of these contaminants to surface water dards.The Supreme Court, Ulster County agreed with us that the permit was illegal and the recent supplies. These proactive practices will decision from the Appellate Division affirmed the lower court’s ruling. reduce the amount of pharmaceuticals While this latest ruling signals yet another important victory in our fight to protect the entering watershed streams until their Watershed, the mud continues to flow from the ShandakenTunnel into Esopus Creek and the battle potential health impacts can be adequately that started over a decade ago remains far from over. Hopefully the City will realize someday soon researched and evaluated to protect that if it wants to use streams as conduits for our water supply, it must do so in accordance with consumers and the environment. I state and federal law, and not at the expense of important trout habitat. I

15 s w e n d e h s r e t a K W A w H T H G I L Y B T H G I L F / R I A F Y R N E H

Industrial Gas Drilling: J 0 1 0 2 ©

The Fight to Protect New York’s Water Supply Continues E G A M I

By James L. Simpson Watershed. The affected watershed area is water contamination. Furthermore, togeth - the Catskill/Delaware portion, a large area er with our environmental partners, he issue of Industrial Gas Drilling in the Catskills. Surface impacts alone make NRDC, Earthjustice, and Catskill Tthroughout a significant portion of industrial gas drilling an unacceptable threat Mountainkeeper, we retained expert con - New York State rose to the forefront dur - to the high quality of unfiltered drinking sultants to prepare joint technical com - ing 2009. Deep below the ground in south - water for half the State’s population. ments on DEC’s draft EIS. ern New York lies the Marcellus Shale, a New York State recognized the potential DEC closed the public comment period thin layer of sedimentary rock approxi - environmental impacts from this new tech - on December 31, 2009 and is now review - mately one mile underground, deposited by nology and directed the New York State ing the over 13,000 public comments it an ancient river delta. The vast Marcellus Department of Environmental Conserva- received. We expect DEC to respond to Shale extends from Tennessee, through tion (DEC) to conduct a supplemental these comments in a final EIS and will con - most of , across Pennsylvania environmental review of impacts from it, tinue to follow this issue closely. For exam - and eastern Ohio, and into the Southern and to propose measures to mitigate those ple, we are monitoring state and federal Tier of New York, including the Catskills impacts. This process, carried out in accor - legislation that may affect where and how and the West-of-Hudson portion of the dance with the State Environmental industrial gas drilling moves forward. New York City Watershed. New York’s Quality Review Act (SEQRA), involves the In addition, in 2009 we issued five vol - portion of the Marcellus Shale is approxi - preparation and release of a draft environ - umes of our Industrial Gas Drilling mately 18,750 square miles. mental impact statement (EIS) for public Reporter, a sixth volume earlier this year, Gas drilling companies want to tap into review and comment. and more volumes to come. The Reporter this shale reserve and extract natural gas. DEC released its draft EIS in September compiles information associated with this To do so requires use of a resource-inten - 2009. Upon our review, it became evident activity from around the country – includ - sive procedure called horizontal drilling that DEC rushed to complete this process ing reports of spills and contamination in using high-volume hydraulic fracturing. and is biased towards issuing drilling per - other states, updates to New York’s ongo - Staged from a massive platform (towering mits as soon as possible. Moreover, DEC ing environmental impact review, reports hundreds of feet above ground), drillers has not demonstrated a willingness to con - on new and pending legislation, and sum - drill down vertically into the shale, turn 90 sider certain sensitive environmental areas, maries of the latest information. Our goal degrees to drill horizontally (sometimes for such as the New York City Watershed, as is to educate our members and the general over a mile in length), and then inject mil - off-limits to industrial gas drilling. public on this important and dynamic lions of gallons of water, sand and chemi - Riverkeeper submitted significant com - issue, and to help ensure that concerned cals under high pressure to release the gas. ments on this draft document. Our com - citizens make informed decisions before The pressurized water forms fractures in ments totaled over 150 pages and leasing their land to gas companies. We the rock, which sand and chemicals then identified over 200 specific problems with will continue our fight to ensure that prop open. the draft EIS. Our comments also included hydraulic fracturing does not threaten any - Since the summer of 2008, Riverkeeper a case studies report that detailed instances one’s drinking water, whether it flows has said that industrial gas drilling is inap - in other states where state regulators found down from the Catskill Mountains or up propriate within the New York City that hydraulic fracturing caused drinking from a local well. I

16 “I am significantly concerned with industry efforts towards gas drilling within the watershed and the devastating implications it encompasses. Riverkeeper provides an invaluable service in protecting our watershed against this and many other threats and I am grateful to assist in this effort.” —Janine McDowell, Riverkeeper Ambassador PREPARING TO REPAIR: Reaching out to Communities Affected by the Delaware Aqueduct Leak

By James L. Simpson

ince 2001, when Riverkeeper released Finger in the Dike, SHead in the Sand: DEP’s Crumbling Water Supply Infrastructure , we have been the primary watchdog over the leak in the Delaware Aqueduct, which supplies more than half While the New York City Department of Environmental Y E S

of New York City’s daily drinking water. In March 2009, we Protection (DEP) at long last has taken steps to begin to M A R

updated this report with Preparing to Repair (available at: K prepare to repair the leak, there have been serious con - E R E

http://www. riverkeeper.org/campaigns/safeguard/dep-water/ D

sequences to local residents. This past year, Riverkeeper 6 0 0 delaware-aqueductleak/). While the New York City Department has taken an active role within local communities to 2 © :

of Environmental Protection (DEP) at long last has taken steps O T

help those affected by the leak to take action. O H

to begin to prepare to repair the leak, there have been serious P consequences to local residents. This past year, Riverkeeper has taken an active role within local communities to help those There have been serious consequences to people living in affected by the leak to take action. areas near the leak. Specifically, in Wawarsing, New York More than nine million State residents enjoy clean, unfiltered (located east of the Shawangunk Mountains in Ulster County), drinking water from the New York City Watershed. The 6,000- the aqueduct leak has caused the flooding of homes, contami - mile network of pipes, shafts and subterranean aqueducts car - nated local drinking water wells from flooded septic fields, and ries approximately 1.2 billion gallons of pristine water each day also created sinkholes on private lots and adjacent to the from 19 upstate reservoirs to the taps of half the state’s popula - Danksammer power plant in Roseton. The problem is so bad in tion. The vast majority of this water (90%) comes from the Wawarsing that DEP agreed to provide bottled water to resi - Delaware and Catskill Watersheds in the Catskill Mountains. dents, gave them sump pumps for their basements, and installed The New York City Watershed and its distribution system are a ultra-violet filters for their well water. remarkable engineering achievement and the single largest man - The residents of Wawarsing, together with DEP and other made financial asset in New York State. It is also, without ques - state and local officials, have formed the local Project Advisory tion, the State’s greatest natural resource. Committee (PAC) to update community members on DEP’s leak The Delaware and Catskill Aqueducts are the only two aque - investigation, and to provide a forum to discuss ongoing issues ducts that deliver water from the Catskills, under the Hudson, with the leak. Riverkeeper is a member of the PAC, and attends to downstate consumers. The Delaware Aqueduct, stretching 84 monthly PAC meetings. miles, is the longest continuous tunnel in the world. Water At long last, DEP has taken steps to address the Delaware flows through it via gravity, crossing 350 feet below the Aqueduct leaks. DEP has begun planning for a third aqueduct to Hudson River. Through this complex system, the Delaware carry water from the Catskill and Delaware Watersheds, under the Aqueduct provides approximately 55 percent of the more than Hudson River. In fall 2009, DEP kicked off its 5-year project to one billion gallons of water New York City uses daily. It deliv - begin planning for this third tunnel. In 2008, DEP began a 5-year ers water collected in the Cannonsville, Pepacton, Neversink $240 million project to prepare to repair the leaks. DEP shutdown and Rondout Reservoirs to the Hillview Reservoir in Yonkers the Delaware Aqueduct several times since then to do preparatory where it enters the City’s water supply distribution system. The work on the tunnel before DEP can begin to repair the leaks. Delaware Aqueduct, however, has been leaking for decades. For Recently, the New York State Senate passed a bill that would over 20 years, DEP has known of leaks in the Delaware allow New York State to purchase flooded Wawarsing homes. Aqueduct. Specifically, DEP’s own leak investigations show that As of this writing, the Assembly is considering this bill and the Rondout West Branch Tunnel has been leaking up to 35 Riverkeeper is supporting it. It would, at long last, provide million gallons of water a day at two known leak sites, or Wawarsing residents an end to their nightmare. Riverkeeper approximately one billion gallons a month. This amounts to will continue to monitor and report on this very important issue over one million gallons an hour. and work with residents in affected communities. I

17 “Never have I questioned why I contacted Riverkeeper so long ago and reached out for your help and support. You have helped Wawarsing residents to not be forgotten.” —Julianne Lennon, Wawarsing resident cover story By John Lipscomb, Tina Posterli & Josh Verleun The Next Chapter: PHOTOS BY JOHN LIPSCOMB UNLESS OTHERWISE NOTED . Riverkeeper, Clean Water & You! FOR OVER 44 YEARS , Riverkeeper has been working with concerned citizens to defend and preserve the integrity of the Hudson River and its watershed. It’s this partnership with our members and community stakeholders that has enabled us to bring hundreds of polluters to justice and force them to spend hundreds of millions of dollars remediating the Hudson. One of the most powerful examples of this partnership in action is the story of the investigation into St. Lawrence Cement and Lehigh Northeast Cement Company, and how working together to apply steady pressure on polluters ultimately wins out in the battle for clean water. It’s a story best told through the patrol logs of John Lipscomb, Riverkeeper Patrol Boat Operator, and Josh Verleun, Staff Attorney & Chief Investigator, the two people most in the trenches during this 5-year, ongoing enforcement effort.

1 Case #1 is opened: June 27, 2006 St. Lawrence Cement JOHN : “We’re back in the area on our June 14, 2005 monthly standard northbound patrol. JOHN : “Today I had a group of students Riverkeeper attorney, Jay Simpson, aboard aboard. We weren’t on a pollution patrol; for the day, spotted another building, this I was just supporting their professor who is one in Duck Cove, South of the SLC jetty. also a friend and Riverkeeper member. In Maybe this is the discharge point the passing, he mentioned that as a young man member was talking about. We have the fishing in Inbocht Bay, north of the St. same problem here; the Duck Cove waters Lawrence Cement (SLC) jetty, he remem - are very shallow and choked with floating bered seeing grey plumes of what looked vegetation. We’ll have to wait for winter like dust in the water at the southwest cor - to investigate.” ner of the bay, and said ‘you ought to check on that sometime.’ I started a report November 18, 2006 file (our standard procedure), and made a JOHN : “I’m southbound from Troy on a note to come back late in the year when monthly patrol. I explored Duck Cove with 2 the water chestnut beds would be gone and I the skiff again and found another aban - would have access.” [Photo 1] doned pump building, once an intake sta - tion. Still nothing found, but I’ll keep December 6, 2005 looking. Old pump houses sure are scary JOHN : “This is the last patrol of the year looking things. It was more than a little before ice sets in. I anchored the patrol frightening exploring here alone, I imagine boat and launched the small skiff. a ladder breaking and getting stuck inside I checked the southwest corner of Inbocht – underground. Glad to be back on the Bay where the member had told me to look patrol boat!” [Photo 3] and found a massive pump station, which might have been the discharge point he November 27, 2006 saw in his youth. Now it’s a decrepit, JOHN : “Nine days later, we made our abandoned building, obviously, no longer annual helicopter patrol. All the leaves are in service. Nothing was found today, but off the trees now, so we got a good view the file will stay open.” [Photo 2] beyond what we can normally see from the 3 water, looking behind barriers that block our view from the boat like railroad 18 trestles and hillsides and into shallow bays January 25, 2007 that are inaccessible. Bingo! We discovered JOHN : “Fifty-nine days into the 60 day a huge plume of grey, murky water being waiting period, Riverkeeper received a let - discharged south of the jetty by SLC. Here ter from SLC attorneys and, as usual, they we go, hard evidence for case #1!” [Photo 4] deny any wrongdoing, but take great pains to illustrate all the steps they’ve November 28, 2006 taken and will take to stop the problem. JOHN : “One day later, Riverkeeper attor - That’s great. We don’t care if they admit neys send a Notice of Intent to Sue to SLC wrongdoing, what we care about is that for a Clean Water Act violation. The pol - the pollution source stops. We put our luter has 60 days to comply. I imagine Clean Water Act lawsuit on hold, but being on the receiving end of one of these will be back to check and see if SLC

letters is like waking up to find a giant complies—we’ll keep watching.” M O C . D

python wrapped around you. With each R O F H sentence you read, its coils squeeze you S A

April 28, 2007 S E L I tighter and tighter. I love seeing the “Cc” JOHN : “During my first patrol north in 4 G Y B

list on these things. In this case, it’s the the spring, I stopped to check the site O T O H

Administrator of the United States Envi- of the SLC pollution which we saw on P ronmental Protection Agency (EPA), the US November 27, 2006 and all was well, Attorney General, EPA Regional Adminis- there is no longer any discharge into trator, the Commissioner of the New York the bay.” [Photo 5] State Department of Environmental Conservation (DEC), the New York State Case #2: Investigation into Lehigh Attorney General and the Regional Director Northeast Cement Company of the New York State DEC. The minute August, 2007 this letter is sent to these parties, there’s no JOSH : “My first day at Riverkeeper, way for the polluter to ignore it! In addi - fresh out of law school. Basil Seggos, tion, when we reviewed the photographs Riverkeeper’s Chief Investigator, hand - after the flight, we saw some grossly dis - ed me a file. It contained a copy of the colored ponds next to one of the kiln dust November, 2006 Notice of Intent to landfills owned by Lehigh Northeast Sue SLC, and pictures of alien-looking Cement (LNC). So, we’ve been pursuing bright yellow ponds sitting right next the initial member tip for a year and a half to the river. Because Lehigh and SLC sit and not only did we hit pay dirt, but at the directly next to each other on the west same time, we found a new pollution bank of the river, our first thought was 5 source and opened a second investigation.” that the ponds are part of SLC. As a newly minted Riverkeeper investigator, November 29, 2006 my job was to eagerly spend the next JOHN : “Two days after the flight, the Times several months digging though scientific Herald-Record ran a front page story with studies and working to figure out what a big photo of the SLC discharge. This is kind of pollution could be caused by major for us. It’s absolutely necessary for cement kiln dust, which is what I discov - locals to understand our efforts on their ered was in the landfill next to the ponds. behalf. This is the paper for communities John and I also decided that we needed to around SLC like Catskill, Saugerties, see these ponds up close, and planned a Athens and Hudson.” reconnaissance trip to gather evidence and figure out what was causing these

ponds to turn this shocking color.” M December 4, 2006 O C . D

JOHN : “I called the member to thank him [Photo 6] R O F H for the tip he gave us back in June 2005. S A S E L I

It’s wonderfully satisfying to be able to G

November 27, 2007 Y B call back and report success to a tipster or JOSH : “We set out today to begin our O T O

6 H a member.” investigation into the discolored ponds P we saw from the helicopter last fall. (Continued on page 20) 19 a helicopter patrol is. There’s no way to see We surveyed Duck Cove using the these ponds from the river because of the skiff and had a preliminary look. It small hill, but they are draining into Duck turns out that they are man-made Cove and right into the Hudson.” [Photo 9] settling ponds carved out of a pre- existing wetland at the base of LNC’s northern kiln dust landfill. May 14, 2008 Water percolating through the JOHN : “We returned with the skiff to fur - landfill is picking up contaminants ther investigate the Lehigh landfill leachate and waste products and carrying causing the yellow ponds south of Duck them into these ponds. The color Cove. Investigating this case reminds me of of the water is caused by super how important it is when you get an initial fine yellowish cement dust. All the tip from a member not to close the file trees that once stood in the wet - until you figure out what it was about. 7 land are dead. The only signs of Some tips we get are false alarms and life are some small, dead fish in sometimes we just looked in the wrong one of the ponds. We’re appalled by place at first.” what we see here. We did a preliminary investigation and took an initial round of June 21, 2008 photographs. We’ll have to review the JOHN : “The problem with cement kiln dust existing permits in place for this landfill leachate is that it often has a very high pH, back at the office.” [Photos 7 & 8] so we needed to know what’s in those yel - low ponds. In the course of the monthly Case #3: More violations at patrol, I returned to the ponds alone in the St. Lawrence Cement skiff. This was my first time visiting the 8 January 3, 2008 place in the summer and it was miserable. JOSH : “Today we heard from an anony - Killer horse flies, deer flies, ticks and heat. mous “watchdog” alleging major environ - I measured the pH in the pond closest to mental problems on the St. Lawrence the landfill and it’s 12.33. This is horrible! property. He’s given this same report to The typical pH of household bleach is state officials without success and because 12.5. No wonder there’s nothing living in of the press coverage about the SLC dis - these ponds. In spite of this, Duck Cove charge; he was compelled to contact us. itself is a beautiful place. I saw a bald eagle This is now the third case related to the fishing at the edge of the shallows and a cement plants that started in 2005 and a giant snapper near my landing place. It’s M O

C perfect example of why this kind of media beautiful, wild habitat that needs to be . D R O

F coverage is so critical for us. It engages the protected.” [Photos 10 & 11] H S A S

E public and encourages them to speak up L I G

Y and come to us so we can independently Case #3 comes to a close: Action taken B O T on anonymous watchdog tip

O investigate and report alleged violations to H P the DEC. This kind of tip can sometimes June and July, 2008 slip through the cracks if reported directly JOSH : “The DEC followed up on the anony - to a state official. The power of a report mous report about SLC. This time, there’s from Riverkeeper is that our collective been action. The DEC has entered into two voice is very hard to ignore.” separate Consent Orders with SLC on these numerous violations and fined them Case #1 closes: Case #2 continues $85,000. I contacted the guy who gave us April 23, 2008 the tip and he said, ‘Wow! This is exciting JOSH : “We took our annual helicopter news. I’m so happy to help. Protecting the patrol. Good news and bad news: the SLC environment is very important to us. This is discharge site of November 2006 has truly the community we live in and the river is a ceased and all is well; the bad news is that place where we used to be able to take our 9 close aerial photographs of the Lehigh kids to swim and fish. Thanks for the ponds show a massive problem. This partic - update and your dedication to investigating ular case is a great example of how valuable our report.’ Great! Case 3, closed.” 20 Clock ticks for Lehigh in case #2 expertise whatsoever to recognize that July 10, 2008 there’s a major problem right in front of JOSH : “Back to case 2, the toxic, yellow your eyes. All any one of them would have ponds. Riverkeeper sends LNC a Clean had to do is make a phone call. These Water Act and Resource Conservation and people have the duty and the authority Recovery Act Notice of Intent to Sue over to deal with these problems. But noth - the leachate ponds. Our Notice alleges that ing happened until Riverkeeper came they are causing an imminent danger to the along and picked up these cases.” environment and dumping pollution into the river without a permit, in flagrant vio - December 23, 2009 lation of the Clean Water Act. Here we go, JOSH : “The DEC enforcement is handed the 60 day clock starts.” down on case #4 against LNC over the leachate in the southern landfill. The September 10, 2008 DEC issued yet another Consent Order, JOSH : “The 60 day waiting period ends fined LNC $150,000, and mandated for LNC. Lo and behold, on the final day, them to set aside $75,000 to fund an LNC and NY State DEC announced environmental benefits project. Although they’ve entered into a consent agreement. specifics are not finalized yet, this money Lehigh will pay a $50,000 fine and be will go to a project that will directly bene - 10 forced to design and build containment fit the environment and the Hudson River. and treatment for the leachate from the So, we’re up to four enforcements after landfill and remediate the ponds, which two citizen tips, nine boat patrols, three are part of a natural wetland. So it’s kind helicopter patrols, two Notices of Intent to of case closed, but really not case closed Sue, six DEC Consent Orders and five because a paper agreement often doesn’t years of work. Who knows what we’ll see equal a completed remediation. We’re or hear of next at these sites?” going to have to stay on this and make sure that the consent agreement is JOHN : “We’ll be back upriver with the boat enforced.” starting in April, 2010 and will continue to monitor this area. We’ll follow-up on the Enforcement handed down on case #4: existing enforcement actions, we’ll follow- More trouble at Lehigh Northeast Cement up on the wetland remediation—we’ll November 10, 2009 follow-up until it’s done!” JOSH : “We did our annual aerial patrol and rechecked the area. SLC is still fine, which So, take note Riverkeeper and com - is good, but there’s no remediation yet at munity members, remember this story. the yellow LNC ponds. We also found a It shows your power to take 11 fourth case! There’s a new leachate out - on some of the nation’s biggest break flowing into the Hudson, unbeliev - corporations and advocate for able! We photographed it and forwarded New York’s most majestic our photos to the DEC.” [See photo 12] natural resource.

JOHN : “I realized after these patrols that Although Riverkeeper has the M O C . this series of cases is a perfect example of people and tools to make these suc - D R O F H why Riverkeeper must exist. Over the cesses happen, we need the contin - S A S E L years, imagine how many state, federal and ued support and collaboration of our I G Y B

law enforcement officials have flown up members and the public in order to O T O H

and down the Hudson Valley and looked continue to protect and restore our P onto these very shores, seeing these same waterways. Together we have true plumes of cement dust and yellow toxic grassroots power! I ponds. You don’t have to have any scientif ic 12

21 S R E B

Quadricentennial M A H C N Y Celebrations in 2009 L O D N E

Last year marked the 400th anniversary of Henry W G D

Hudson’s arrival on our shores. Riverkeeper hon - N A N

ored this quadricentennial anniversary, along with W O R B

thousands of New Yorkers, at special events Y C A s R

throughout the Hudson River Valley. T : T I D With a generous grant from the Austen-Stokes E R C O w

Ancient Americas Foundation, we designed a T O H touring exhibit on the Hudson River–complete P e with videos, maps, and historic perspective–that toured the length of Valley, visiting communities n from Manhattan to Albany. We also created an 1

t online version of the exhibit, and its companion brochure, A Glimpse of the Lenape: the Night

n Before , by author Daniel Wolff. If you haven’t seen them yet, visit the “Hudson River Journey” e online today at www.riverkeeper.org/

v hudson-river/hudson-river-journey/. Riverkeeper’s patrol boat set sail as a partici - 2 3 e pant in the weeklong Hudson River Flotilla which retraced Henry Hudson’s voyage and docked at towns along the way where thousands of river lovers came out to welcome the fleet. Captain John Lipscomb, ever the Riverkeeper, was also pulling his monthly water samples as the flotilla made its way upriver. News about One of the highlights of the Quadricentennial Riverkeeper events, volunteers, donors year was the coming together of the leaders of and staff Riverkeeper, Scenic Hudson and Clearwater. The three Hudson River organizations laid out their 4 shared vision for our region in the coming decade. That vision includes clean water, abundant fish, the Photos 1 and 2: Members of the public enjoying Riverkeeper’s Hudson River Journey exhibit. Photo 3: Alex Matthiessen at completion of GE’s PCB cleanup, protected lands joint press conference in celebration of the Quadricentennial. for public river access, a heritage trail the length of Photo 4: Jeff Rumpf, Executive Director of Hudson River Sloop Clearwater; Alex Matthiessen, Hudson Riverkeeper & President; the river on both shores, and an economic revival and Ned Sullivan, President of Scenic Hudson – proclaimed that driven by investment in green jobs and sustainable now is the time to spur increased awareness of the Hudson River’s importance as a natural resource and a foundation for development in our towns and cities. creating a sustainable economic future for the valley. Hamptons EcoSalon

On Saturday, August 22nd, 2009, George and Joan Hornig welcomed more than 100 guests to their home in the Hamptons for Riverkeeper’s first EcoSalon event. The idea behind the EcoSalon is to introduce the top environmental policy makers to thought leaders in the fields of politics, science, the arts, business and entertainment and to share perspectives on many of our most challenging issues. T

After George and Joan welcomed guests, Christie Brinkley shared her personal reasons for being T A W

a long-time supporter of Riverkeeper. Alex Matthiessen introduced Van Jones, President Obama’s N N A : T

former Special Advisor for Green Jobs, Enterprise and Innovation on the Council on Environmental I D E R

Quality, as the special guest speaker. C O T

Following an engaging talk and Q&A between the guests and Van, the co-host committee joined O H P George and Joan for a delicious “green dinner,” featuring favorite selections of local fish and poultry, Alex Matthiessen, Christie Brinkley and produce and desserts. Van Jones at the Hamptons EcoSalon. 22 Fishermen’s Ball The 2009 Fishermen’s Ball lenging issues; and architect lived up to being “one of New William McDonough inspired York’s liveliest and most antic - us with his coda on ecological - ipated events.” The evening ly, socially, and economically honored legends and icons intelligent planning. from every walk of life. Mayor The annual gala took place Michael Bloomberg shared his at Pier 60 on Wednesday, April long term vision for the city’s 22nd, 2009, with ABC news - healthy environmental future; caster Sade Baderinwa wel - T

T Majora Carter reminded us coming Hudson Riverkeeper A W

N that an individual can have a and President Alex Matthiessen, N A : T

I direct impact imposing envi - board co-chair Robert F. D E R

C ronmental solutions; George Kennedy Jr. and 650 guests to O T

O Hornig and Howard Rubin Chelsea Piers. After dinner,

H Westchester P demonstrated that Riverkeeper’s Tony Bennett entertained EcoSalon board leadership is committed guests with his legendary voice Richard Gere and Carey Lowell welcomed guests to their charming to confronting the most chal - and charisma, a fitting tribute Bedford Post Inn on Tuesday, December 1st, 2009 for Riverkeeper’s to the success of the night, Westchester EcoSalon. Generously hosted by Howard and Susan which raised more than Rubin, the event welcomed renowned environmental expert Jeffrey $1.25 million and Sachs, Director of The Earth Institute at Columbia University, to attracted 60 new the barn loft as the featured guest. Members to Riverkeeper’s Following a thought provoking dialogue between Alex Matthiessen Movement. and Jeffrey Sachs, members and guests engaged in a Q&A session. Guests then moved to the Farmhouse, where Howard and Susan hosted a sumptuous dinner in Jeffrey Sachs’ honor.

Photos above, clockwise from top: EcoSalon at Bedford Hills Inn, Riverkeeper attorneys Rebecca Troutman and Phillip Musegaas (far left and far right), Professor Jeffery D. Sachs and Alex Matthiessen. Host Richard Gere. Alex Matthiessen and Professor Jeffery D. Sachs discuss issues ranging from water protection to the state of American politics. Robert F. Kennedy Jr., Mary Richardson Kennedy, Majora Carter, Alex Matthiessen, JOIN US AT THE 20 TH SHAD FESTIVAL AND Ham Fish. PHOTO © D OROTHY HANDELMAN HUDSON RIVER CELEBRATION Mayor Bloomberg A day of “green” family fun at PHOTO © D OROTHY HANDELMAN Boscobel House and Gardens in Garrison, NY

May 16, 2010 G I A R

C Junior Council

For ticket information, please visit Riverkeeper.org M E R

O Junior Council co-chairs Amanda Hearst T E N I

L and Luigi Tadini were joined by Bobby O R A Kennedy, III, in hosting Blue on June 11, C : Y S

E 2009 at the Empire Hotel rooftop deck. T R U O The rainy night didn’t dampen the spirits C O T

O of the 120 metro-environmentalists who H P attended to build upon their interest in Riverkeeper’s clean water mission while establishing new advocacy and social networks. As the Junior Council embraces the Membership call to action, watch for upcoming environmental advocacy and networking events. Join our Riverkeeper Facebook Group at www.facebook.com 23 s w e n

r With Gratitude and Appreciation e b Riverkeeper gratefully acknowledges the generous contributions of our private corporate and public supporters m

e and members, who number more than 5,000 a year. Space limitations and eco-wise production standards allow us m to present donors of $500 and greater in this presentation. This listing reflects contributions received between July 1st, 2008 and June 30th, 2009. We are grateful to all our members. For a full listing, please visit Riverkeeper.org.

GIFTS OF $100,000 Mr. and Mrs. Tom Freston GIFTS OF $2,500 Lend A Hand Foundation, Inc. AND GREATER Mr. and Mrs. Drew Guff AND GREATER Lostand Foundation Google, Inc. Mr. and Mrs. Richard Handler The Alexander Family Foundation The Masters School, Inc. Moore Charitable Foundation Ms. Amanda Hearst Anonymous Donor Mattel The John & Wendy Neu Family Foundation Ms. Claudia Holz Common Sense Fund, Inc. Microsoft Matching Gifts Program/ Wallace Research Foundation Mr. Robert Johnston Eileen Fisher, Inc. Giving Campaign Mr. and Mrs. George Hornig Mr. and Mrs. Sheldon Kasowitz HBO Moore Capital Management, LLC Mr. and Mrs. David Kowitz Mr. Dale Kutnick National Hockey League Alunmni Association Napo Pharmaceuticals, Inc. Mr. and Mrs. John McEnroe Ms. Danielle Levy Schloss Family Foundation National Audubon Society, Inc. Mr. and Mrs. John Moore Ms. Carolyn Marks Blackwood Trout Walk Fund Natural Gourmet Institute For Food and Health Mr. and Mrs. Jeff Resnick Ms. Judy McGrath and Mr. Mike Corbett Whole Foods Norcross Wildlife Foundation, Inc. Dr. and Mrs. Howard Rubin Mr. and Mrs. Klaus Morse von Heidegger Mr. Zack Bacon, III The Pannonia Foundation Mr. and Mrs. Paul Tudor Jones Mr. David Murphy Mr. Andre Balazs Paragon Athletic Goods Co., LLC Mr. Michael Novogratz and Ms. Sukey Caceres Ms. Clara Bingham The Round River Foundation GIFTS OF $50,000 Mr. and Mrs. Peter O’Hagan Mr. Tonio Burgos Starwood Hotels & Resorts Worldwide AND GREATER Mr. Glenn Pacchiana Mr. Edmund Carpenter and Thendara Foundation Mr. Robert Pew The William & Mary Greve Foundation, Inc. AIG, Inc. Ms. Adelaide DeMenil Mr. and Mrs. Robert Pittman Ms. Wendy Abrams Anonymous Mr. Tom Chauncey Mr. and Mrs. Michael Richter Mr. Dan Allegretti The Louis and Gertrude Feil Family Mr. and Mrs. Joseph Cohen Mr. and Mrs. Mark Rockefeller Mr. Jed Alpert Hess Foundation, Inc. Mr. & Mrs. Mark Dalton Mr. and Mrs. Charles G. Ward, III Mr. and Mrs. Randolph Altschuler Mr. and Mrs. Chris Davis Mr. and Mrs. Ron Delsener Mr. Peter Witko and Mrs. Janine Beni Witko Anonymous Donor Mr. Jay McInerney and Mr. Peter DeNeufville Mr. and Mrs. Leo Arnaboldi Mrs. Anne Hearst-McInerney Ms. Andrea Filippone GIFTS OF $5,000 Mr. Lawrence Friedman and Ms. Michele Hertz Mr. Christopher Bartle and Ms. Eva Gartner GIFTS OF $10,000 AND GREATER Ms. Linda Rothenberg Gelfond Mr. Norman Bauman AND GREATER Acclaro, Inc. Mr. and Mrs. John Gilbert Mr. Leonard Benowich and Ms. Ruth Raisfeld Anonymous Mr. and Mrs. Seth Bergstein 1199 SEIU New York’s Health & Mr. and Mrs. H. Peter Haveles, Jr. Bloomberg, LP Mr. and Mrs. Robert Beshar Human Service Union Mr. Joseph Kahn and Ms. Shannon Wu Butler Conservation Fund Mr. and Mrs. Kenneth Buckfire Anonymous Mr. Chris Kennedy The Hyde and Watson Foundation Mrs. Julia Vance Carter Arizona Drinks Mr. Robert Lessin In Demand Network Mr. and Mrs. Gary Colello Austen-Stokes Ancient Americas Foundation Mr. & Mrs. Peter Levy Macy’s, Inc. Mr. and Mrs. George Colony The Camarda Charitable Foundation Mr. Gary Lippman Ports America, Inc. Ms. Diane Davis Credit Suisse First Boston Corporation Mr. & Mrs. John Macfarlane, III The Scherman Foundation, Inc. Ms. Amy Desmond Elisha & Lynn Wiesel Charitable Fund Ms. Sharon Mahn Sports Illustrated Mr. and Mrs. Larry Divney Louise G. Harper Charitable Lead Annuity Mr. and Mrs. Michael Mandel Vanity Fair Mr. Jason Duran Trust Ms. Frances Manzi The Vervane Foundation Mr. and Mrs. Daniel Ehrlich Hearst Corporation Dr. and Mrs. John McGrath Mr. Vickram Bedi Mr. and Mrs. David Elenowitz Hudson River Improvement Fund of the Mr. and Mrs. Dennis Mehiel Mr. Bruce Blank and Ms. Jill Kalman Mr. and Ms. Stephen Flavin Hudson River Foundation Mrs. Ann Mesnikoff Crystal and Mr. and Mrs. Robert Butler Dr. Nathaniel Maclyn Floyd, Jr. Johanette Wallerstein Institute Mrs. Wendy Mesnikoff Mr. Roberto Camacho Mr. Ethan Garber Marwood Group & Co. USA, LLC Mr. Brent Nicklas Mr. Yvon Chouinard Mr. and Mrs. Larry Grafstein New York Community Trust Mr. and Mrs. Travis O’Brien Mr. Kenneth Cole & Mrs. Maria Cuomo Cole Mr. and Mrs. Jeffrey Greenblatt The Philanthropic Collaborative, Inc. Ms. Susan Sarandon Ms. Bridget Cooke Ms. Deborah Harry The Gage Fund Mr. and Mrs. John Sargent Ms. Hillary Cullen Ms. Gillian Hearst-Shaw Pier Sixty, LLC Mr. Lee Shaw Mr. Roger Davidson Mr. Edmund Hollander Polo Ralph Lauren Ms. Connie Steensma and Mr. Richard Prins Ms. Joan Dinowitz Dr. Mady Hornig and Dr. Ian Lipkin Polo Ralph Lauren Foundation Mr. and Mrs. David Stern Mr. and Mrs. Jonathan Durst Ms. Clarice Hunter Robert Sterling Clark Foundation Mr. Stuart Sundlun Mr. Edward Emerson Mr. and Mrs. Robert Jacobson Rockefeller Family & Associates Mr. William Walsh Ms. Esmee Ms. Patricia Jaramillo Steiner Sports Memorabilia Mr. Peter Wolf Mr. Hamilton Fish Ms. Anna S. Jeffrey Mr. William Abranowicz and Ms. Joelle Wyser-Pratte Mr. Harrison Ford Mr. and Mrs. Cal Johnson Ms. Andrea Raisfeld Mr. Steven Yanis Ms. Katie Ford Mr. and Mrs. David Katz Mr. and Mrs. John Abplanalp Mr. and Mrs. Paul Guenther Mr. George Kaufman Mr. and Mrs. Paul Adler GIFTS OF $1,000 Ms. Angela Ho Ms. Yukako Kawata Mr. and Mrs. Bob Ascher AND GREATER Ms. Donna Karan Ms. Jean Kenna Heins Mr. James Attwood and Ms. Leslie Williams Andrew Sabin Family Foundation Mr. and Mrs. John Klopp Mr. William Lau Mr. Ron Blaylock and Mrs. Judy Byrd Aronovitz Family Foundation Mr. Craig Klosk and Mrs. Tricia Kallett Klosk Mr. Jason Lauter Mr. Joseph Boren Beatman Foundation Ms. Sarah Kreitman Ms. Lyn Leone, Esq. Mr. and Mrs. Paul Camarda Brownington Foundation Mr. Alan Milton Mr. Robert Lessin and Ms. Clara Wong Mr. James Cavanaugh The Carl Marks Foundation, Inc. Ms. Laura Moore and Mr. Gregory Olsen Mr. and Mrs. Scott Lindsay Mr. and Mrs. Craig Cogut Dickler Family Foundation, Inc. Mr. William O’Reilly Ms. Linda Luca Mr. Jonathan Coon Dixon Talent, Inc. Mr. and Mrs. Joseph Perella Mr. and Mrs. Christopher Malloy Ms. Leslie Cornfeld Foundation For Fairer Capitalism Mr. and Mrs. Jane Preiser Mr. and Mrs. Timon Malloy Mr. & Mrs. Tom Cullen Helen Keeler Burke Charitable Foundation Mr. Rory Riggs Ms. Kristin Mannion Ms. Linda Daniels If Hummingbird Foundation, Inc. Ms. Michele Stuart Mr. and Mrs. Peter Matthiessen Mr. Justin Derfner Johnson Ohana Charitable Foundation Mr. Frederick Tanne Mr. and Mrs. John McCooey Mr. and Mrs. Douglas Durst Kahn Charitable Foundation Mr. Raymond J. McGuire KPMG 24 MEMBER HIGHLIGHT

Mr. and Mrs. Sanjeev Mehra Mrs. Ellen Chesler and Mr. Matt Mallow Mr. and Mrs. Anthony Melchior Ms. Judith Chiara ROAR members aboard the Riverkeeper patrol boat. Mr. and Mrs. Donald Meltzer Mr. Paul Childs and Ms. Berit Schumann Ms. Florence Milch Ms. Sarah Cogan and Mr. Douglas Evans Mrs. Nicole Miller and Mr. Kim Taipale Mr. John Comas A Statement From Religious Mr. Michael Mitchell Mr. John Travis Compton Mr. Allen Monks Ms. Anna Coxe Toogood Organizations Along the River Mr. and Mrs. Garrett Moran Mr. and Mrs. Robert Cunningham Mr. Andrew Morse Ms. Ann Dexter Jones Ms. Ingrid Nagy Katarina and Arnaud Duplessy During 2009, John Lipscomb, Riverkeeper Patrol Boat Operator, Mr. and Mrs. Alvaro Noboa Mr. and Mrs. Douglas Durst Mr. Nels Olson Ms. Leah Edmunds and Sr. Carol De Angelo, SC, a member of Religious Organizations Ms. Barbara Pearce Ms. Janet Fisher Along the River (ROAR), coordinated three boat trips to educate Mr. Alvin Perlmutter and Ms. Joan Konner Mr. and Mrs. William Georges Ms. Leslie Peyton Gordon Mr. Jerome Gewirtz members to issues that affect the life and quality of the Hudson Mr. Michael Reeber and Mrs. Nicole Giroux Mr. Patrick Grant River and the many communities that live within and along it. Mr. and Mrs. Ira Resnick Mr. Robert Greenfield and Ms. Lesa Levine During these river journeys and conversations with John, we saw Ms. Dee Dee Ricks Ms. Elizabeth Grimaldi Prof. and Mrs. Nicholas Robinson Mr. Jeffrey Gutzwiller clearly the need for the “long view” and developed a deeper aware - Mr. Hartley Rogers and Mrs. Amy Fall-Rogers Mr. Graham Hanson ness of what we expressed in our 1998 ROAR mission statement Mr. and Mrs. Jonathan Rose Mr. and Mrs. James Harris Mrs. Mary Calder Rower Ms. Michelle Hobart and Mr. Justin Peyser and which we strive to live out: “we share kinship with all creation” Mr. and Mrs. Eric Rudin Mr. Peter Hurwitz and Ms. Donna Pylman and “human beings and the natural world must go into the future as Ms. Eva Ruzin Ms. Anne Isaak Mr. and Mrs. Paul Shaffer Mr. Mark Janssens a single sacred community or both will perish.” These quotes from Mr. and Mrs. John Shemilt Ms. Kristina Johnson ROAR’s mission statement are from the writings of Thomas Berry Mr. Scott Sherman Mr. George Kellner Mr. Michael Shimkin and Ms. Barbara Fiorito Mr. and Mrs. Michael Kempner whose life and work have greatly influenced the members of ROAR. Mr. and Mrs. Allan Shope Senator and Mrs. John Kerry ROAR has been involved in many Hudson River issues over the Mr. Jay Snyder and Ms. Tracy Maxwell Mr. Fred Koelsch Ms. Martha Stewart Ms. Brooke Laughlin years. Yet, for those on these Riverkeeper trips, time spent on the Mr. Andrew Stone Mr. and Mrs. Nicholas Ludington Hudson River offered new perspectives and insights. We realized we Mr. David Stone Mr. Dean Maffei Ms. Carolyn Summers Mr. and Mrs. John Scott Matthews knew little about the shad, the eel, the Altantic sturgeon, and the Mr. Jack R. Swain, III Mr. Alex Matthiessen complexity, diversity and wonder of life in the waters of the Mr. Jeffrey Tannenbaum and Ms. Nisa Geller Ms. Patricia McGovern Ms. Laurie Tisch Ms. Carolyn McGuire Hudson. We felt drawn to educate ourselves and advocate on behalf Ms. Grace Lyu Volckhausen Mr. and Mrs. Jason McManus of life forms living in the Hudson River who are voiceless and have Mr. Tim Wallach Ms. Judy Miller Mr. and Mrs. Steven Weinstein Mr. and Mrs. Toby Myerson need for someone to speak for them, especially the young of species F. White Mr. Jeffrey Nachowitz who are in peril. ROAR’s mission statement calls us to support one Mr. Thomas Woltz Mr. John Nawrocki Mr. Robert Zimmerman Mr. William Plotch another in using our lands (and we include water in this) with an Mr. Michael Poser attitude of respect for the beauty and integrity of Earth. So, ROAR, GIFTS OF $500 AND Ms. Maria Ragucci GREATER Mr. and Mrs. Robert Riley through its Hudson River Issues Subcommittee, is educating itself on Blue Sky Studios, Inc. Mr. and Mrs. Charles Rosenthal shad/herring issues and advocating on behalf of them. Capital Trust, Inc. Mr. Martin Rottmann First Unitarian Congregational Society in Mr. Alex Schmelzer ROAR is a network of religious congregations and organiza - Brooklyn Ms. Frances Schultz tions, many of whom have property in the Hudson Valley of New Garrison Station Plaza, Inc. Mr. and Goldman Sachs & Co. Matching Gifts Program Ms. York State. Representatives from member congregations/organizations Jewish Communal Fund Mr. and Mrs. Robert Soros meet four times a year and communicate regularly through emails, MTB Group of Funds Mr. Kevin Spath PREZ Land Charitable Trust Mr. and Mrs. Marc Stern phone and subcommittee work. We collaborate with many groups Robert & Jane Harrison Family Foundation Ms. Janet Stoner (one of which is Riverkeeper) who share common concerns and The Esther and Morton Wohlgemuth Mr. Salvatore Strazzullo Foundation, Inc. Mr. Luke Sullivan values. We have been especially inspired and challenged by John Vallot Consulting Mr. and Mrs. Mark Taylor Lipscomb’s dedication and commitment to the Hudson River and Mr. Jon Alagem Mr. and Mrs. Joseph Tonetti

Ms. Jacqueline Urra M its communities of life. He has helped put a face (the shad) on that

Ms. Kathryn Alexander O C .

Mr. and Mrs. Robert Bateman Ms. Laveen Venugopalan D

R part of our mission statement that reads, “human beings and the O

Mr. and Mrs. Robert Belau Mr. Francois Vuilleumier F H S natural world must go into the future as a single sacred community Mr. Tony Bennett and Mr. Danny Bennett Mr. Roger Weisberg and A S E L Dr. Joyce Brown and Mr. Carl McCall Mrs. Karen Freedman I

G or both will perish.”

Ms. Nadine Witkin Y

Mr. and Mrs. Cass Canfield B

O Written by Carol De Angelo, SC, on behalf of ROAR, February 19, 2010.

Ms. Aimee Carroll T O

Mr. Don Casturo H P 25 Corner r e e t

n VOLUNTEER HIGHLIGHT: Our u l

o New V Riverkeeper Ambassador and Look } Champion Programs Set Sail By Heartie Look Meet Riverkeeper Logo Contest ver the past year, Riverkeeper’s volunteers have truly exem - Oplified what it means to be a guardian of the Hudson and Winner Sabine Reichert its surrounding watershed areas. With the help of volunteers, BY TINA POSTERLI we were able to tour our Hudson River Journey exhibit throughout the spring and summer, educating the public about At the end of 2009, Riverkeeper launched its the local water resources we protect. first-ever logo design contest in order to cast a Our time spent in wider net for a fresh, new perspective to sym - areas as far north as bolically represent the essence of who we are as Albany and as far an organization. south as the Big We received nearly 500 entries, which were Apple spurred us to boiled down to a final few in a very close com - think of ways we petition. The winning design was by Sabine Reichert, a Hastings- can make our ties on-Hudson resident, whose image instantly captured the key

within these com - N elements of what we stand for in one succinct symbol. A M D

munities stronger O Sabine received her Masters in Illustration and Communication O G

and build a greater G Design from the HAW College in Hamburg, Germany. She has U O

network of support. D worked as a Graphic Designer for 15 years in New York freelanc - © To achieve these Riverkeeper volunteers at Reflected Light ing for clients in the health and beauty packaging and software art auction. goals, we started and engineering sectors. Some of her more prominent clients have the successful Community Ambassador and Champion pro - included Unilever, Colgate and Del Laboratories. grams this past fall. Ambassadors are the community organiz - Following is a Q&A with Sabine about her experience: ers and representatives of Riverkeeper, while Champions help to raise the necessary financial support for Riverkeeper’s advo - What made you decide to enter the Riverkeeper new logo contest? cate activities on the water, in the courts, and at our headquar - “I’ve been on the Riverkeeper mailing list, and in one of the ters. Our current Ambassadors and Champions are made up of eNewsletters, I followed a link to the contest. I’ve never been big a team of 15 leaders from all walks of life. Two of our on contests and haven’t entered one since much earlier on in my Ambassadors are authors who take Riverkeeper with them on career, but this one caught my interest. I felt that if I won, I could the road, speaking about our mission at their book signing really make a contribution to an organization I believe in.” events, and giving out Riverkeeper bookmarks with each book they sell. Another Ambassador will become a Champion this How did you come up with the concept of your design? “ I like April when she opens a collaborative eco-retail shop in clean, simple ideas. The Riverkeeper logo was a challenge, as it Manhattan, donating proceeds to Riverkeeper. And yet another needed to represent a spectrum of elements in one symbol. I knew Ambassador will be connecting us to the fishing and yacht it was important to correctly identify these elements and define clubs along the Hudson, imparting crucial knowledge about the where the emphasis should be. For my final version of the logo, health and history of the river to its members. I started dividing a water drop that symbolized water in general, In addition to our Ambassador and Champion programs, with a zigzag line for the river. I then built in the importance of the our other activities continued to provide invaluable support, fish. By colorizing and shaping the left side, I symbolized the impact including our Ring up the River program, in which “River of our water on the people living communities on the land.” Ringers” made friendly calls to our members to ensure we had their correct contact information and thanked them for their What did winning the contest mean to you? “I enjoyed the ongoing support. Riverkeeper volunteers are shining examples challenge of the contest and the opportunity to design a logo for of how people can roll up their sleeves and work together for an organization that is so relevant to me. Because of my German clean water. origin, I have a tendency to be an environmentalist. I am aware of how important the work of Riverkeeper is and am honored to have my design chosen to represent this organization.” Visit www.riverkeeper.org and sign-up for our E-Newsletter and E-Alerts to stay current on news and events. 26 BALANCE SHEET * As of June 30, 2009

ASSETS Cash and cash equivalents $ 1,279,753 2% Prepaid expenses Pledges receivable $ 472,349 and deposits Property and Equipment (net) $ 106,939 6% Property & Equipment Prepaid expenses and deposits $ 33,650 67% Cash and cash 25% equivalents Total Assets $ 1,892,691 Pledges receivable

LIABILITIES 14% Accounts payable Accounts payable $ 268,388 Total liabilities $ 268,388 20% Temporarily NET ASSETS 66% Unrestricted Unrestricted $ 1,252,265 restricted Temporarily restricted $ 372,038 Total Net Assets $ 1,624,303 Total Liabilities and Net Assets $ 1,892,691

STATEMENT OF FINANCIAL POSITION * Year ended June 30, 2009

1% Other Revenue SUPPORT AND REVENUE 12% Donated legal services Contributions $ 1,409,961 Special events $ 1,289,419 Donated legal services $ 370,571 45% Other revenue $ 40,654 Contributions 42% Special events Total support and revenue $ 3,110,605

EXPENSES Program services $ 2,964,940 18% Fundraising Management $ 199,331 Fundraising $ 698,960 5% Management Total Expenses $ 3,863,231 77% Program services Surplus/Increase in Net Assets $ (752,626)

*B ASED ON THE AUDITED FINANCIAL STATEMENTS FOR YEAR ENDING JUNE 30, 2009 REPORTS PREPARED BY KATARINA DUPLESSY , VP/COO

27 Nonprofit Org. US Postage 828 South Broadway PAID Tarrytown, NY 10591 White Plains, NY Permit No. 7033

Address Website 828 South Broadway www.riverkeeper.org Getting in touch Tarrytown, NY 10591 E Mail with Riverkeeper Phone [email protected] } 914.478.4501 / 1-800-21river