To: From:

New Windsor Town Board Bonnie Brennan Town Board Liaison for Water and Sewage

Re: Date:

October Report October 2, 2013

__________________________________________________________ I am making the following report based upon findings that I have made in the capacity of Town Board Liaison for Water and Sewage. Last month, I reported on the water rate increase, provided an explanation as to why it took place, and offered recommendations as to how we could curb our excess water usage and structure water rates in a more equitable manner. Today, I would like to report on the current situation as to our sewage treatment plant. After providing my findings, I will again offer recommendations to the Town Supervisor, Board and the attendees at tonights meeting. I have made copies available to the Town Board and New Windsor residents present at this meeting. The following is a brief synopsis of my findings: 1. The Consent Order between the New York State Department of Environmental Conservation (DEC) and the Town of New Windsor, adopted by a motion of the Town Board in June 2013, formally acknowledges that New Windsor has failed to meet its obligations under state law by repeatedly violating effluent emissions

standards. As a result, New Windsor was required to pay a $35,000.00 penalty.

2. The Consent Order constitutes an admission by New Windsor that it has violated the law in connection with the release of effluents into the Moodna Creek. Specifically, it violated the Environmental Conservation Law and the Clean Water Act. Apparently, it is not merely the sewage treatment plant on Caesars Lane that has violated legal standards for effluents. The Consent Order indicates that there have been problems with the Beaver Dam Lake Sanitary sewer collection system on the west side of New Windsor as well. 3. According to the June 2013 Consent Order, New Windsor has stated on the record that its wastewater treatment plant and sewer collection system is aging and was not designed to meet current and future effluent standards. The Consent Order requires New Windsor to take eight separate steps to bring our sewage collection and treatment system into conformity with the law. There is no indication in the Order as to the cost of making these repairs and upgrades. 4. It is of note that New Windsor previously entered into a Consent Order in 2008 with the DEC at which time it had to pay penalties of $8,000. It was required to make similar repairs at that time, but failed to comply with the provisions of the 2008 order. In short, this is hardly a new problem and New Windsor has long been on notice that something must be done. 5. Even if the Town of New Windsor complies with the 2013 Consent Order, it will be no more than a Band Aid. There is a far greater problem looming in the future. On August 23, 2013, I personally toured the sewage treatment plant on Caesars Lane, which, notably, was built in 1974. Its 1974 technology is completely out of step with current wastewater treatment

standards. Further, the plant is designed to treat 5 million gallons of wastewater a day. It is currently treating 4.6 million gallons a day. 6. Mr. John Egitto, who manages both the water and sewage treatment plants informs me that the residential developments already approved by the Planning Board will require additional wastewater treatment that will, in the very near future, far exceed the capacity of the sewage treatment plant.

The overextension of our sewage system and the failure to make appropriate capital investments to upgrade that system over the last decade prompted the following recommendations: 1. In the near term, New Windsor plainly must comply with the Consent Order or it will face additional civil penalties. This is a poor expenditure of the limited resources of this Town. 2. New Windsor needs to take immediate action to place a moratorium on further building in New Windsor unless new developments are able to provide their own wastewater treatment. I recognize that new developments increase New Windsors tax base, but there would have to be very substantial residential and other development to cover the cost, not only of expanding our sewage treatment capacity, but also our water treatment capacity which was addressed in my last report. 3. More broadly, the New Windsor Town Board must put in place more stringent zoning laws that ensure that its limited resources are not over extended. Further, it must ensure that those laws are fully complied with. To ensure compliance, members of the Planning Board need to take appropriate coursework and become certified in accordance with state law.

4. Regardless, the Town of New Windsor Planning Board has already approved residential developments that will require more wastewater treatment capacity then our sewage treatment plant currently possesses. In view of the upcoming 2014 Town budget preparation, steps need to be taken to start planning how New Windsor will expand the capacity of the sewage treatment plant. Among other things, New Windsor needs to look into possible State and Federal funding sources to aid us in this endeavor. In summary, we are already in violation of the law. We are soon to be faced with a sewage treatment plant that cannot meet the needs of new residential developments quite apart from the wastewater treatment needs of long established residents of this town. In short, we can no longer kick this can down the road.