NYC's TIMELINES & EMPTY PROMISES

So Mike Hein, our County Exec plans to contact AG Schneiderman's office asking them to investigate the turbid water release into the Esopus. I think this is a wise move on his part as we head toward another 30+ days of pollution in our precious waterways. 


Hein had a press conference last week to announce the first step his administration is taking to file a suit against the NYC DEP for the release. Flanked with bi-partisan support of the Legislature, his office put the issue out there and demonstrated just how serious we are about the long term damage to our waterways. Damage to our ecology, agriculture, tourism and community drinking source.

William Kemble has a great article in the Freeman with much of the details, however I'd like to than Exec Hein for taking such a firm stand on this issue. Ulster County is but a part of the overal NYC watershed, but we have rights as well. 


At a recent gathering, Michael spoke about the frustrating absence of action from DEC officials despite acknowledgement of the Esopus Creek damage. Almost 600 Million Gallons are being artificially sent down the creek from the Ashokan. This has been going on for over 100 days with no end in sight.

Hein also spoke of the impact that the contaminated water would have on our irrigated crops heading into the next growing season. This is pristine farmland with award winning produce. What farming that survives such a disaster will be faced with different sales avenues, such as providing feed for animals instead of at market. Not good.
 
Hein was quoted in the paper: “I want them to pay for an independent evaluation of the damage they’ve already caused by polluting our water for the past 100 days in a row and to delivery a legally binding commitment to never do it again. They are taking the easy way out." 

Hein continued: “New York City DEP had a history of dealing with turbidity by using alum and New York state DEC has precluded them from using alum. Instead of examining other options they took the easy way out to dump concentrated, polluted water down the waste channel into the lower Esopus.” 


On another point, using the AG's office for this isn't un-heard-of. The Legislature has toyed with the idea of contacting the office to help with the RRA issue. Depending on where our County Comptroller's Report on the agency goes, will determine if we seek help from Mr Schneiderman. 

In closing, I ask will the threat of lawsuit from Ulster County help or hinder our case against NYC? We have no way of knowing. We do know we will spend money making the case, but that's what the fund balance is for.

TIME TO FIX THE TUNNEL

As most of you know by now, there was a special meeting in Ellenville last Friday night. The meeting focused on the now famous, leaking water tunnel that brings half of the 900 million gallons of pristine drinking water to NYC residents daily. Originating from the Rondout Reservoir and it's Delaware watershed, travelling as deep as 700 feet until it reaches the West Branch and Kensico Reservoirs.

It was a bit odd to have a public meeting with regional residents and officials on a Friday night, but it was the scheduled re-appearance of or good friends from the NYC DEP. 

Commissioner Cas Holloway (pictured above) and his staff presented the Billion dollar plan to divert the tunnel for the four mile stretch where the severe leaking occurs.

After a $350 million study and repair plan, they returned to Ellenville to reveal what the locals already knew, the tunnel is indeed leaking and due in part to the miscalculation of the original engineers. Although they planned for the additional reinforcements in the limestone areas of the tunnel, they fell several hundred feet short of the possible trouble zones. Limestone interacts with the tunnel structure in a more corrosive manor than the rest of the encountered rock base.

It took decades for New York City to acknowledge what the locals have suffered for so long. The fact that the tunnel is leaking millions of gallons under the towns of Newburgh and Wawarsing is nothing new. In Wawarsing alone, the tunnel is 700' below the surface. 

The tremendous pressure in the tunnel forces the escaping water upward toward the surface. That soil deposit above the bedrock shown on the slide behind Commissioner Holloway is totally saturated with water. It has reached the sewers, wells and basements of the properties in the affected area. Rendering the property owners with worthless investments and diminished livelihoods. 

Believe it or not, there is a continuing federal study trying to confirm that the leaking tunnel, losing 40million gallons every day, is actually the source of the flooding in the areas affected. I just shook my head in disbelief when I heard that. If the officials in NYC had any sense, they would have bought out the 40+ homeowners in the Wawarsing area a long time ago and concentrated on the repair strategy instead. 

The tunnel diversion will extend 4 miles and allow crews to repair the cracked tunnel structure and inspect for other damage while the tunnel is dewatered. My concern, knowing that the tunnel hasn't been dewatered since '57, and has operated under high pressure since then, might the integrity of the tunnel be compromised with the excessive water reserve resting above the tunnel in the stressed areas of damage?

The Ulster County Legislature voted unanimously to urge New York State to compensate the property owners to do just that this past summer. A number of us Legislators and residents went to Albany with that resolution to lobby or representatives. The State Senate had already passed the resolution and had sent it to the Assembly. We did our best to convince our Assemblymen to bring it to the floor, but it went nowhere. Since this posting, Assemblyman Cahill made the effort to explain the daunting opposition in both the Housing Committee and the full body, would have pretty much killed the bill on arrival.

Langdon Chapman, (left) speaking on behalf of Senator Bonacic, informed the gathering that the Senator would indeed offer the legislation for a revote this year. Lets see what happens in the Assembly in 2011.

As you may have read in the Record, Freeman and NYTimes, construction isn't expected to start until June of 2013 and end by February 2019. The water pressure and leaking cracks wont be addressed until the dewatering around 2017. Thats going to further complicate the surface and above tunnel integrity until that time. There are no plans to artificially drain the saturated soil above the tunnel so the damage is unrepairable. The properties will never be made whole. the sink-holes will continue to plague the region and in the case of the repair crews underground, will threaten the lives of those who chose to work in the tunnel.

Commissioner Holloway said the project will create 1,000 to 1,500 jobs. Insisting that there will be a hiring office in this area. When pressed on this point, he said Town of Newburgh, followed by a request for a hiring post in the Ellenville area as well.

It's estimated that the leaks may have started as early as the 60's considering how long it would take to saturate so much soil above the tunnel. Andrea Smith dealt with her contaminated well and flooded basement a while before contacting the DEP and NYC authorities on the matter in '92. She asked the panel: "How is this going to affect us 20 years from now? I have been patient with the process so far, but I'm not getting any younger."

Adam Bosch had reported in the Record, that about 10 homeowners have an ongoing lawsuit against New York City, and Holloway said settlement negotiations have begun with a handful of them. I personally find it absurd that they would hesitate to make good on the claims that have come to them after so much evidence in the affirmative. It's equivalent to finding someone "not guilty" after years of imprisonment. How do you compensate for time lost fighting for a secure floodfree life?

The UC Operations Committee is poised to ask the NYC DEP to step up and pay for legal counsel to help property owners file claims properly as this issue resolves. The Commissioner encouraged residents to file claims for damage with the city's comptroller. If the Legislature approves, a contingent will again make the journey to the officials in charge to lobby that they do so.

This isn't over yet.