The city’s main water supply, Washington Lake, remains offline. For now, Newburgh is getting
its water via the New York Aqueduct.
NEWBURGH – As the controversy over Newburgh’s water being tainted by chemicals believed to emanate from the New York Air National Guard Base at Stewart Airport, City Manager Michael Ciaravino Wednesday sent notices of intent to file a civil action against several entities believed to have had some role in the contamination.
The city’s reservoir, Washington Lake, was found laced with PFOS, a carcinogenic chemical believed to have originated from aircraft firefighting foam in the National Guard’s Crash, Fire and Rescue operation. Washington Lake receives water from sources including Silver Stream and its tributaries, Patton Brook, and groundwater recharge.
Ciaravino said the filings are the first step in the legal process.
“Whether it’s for injunctive relief, whether it’s for damages, whether it’s for reimbursement for city residents that have purchased water, these theories are currently being developed and formulated and will be part and parcel of more comprehensive litigation that will be filed,” he said.
Mayor Judy Kennedy was glad to see the legal papers filed.
“It’s time to sue the pants off the company and the federal government because they are both responsible for this mess,” Kennedy said.
Those entities and agencies that Ciaravino put on notice that the city intends to file a citizen suit, include the State Department of Transportation, Stewart’s landlord; the Port Authority of New York and New Jersey, the current operator of the airport; Governor Andrew Cuomo; President Donald Trump; the US Air Force, Department of Defense and US Air National Guard Bureau of the Department of Defense; National Express Group of Burlingham, Great Britain, a former owner of the airport; and Federal Express Corporation, a tenant at the airport.
Ciaravino’s letter stated:
“Please take notice, as further described below, that on or after 90 days from this notice, in accordance with Resource Conservation and Recovery Act… and on or after 60 days from the date of this notice, pursuant to Clean Water Act… the city intends to file a citizen suit… for past and continuing practices at the Stewart Air National Guard Base, including discharge(s), release(s), spill(s), and/or disposal(s), of solid or hazardous waste materials, including PFC’s, including but not limited to PFOS, other solid or hazardous waste materials, and/or other hazardous waste materials, and/or other hazardous substances, resulting in surface and ground water and soil and sediment contamination, either with a permit, without a permit, or in violation of a permit, which have led to contamination at the base, property, Washington Lake, the city watershed, and which present or may present an imminent and substantial endangerment to health and/or the environment.”
