BARRYVILLE – The Delaware Riverkeeper Network has joined with downstream residents to challenge a permit issued by the New York State Department of Environmental Conservation allowing the discharge of 17,000 gallons per day of wastewater into Halfway Brook without holding a public hearing.
The wastewater discharge is to serve a redevelopment project including a 4,000-square-foot restaurant and bar, 28 lodging units in nine buildings, and a 2,400-sq. ft. event space. The proposal would allow the discharge to be at the very headwaters of the Halfway Brook, a stream that challengers say is entitled to a higher level of protection than was provided by the state DEC permit.
“Halfway Brook is a beautiful, healthy stream that supports both resident and stocked trout populations, is used by residents for swimming, and provides important and beautiful habitats enjoyed by residents and visitors alike,” said Delaware Riverkeeper Maya van Rossum, leader of the Delaware Riverkeeper Network.
“The Delaware Riverkeeper Network is tremendously concerned about the impacts of this wastewater discharge on both the health of the stream and supported natural resources, as well as the way people view and use the stream and its surrounding habitats,” van Rossum said. “Despite the outpouring of comments and concerns, including expert reviews, the NYDEC did not even do the community the courtesy of holding public hearings as required by law. This is the wrong treatment option in the wrong location and it was wrong of NYDEC to not give the public the hearing we are entitled to. We believe there are absolutely other alternatives that would support the proposed development and best protect the stream; NYDEC just didn’t require them.”
The Article 78 Petition filed with the Sullivan County State Supreme Court in Monticello seeks a judgment that “DEC abused its discretion, and acted arbitrarily and capriciously, and in violation of lawful procedure, by issuing the SPDES Permit without first holding a public hearing.” It is also seeking to have the court nullify the approved permit, and require that the DEC hold an adjudicatory hearing to further consider the appropriateness of issuing a permit and the terms for wastewater treatment that should be included.
