The Lower Esopus Watershed Partnership in cooperation with Riverkeeper prepared comments on the Interim Ashokan Release Protocol. The comments from municipalities and other stakeholders along the lower Esopus were compiled into a letter and submitted to the DEC. The letter calls for a deadline by which time the interim protocol would be replaced by a SPDES permit. Limits on turbidity are also recommended. The letter is available here for download as a PDF.
LowerEsopusStakeholderCommentsInterimAshokanReleaseProtocol 12-15-11.pdf (108.9 KiB, 1,433 hits)
Comments to DEC by lower Esopus stakeholders on the Interim Ashokan Release Protocol
Ulster County and Riverkeeper submitted a formal petition to the New York State Department of Environmental Conservation concerning the releases from New York City’s Ashokan Reservoir. The petition calls upon DEC to meet its regulatory obligations and uphold water quality standards in the lower Esopus Creek. The DEC is criticized for relying on the Interim Protocol to authorize releases instead of using the SPDES permit program. In October, DEC issued an Interim Ashokan Release Protocol to govern discharges from the Ashokan Release Channel. Unlike a SPDES permit, the interim protocol did not contain any formal provisions for environmental review or public comment. The petition from UC and Riverkeeper reminds DEC of requirements spelled out in state Reservoir Release Regulations.
NYS Department of Environmental Conservation filed a Notice of Hearing and Complaint against the New York City Department of Environmental Protection citing unauthorized use of the Ashokan Waste Channel and failure to comply with its Catalum SPDES Permit. The DEC seeks $2.6 million in civil penalties from the DEP and an independent study of the impacts from turbid releases to the Lower Esopus. The DEC is also requiring an operating plan and parameters for use of the Waste Channel for the “beneficial interest” such as flood control for downstream communities. The entire complaint is available for download as PDF:
Ashokan Complaint (3.8 MiB, 1,425 hits)
Notice of Hearing and Complaint issued by DEC against the NYC DEP