Friday, February 12, 2010

Sewer Suit Update

Woodbury role may be moot if sewer, water suits settled


Woodbury officials have refused to settle a lawsuit with Kiryas Joel over additional sewer service because they say it would involve them in a legal deal over Kiryas Joel's proposed water pipeline.

But their refusal may have little impact on efforts to resolve entwined litigation over the $30 million water project and the Orange County sewage treatment plant in Harriman.

Attorneys for Orange County and Kiryas Joel have been negotiating to end two court cases. In one suit, the county had blocked the pipeline proposal by challenging the village's environmental study; in the other, Kiryas Joel had stopped the county from selling expanded service at the Harriman plant to Woodbury and other communities.

Woodbury officials were enlisted in settlement talks for the second case because they joined the county in a court appeal. But they have rejected the proposal — even after lawyers revised it three times — because each draft tied the sewer agreement to one involving the pipeline.

"We decided we're not going to be roped into it," Mayor Michael Queenan said. "We're not going to sign it."

But last week, a divided Orange County Legislature approved two documents that could resolve both the sewer lawsuit — regardless of Woodbury's opposition — and the main objection to Kiryas Joel's planned connection to the Catskill Aqueduct.

The papers amended a 2001 environmental review that preceded a $26 million expansion of the Harriman plant. The new wording — accompanied by an analysis of current plant use and expected population growth — declares that the project added enough sewer service to share with Woodbury and other contractual users of the plant.

The documents also state that the county will expand the plant again once it reaches 85 percent of its capacity. That stance answers the county's own concerns in its pipeline lawsuit about how it would treat additional sewage resulting from Kiryas Joel's enlarged water supply.

County Attorney David Darwin said Wednesday that those environmental statements will be filed in court to resolve the sewer dispute. That, in turn, could clear the way for a pipeline agreement.

"Resolution of the sewer capacity issue would resolve that issue in both of the lawsuits," he said, adding that the county and Kiryas Joel are working to resolve a secondary pipeline issue involving wetlands.

8 comments:

Kieran Conroy said...
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Kieran Conroy said...
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Kieran Conroy said...

Going to definitely be holding my breath to see if this plan by the County remotely settles the original problems in KJ's environmental review. Why should they be offered a special deal, if the document they submitted remains deficient?

I'm also curious where the funds for this sewer plant expansion will come from. Taxpayers should not be expected to foot the bill for KJ's open-ended, disproportionate growth and expansion into its neighbors, particularly when it is having so many other impacts on the communities around it and lack of regard for our laws or citizens.

Kudos to the Record for staying on top of this though, and our mayor for being cautious of getting roped into questionable deals that may hurt Woodbury.

Comment deleted said...

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This Site Stinks now!! said...

Maybe we should remove the author.

Boring site! said...

how about some new topics!!

Anonymous said...

Distrubing to read that people do not understand how important this issue is. Water and sewer capacities are foundations for annexation. Wake up Woodbury or you will be complaining and pointing at everyone else except ourselves for missing the significance of this.

Kieran Conroy said...

Looks like Woodbury's government is doing its job this time -- but if the County wants to make deals to undercut us, we're screwed.

Sounds like its up to the people, as usual to get out petitions and noise the shame those Legislatures afraid to equally enforce the laws and sewer guidelines of our County for everyone.