NYPIRG HOME ENVIRONMENT CONSUMER FUEL BUYERS GROUP


CANDIDATE
RESPONSES

Fernando Ferrer

Mark Green

Alan Hevesi

Norman Siegel

Peter Vallone



THE COALITION

NYPIRG

Riverkeeper

Trust for Public Land

Open Space Institute

Catskill Center for
Conservation
and Development

On April 15, 2002, the U.S. EPA will evaluate New York City’s progress in its Filtration Avoidance Determination (FAD)for the Catskill/Delaware water supply. As we approach that date, the Clean Drinking Water Coalition, would like to know where you stand on protecting New York City’s drinking water.

I. ISSUE: KENSICO RESERVOIR PROTECTION
The Kensico Reservoir is arguably the most important reservoir in the New York City watershed. It acts as the repository for nearly 90% of the water supply to lower Westchester and New York City: it is the last stop for approximately 1.3 billion gallons of water before heading to the Hillview Reservoir in Yonkers for distribution. Under the federal Safe Drinking Water Act, the Kensico Reservoir is considered the "source water" of the Catskill and Delaware systems and is subject to strict water quality standards. Unfortunately, the Kensico watershed is threatened by encroaching development and requires our constant vigilance to ensure its protection.

Westchester County Airport, located only 750 feet from the Kensico Reservoir, poses numerous threats to water quality if it is allowed to expand. Aircraft emission, noise, de-icing fluid runoff are just some of the harmful effects of airports that have been documented. The full health and environmental impacts from airport are still unknown.

The State Department of Transportation’s (DOT) proposed expansion of roadways that run alongside our reservoirs poses serious threats to water quality. Stormwater entering the water supply is facilitated by impervious surfaces, such as roads, and carries pollutants such as road salt, heavy metals, gasoline, nutrients and antifreeze. In addition, roadway expansion would also undoubtedly encourage other development immediately adjacent to the reservoirs. Examples of expansion are the widening of Route120/22, the Kensico Highway, which runs along the Kensico Reservoir, and of Route 22 in the Town of Southeast, Putnam County, which borders the Bog Brook and East Branch Reservoirs.

QUESTION: What is your plan to safeguard the critical Kensico Reservoir?


II. ISSUE: LAND ACQUISITION PROGRAM
The implementation of sound land use policies must be a major component of any serious efforts to protect New York’s water supply. Permanently securing buffer zones around water supply areas has proven to be lasting and fiscally prudent measure in preventing water quality degradation in many regions across the nation. The Land Acquisition Program’s main purpose is to enable the City to assemble sufficient "buffer" lands around the reservoirs, their tributaries and other important land features in order to protect water quality. Eligible lands within the watershed are categorized according to their level of importance: Priority Area 1A, Priority Area 1B, Priority Area 2, Priority Area 3 and Priority Area 4.
As long as land remains on the market, it is a prime target for development. The best way to prevent development is to purchase the land; however, many environmentalists believe the present program is inadequately funded, not pursued aggressively enough and does not include new land areas that are sensitive. Of particular concern is the acquisition rate in the Kensico basin that is considered a Priority Area 1A. To date, the total amount of land acquired by the City has been only 17 acres out of a possible 950 acres.

QUESTION: How would you address the inadequacies of the land acquisition program? In particular, what would you do to immediately improve the program in the Kensico basin? In addition, how do you feel about the use of conservation easements versus fee acquisition?


III. CROTON FILTRATION PLANT
Recently the New York State Court of Appeals decided that the proposed site of the EPA-mandated chemical filtration plant for the Croton Watershed in Mosholu Golf Course in the Bronx’s Van Cortlandt Park would require "alienation" by the New York State Assembly.

QUESTION: What are your plans to address this?


IV. ISSUE: INFRASTRUCTURE CONCERNS
The City’s water is delivered to us from our reservoirs via a system of aqueducts, tunnels and pipes. One of the main aqueducts, the Delaware Aqueduct, is leaking. The leaks are growing and may threaten the aqueduct with catastrophic water loss or collapse. The tunnel leaks with sufficient force to push water through over 650 feet of rock, such that, even if structural failure does not occur in the near future, the erosion of the tunnel lining and subsurface geology may already be so severe that the opportunity to fix the leak had passed. That section of the aqueduct may now be held together only by the internal pressure of the water. If this is true, any attempt to drain the aqueduct for repairs would cause the tunnel to collapse. This problem, combined with poor maintenance of critical elements of the water supply infrastructure and irresponsible handling of toxic materials by DEP employees, threaten the City’s long term ability to provide sufficient, safe drinking water.

QUESTION: What are your plans to address this problem?


V. ISSUE: WETLANDS PROTECTION
A key consequence of over-saturation of developments and sprawl is the destruction of local wetlands. Wetlands naturally purify water by filtering out sediments, detoxifying harmful chemicals and processing nutrients that can cause algae blooms in reservoirs. Even the smallest marsh or bog has a beneficial impact on the water supply. Safeguarding wetlands is a key element of watershed protection and to the U.S. Environmental Protection Agency’s Filtration Avoidance Determination. As evidenced by the numerous roadway expansion projects within the watershed, protection needs to extend to smaller wetlands. The City DEP’s failure to adequately implement and administer a Wetlands Protection Program leaves many small, isolated wetlands at the mercy of developers. Recent changes in federal law make it more important for the City to protect these critical resources. DEP needs to act independently to assure watershed wide protection of wetlands.


QUESTION: What steps will you take to protect wetlands in the watershed?


VI. ISSUE: DEP ENFORCEMENT AND MONITORING
The police division, known as the Watershed Police, of the NYC DEP has two functions: The Environmental Enforcement Division (E.E.D.) is charged with patrolling the watershed to prevent and remedy threats to water quality such as failing septic systems, oil spills and illegal dumping. The Security Patrol is charged with safeguarding the water supply infrastructure. Many observers believe the City has failed to adequately staff and manage both of these important divisions.

QUESTION: How will you ensure that both divisions of the Watershed Police function effectively?


VII. WEST OF HUDSON WATERSHED ISSUES (WOH)
Development: The largest development proposed within the watershed so far has been the Belleayre Resort at the Catskill Park. The plan, which is located on the slopes of the Belleayre Mountain, calls for development of 500 acres out of a 1950-acre tract. The project site contains significant tributary streams to the Pepacton and Ashokan Reservoirs and calls for construction of a hotel and a conference center, numerous residential units and two 18-hole golf courses.

Esopus Creek Turbidity: DEP’s own activities pose a further threat to WOH reservoirs. Shortsighted operation of the Schoharie reservoir outtake sends extremely muddy water through the Schoharie Tunnel, which discharges into Esopus Creek. This creek then conveys Schoharie’s waters to the Ashokan Reservoir. Esopus Creek once boasted a world famous trout fishery; now the locals refer to it as "Yoo-hoo Creek" because of the impact of the City’s muddy water.

QUESTION: What is your position on the Belleayre proposal? How will you protect the Catskill reservoirs and Esopus Creek?


VIII . EAST OF HUDSON WATERSHED ISSUES (EOH)
Development: While the EOH and WOH watersheds are separate and very distinctive, water from both systems, including the Cross River and Croton Falls, are commingled in the Kensico Reservoir. Although 90% of the water flowing into the City is from West of Hudson, there is still 10% coming from the development-heavy East of Hudson region. The Watershed Agreement has been more effective WOH. Currently development pressures are far more severe EOH, and as such the region requires a much more aggressive approach to ensure the safety of the EOH water supply.

QUESTION: What measures will you take to address the development-heavy East of Hudson region?


IX. TOTAL MAXIMUM DAILY LOADS (TMDL’S)

TMDL’s are individual limits to control contaminant loadings to impaired waterbodies for control of nutrients from both point and non-point sources. In 1972, Congress set forth a step-by-step statutory scheme for establishing pollution limits and spelled out three requirements: (1) Pollution limits were to be expressed as "total maximum daily loads;" (2) Pollution limits were required to be established at a level necessary to implement the applicable water quality standards and (3) Pollution limits were to incorporate a "margin of safety" that "takes into account" uncertainties in the calculation of the pollution limits.

QUESTION: Given the importance of the TMDL program will you commit all resources to ensure the program’s full implementation? What measures will you take to ensure enforcement?


X. GENERAL WATERSHED ISSUES

1) It is important that the Watershed Agreement be honored by all relevant state agencies, including the New York State Department of Transportation. I will work to ensure that these agencies are more accountable for the impacts of their activities in the Watershed.

AGREE DISAGREE


2) The $13.6 million allocated in the MOA to repair and replace failing septic systems has proven to be inadequate to address the problem and safeguard water quality. To address this oversight more funding and better implementation must be added to the septic system replacement program.

AGREE DISAGREE

3) City should play a more aggressive role in SEQRA review for projects of a certain magnitude with consequences within the watershed. The City should seek to better integrate its project and stormwater pollution prevention review with local the planning and SEQRA process.

AGREE DISAGREE

4) The MOA called for the City to undertake a comprehensive review of existing and potential recreational uses on City-owned property in the watershed. While some progress has been made, more needs to be done to improve recreational access to City-owned lands. Presently the DEP is imposing a repetitive and burdensome permit requirement for those seeking to enjoy the recreation potential of watershed lands. DEP should work more closely with NYS DEC and with local communities to streamline access to these areas.

AGREE DISAGREE

XI. CANDIDATE QUALIFICATIONS
QUESTION: Specifically explain what separates you from the other candidates on drinking water protection issues?

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