20250702 DEC Consent Order

KATHY HOCHUL Governor AMANDA LEFTON Commissioner

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July 2, 2025

Village of Red Hook Attn: Mayor Karen Smythe 7647 South Broadway Red Hook, New York 12571 Via email only: mayor@redhooknyvillage.org

RE: Matter of VILLAGE OF RED HOOK DEC Case No. R3-20250610-54

Dear Mayor Karen Smythe:

I represent the New York State Department of Environmental Conservation (DEC) and write regarding violations of the Environmental Conservation Law (ECL) and attendant regulations at the Village of Red Hook Wastewater Treatment Plant.

I have enclosed a proposed Order on Consent memorializing the key terms and conditions to settle the violations. The Schedule of Compliance outlines the corrective actions needed to bring the facility into compliance. It is important that we resolve these violations before DEC makes a final decision regarding the facility’s State Pollutant Discharge Elimination System (SPDES) permit renewal. As you may be aware, DEC received numerous public comments on the proposed permit renewal expressing concerns about violations at the facility.

We have calculated the potential civil penalties under DEC’s guidance documents that govern the violations at your facility, and we believe the proposed penalty is fair, appropriate, and tailored to the violations. The penalty in the Order on Consent is a fraction of the penalty liability imposed by law for the identified violations. Consistent with DEC’s Civil Penalty Policy, a voluntary, negotiated penalty can be lower than an adjudicated penalty awarded after a formal hearing.

We believe a negotiated settlement of this matter will lead to a resolution that corrects the violations, ensures future compliance, and includes a reasonable penalty.

Please have an authorized official sign the enclosed Order on Consent in the presence of a notary and return it to my attention at the address above. Please submit the penalty payment in accordance with Paragraph I.B of the Order.

Please contact me or have your counsel contact me at ashley.johnson@dec.ny.gov or (845) 256-3164 by July 11, 2025 to discuss this matter.

Office of General Counsel, Region 3 21 South Putt Corners Road, New Paltz, NY 12561 | dec.ny.gov | (845) 256-3000

We look forward to resolving this case in a manner satisfactory to you and DEC. Thank you.

Sincerely,

loki— Ashley Johnson Regional Attorney

Enclosure

ecc: Vijay Gandji, DEC Meena George, DEC William Carswell, DEC

STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION

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In the Matter of the Violations of Article 17 of the Environmental Conservation Law and Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York,

ORDER ON CONSENT

-by- DEC Case No. Village of Red Hook, R3-20250610-54

Respondent.

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WHEREAS :

1. The New York State Department of Environmental Conservation (the Department or DEC) is responsible for the conservation, improvement, and protection of the natural resources and environment of New York State to enhance the health, safety, and welfare of the people of the state and their overall economic and social well-being;

2. The Department is responsible for the administration and enforcement of laws, regulations, and management of water pollution control and the State Pollutant Discharge Elimination System (SPDES) permits issued thereunder pursuant to Article 17 of the Environmental Conservation Law (ECL) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR) Parts 700 et seq . and 750 et seq .;

3. Respondent VILLAGE OF RED HOOK maintains its principal office at Village Hall, 7647 South Broadway, Red Hook, New York 12571;

4. Respondent owns the facility identified as the Village of Red Hook Wastewater Treatment Plant (WWTP) located on U.S. Route 9, Red Hook, New York 12571 (the Facility); and

5. The Department issued a SPDES permit (NY0271420) (the SPDES Permit) on May 1, 2020 for the Facility authorizing the discharge of treated sanitary wastewater into a subtributary of the Saw Kill, a Class C(T) waterbody.

FACTS

6. On March 21, 2025, Department staff inspected the Facility.

7. The Discharge Monitoring Reports (“DMRs”) reviewed by Department staff during the March 21, 2025 inspection document that between January 31, 2024 and February 28, 2025, the Facility exceeded effluent limits in the SPDES permit:

   • a. Six times for flow;

   • b. Four times for ultimate oxygen demand;

   • c. Three times for ammonia (as nitrogen);

   • d. Three times for total suspended solids;

   • e. Two times for dissolved oxygen;

   • f. Two times for settleable solids; and

   • g. Two times for fecal coliform.

8. During the March 21, 2025 inspection, Department staff also observed the

following:

• a. Flow meters at the Facility were not calibrated;

• b. The ultraviolet disinfection system was not working; and

• c. The Facility did not have a qualified assistant operator as defined in 6 NYCRR 650.2(b).

9. The Facility was also using chlorine (a Water Treatment Chemical or WTC)

without DEC approval. SPDES Permit condition I provides in pertinent part that new or

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increased use and discharge of a WTC requires prior Department review and authorization. At a minimum, the permittee must notify the Department in writing of its intent to change WTC use by submitting a completed WTC Notification Form for each proposed WTC.

10. Department staff issued a Notice of Violation to the Respondent on April 14, 2025 for the above effluent limits and other violations.

11. In the April 14, 2025, the Department directed the Respondent to immediately implement corrective actions for the above violations.

APPLICABLE LAW

12. 6 NYCRR 650.4(a) provides that a wastewater treatment plant must at all times be under the responsible supervision of a chief operator or assistant/shift operator certified pursuant to 6 NYCRR Part 650.

13. 6 NYCRR 750-2.1(e) provides in pertinent part that the SPDES permittee must comply with all terms and conditions of the permit.

14. 6 NYCRR 750-2.5(a)(5) provides in pertinent part that for instrumentation that is not used by a certified laboratory, but which is used to measure discharges to the environment as specified in a SPDES permit, the permittee shall periodically calibrate and perform maintenance procedures to ensure accuracy of measurements. Verification of maintenance shall be logged into the record book(s) of the facility.

15. 6 NYCRR 750-2.8(a)(5) provides in pertinent part that the SPDES permittee and operator shall operate the wastewater treatment facility in such a manner as to minimize the discharge of pollutants to a degree that is achievable when compared to standard practices for operation of such wastewater treatment facilities.

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16. ECL § 71-1929 provides that a person who fails to perform any duty imposed by Titles 1 through 11 inclusive and title 19 of Article 17, the rules and regulations promulgated thereunder, or orders or determinations of the commissioner promulgated thereto, shall be liable for a penalty not to exceed thirty-seven thousand, five hundred dollars ($37,500) per day for each violation, and may be enjoined from any continuing violation.

VIOLATIONS

17. By operating the Facility without a qualified assistant operator, Respondent violated 6 NYCRR 650.4(a).

18. By exceeding effluent limitations in the SPDES permit a total of twenty-two (22) times between January 31, 2024 and February 28, 2025, the Respondent violated 6 NYCRR 750-2.1(e).

19. By utilizing chlorine as a Water Treatment Chemical at the Facility without DEC notification or approval, the Respondent violated Permit condition I and 6 NYCRR 750-2.1(e).

20. By failing to calibrate flow meters at the Facility, Respondent violated 6 NYCRR 750-2.5(a)(5).

21. By failing to maintain the ultraviolet disinfection system at the Facility, the Respondent violated 6 NYCRR 750-2.8(a)(5).

CONSENT

22. The Respondent admits the violations set forth above, waives the right to a public hearing in this matter, consents to the issuing and entering of this Order, and

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agrees to be bound by the terms, provisions and conditions of this Order including the attached Schedule of Compliance.

NOW, having considered this matter and being duly advised, it is

ORDERED that:

I. Civil Penalty

A. The Respondent is hereby assessed a civil penalty in the amount of TWENTY-FOUR THOUSAND, EIGHT HUNDRED DOLLARS ($24,800), which is payable to the Department on the Respondent’s execution of this Order.

B. Payment shall be either by electronic transfer at the following web address: http://www.dec.ny.gov/about/61016.html or by check or money order payable to the “New York State Department of Environmental Conservation” with the DEC case number of this Order written in the memo section of the check, and sent to NYSDEC, Division of Management and Budget, 625 Broadway, 10[th] Floor, Albany, NY 12233-4900 along with the enclosed invoice.

C. The executed original of this Order shall be forwarded to the Regional Attorney, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561.

II. Full Settlement

This Order shall be in full settlement of all claims for civil and administrative penalties that have been or could be asserted by the Department against Respondent, their trustees, officers, employees, successors and assigns for the violations expressly noted in this Order. This Order shall not be construed as being in settlement of events

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regarding which the Department lacks knowledge, or which occur after the effective date of this Order.

III. Schedule of Compliance

The Respondent shall strictly comply with the terms of this Order and any Schedule of Compliance attached to this Order. The Schedule of Compliance and any submissions made pursuant thereto are hereby deemed incorporated into this Order, upon approval by the Department if such approval is required, and shall be fully enforceable as part of this Order.

IV. Review of Submitted Remedial Plans and Proposals

If the Department approves any submission required under this Order, the Respondent shall implement it in accordance with its schedule and terms. If the Department disapproves the submission, the Department shall specify the grounds for disapproval. Within 15 days after receiving notice of disapproval, the Respondent shall submit a revision that fully responds to each of the Department's grounds for disapproval. If the Department approves the revised submission, the Respondent shall implement it in accordance with its schedule and terms as approved. If the revised submission is not approvable, the Department may approve it on condition that the Respondent accept such modifications as may be specified by the Department. If the Respondent does not accept such modifications, and the Department disapproves the revised submission, the Respondent shall be in violation of this Order. The Respondent shall be in violation of this Order if any submission is of such poor quality that it does not constitute a good faith effort to comply with the provisions of this Order.

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V. Inspections

Department representatives shall be permitted access to the subject site and facility and to relevant records during regular hours to inspect and/or perform such tests and other activities to ensure compliance with this Order and applicable law.

VI. Other Approvals

This Order is not a permit, or a modification of a permit, under any federal, state or local laws or regulations. Unless otherwise allowed by law or regulation, the Respondent must comply with all applicable federal, state and local laws, regulations and permits. The Respondent shall obtain whatever permits, easements, rights of entry, approvals or authorizations necessary to comply with this Order.

VII. Other Remedies; Natural Resource Damages

A. Nothing in this Order shall be construed as barring, diminishing, adjudicating or in any way affecting (1) any rights or claims, actions, suits, causes of action or demands that the Department may have against anyone other than the Respondent; (2) the Department's right to enforce the terms of this Order against the Respondent, its directors, officers, employees, servants, agents, successors and assigns in the event that the Respondent shall be in breach of its provisions; (3) the Department's right to bring any action against the Respondent, its directors, officers, employees, servants, agents, successors and assigns that the Department could otherwise maintain with respect to areas or resources that may have been affected or contaminated as a result of the release or migration of wastes from the site or its vicinity, or to require that the Respondent take such additional measures as may be necessary for the protection of public health or the environment, including interim remedial measures; (4) the

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Department's right to commence any action or proceeding relating to any disposal of hazardous wastes at or from the site, as those wastes are defined by applicable regulation; or (5) the Respondent’s right to challenge any such action by the Department, whether by administrative hearing or otherwise, to the extent otherwise permitted by law.

B. Nothing in this Order shall be construed as barring, diminishing, adjudicating or in any way affecting the Department’s rights or authorities, including the right to recover natural resource damages against any party including the Respondent and the right to seek reimbursement of any expenditures from the New York State Environmental Protection and Spill Compensation Fund.

C. This Order shall not be construed to prohibit the Commissioner or the Commissioner’s authorized representative from exercising any summary abatement powers, either at common law or as granted pursuant to statute or regulation.

VIII. Indemnification

The Respondent or any successors, assigns or transferees, shall indemnify and hold harmless the Department, the State of New York, and their representatives and employees, for all claims, suits, actions, damages and costs of every description arising out of or resulting from the fulfillment or attempted fulfillment of this Order by the Respondent, its directors, officers, employees, servants, agents, successors or assigns.

IX. Force Majeure

If the Respondent cannot comply with this Order because of a natural disaster, war, terrorist attack, strike, riot, judicial injunction, federal- or state-ordered state of emergency related to an epidemic or pandemic, or other, similar unforeseeable event which was not caused by the negligence or willful misconduct of the Respondent and

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which could not have been avoided through the exercise of due care, the Respondent shall apply in writing within 21 days of obtaining knowledge of such fact to request a modification of the deadline or requirement. Such application shall include the measures taken to prevent and/or minimize any delays. Failure to give such notice constitutes a waiver of any claim that a delay is not subject to penalties. The Respondent shall have the burden of proving that an event is a defense to a claim of non-compliance with this Order pursuant to this subparagraph.

X. Default of Payment

The penalty assessed in the Order is a debt owed to the State of New York. Failure to pay the penalty, or any part thereof, in accordance with the requirements of this Order, may result in referral to the New York State Attorney General for collection of the entire amount owed (including the assessment of interest, and a charge to cover the cost of collecting the debt), and/or referral to the New York State Department of Taxation and Finance, which may offset any tax refund or other monies that may be owed to the Respondent by the State of New York. Any suspended and/or stipulated

penalty provided for in this Order will constitute a debt owed to the State of New York when and if such penalty becomes due.

XI. Failure, Default, and Violation of Order

The failure of Respondent to comply with any provision of this Order shall constitute a default and a failure to perform an obligation under this Order and shall be deemed to be a violation of both this Order and the ECL. Respondent's failure to comply fully and in timely fashion with any provision, term, or condition of this Order shall constitute a default and a failure to perform an obligation under this Order and under the

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ECL and shall constitute sufficient grounds for revocation of any permit, license, certification, or approval issued to the Respondent by the Department.

XII. Entire Agreement

The provisions of this Order constitute the complete and entire Order issued to the Respondent, concerning resolution of the violations identified in this Order. Terms, conditions, understandings or agreements purporting to modify or vary any term hereof shall not be binding unless made in writing and subscribed by the party to be bound, pursuant to the Modification Paragraph of this Order. No informal oral or written advice, guidance, suggestion or comment by the Department regarding any report, proposal, plan, specification, schedule, comment or statement made or submitted by the Respondent shall be construed as relieving the Respondent of his/her obligations to obtain such formal approvals as may be required by this Order.

XIII. Binding Effect

This Order shall bind the Respondent, its officers, directors, agents, employees, contractors, successors and assigns, and all persons, firms and corporations acting under or for the Respondent including any subsequent operator of the facility, and any successor in title to the facility or any interest therein.

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XIV. Effective Date and Termination

This Order shall become effective when signed by the Regional Director on behalf of the Commissioner, and shall terminate when its requirements are completed to

the Department’s satisfaction.

Dated: New Paltz, New York _______________, 20

AMANDA LEFTON Commissioner, NYSDEC

By: _____________________________ KELLY R. TURTURRO Regional Director DEC Region 3

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CONSENT BY RESPONDENT

Respondent VILLAGE OF RED HOOK hereby consents to the issuance and entry of this Order without further notice, waives its right to a hearing in this matter, and agrees to be bound by the terms, conditions and provisions of this Order. The undersigned represents and affirms that they have the legal authority to bind the Respondent to the terms and conditions of this

VILLAGE OF RED HOOK

By: _________________________________ Print Name: ___________________________ Title: _________________________________ Date: ________________________________

ACKNOWLEDGMENT

On this ______ day of __________________, in the year 20, before me, the undersigned, personally appeared ________________________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity as shown in the instrument, and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

_____________________________ Notary Public

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SCHEDULE OF COMPLIANCE DEC Case No.: R3-20250610-54

Respondent: Village of Red Hook Site: Village of Red Hook Wastewater Treatment Plant U.S. Route 9, Red Hook, New York 12571 SPDES Permit ID: NY0271420

Please reference DEC Case No. R3-20250610-54 on all submittals required under this Order, which shall be submitted to: Vijay Gandhi, Division of Water, NYSDEC Region 3, 21 South Putt Corners Road, New Paltz, NY 12561 (Vijay.Gandhi@dec.ny.gov)

Within 60 days of the effective date of this Order

The Respondent shall submit to the Department for review and approval an Engineering Report, in conformance with the latest version of the Engineering Report Outline for New York State Wastewater Infrastructure Projects and prepared by a Professional Engineer licensed in the State of New York, and implementation schedule for upgrades and repairs needed at the Facility or in the collection system to eliminate violations of the SPDES permit.

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