Atlantic States Lawsuit

1. Federal Clean Water Act 1972 1988 NYS Department of Environmental Conservation joins Atlantic States suit against the county. Atlantic States Lawsuit • Onondaga Lake is • declared on super-fund list. • Onondaga Lake declared • most polluted lake in U.S. NYS DEC and Atlantic States Legal Foundation settled the suit (Judgment of Consent) County under court order to abate the pollution of the Lake. County develops Municipal Compliance Plan. County’s BMP’s plan to control CSO pollution is insufficient.

2. 1991 County response is sluggish. County was the only location in the state without Municipal Compliance Plan. NYS DEC and Atlantic States find county’s plan insufficient and unacceptable. Municipal Compliance Plan: Above Ground Sewage Treatment Plant Parties to the consent order meet and struggle with outputs and deadlines. A dead result. Cleanup process is stalled. Stalled until Republican Party wins the NYS Governorship (i.e. Gov. Pataki)

3. 1994 Gov. Pataki appoints DEC personnel who support the MCP. EEA effectively blocked out all competing ideas for Lake cleanup. Environmental Engineering Association is formed. • Powerful engineering • companies (top 500): • O’Brien & Gear • (offices in 26 states) • 2) Stearns & Wheter • Decide to form a limited • liability partnership. Select Moffa “swirler” technology as the centerpiece for combined sewer overflow (CSO). “Favorite Son” Peter Moffa gets Lake modeling contract.

4. Onondaga County presents “Done Deal” to the Syracuse community. 1998 Gov. Pataki offers 165 million for Lake cleanup. One million of federal funds via Rep. Walsh. • Amended Consent • Judgment signed by • ASLF • NY-DEC • Onondaga County County convinces public that there is only one option. Atlantic States Legal Foundation still finds MCP inadequate. ASLF negotiated consent order for years. Atlantic States Legal Foundation reluctantly agrees to sign the ACJ because monetary support is threatened. ASLF negotiates County, State, & Fed. Gov. to improve the proposed ACJ. ACJ time-table and fining mechanisms are defined. Procedure is developed to alter the technology of a defined project.

5. Civic concerns • regarding • Midland project: • Eviction • Rats • Stigma • Smell EPA’s Environmental Assessments (EA) declare a finding of NO Significant Impact for the Midland Ave CSO Abatement Project. 1999 Onondaga County Formal Public Hearing at Danforth School for Southside Community March 23, 1999 County assesses alternate sites for the Sewage Plant. County rules out all locations but Midland. County plans to fulfill mandate for Public Hearing. Citizens For A Fair Treatment is formed by residents of Oxford & Blaine.

6. 2000 Citizens unite under Partnership for Onondaga Creek (POC). City condemns a 9-unit apartment building at Oxford & Blaine; 12 families lose their homes. Phase 1 pipeline installed with intent of “Shutting Down” city/citizen protest. July Citizens for Fair Treatment are shut-down. Rep. Walsh initiates one million dollar search for alternative models. Walsh initiative fails. City Council votes 9-0 to make land unavailable for pipeline. POC educates public: 1) Protest at Pirro’s home 2) Creek Walk 3) Dinner for Alternatives

7. Co. Leg. Approves funding for proposed Regional Treatment Facility (RTF/sewage plant). POC organizes petition (800+ signatures) asking city to not sell land to the county. 2001 County sues City in Federal Court. City Common Council votes unanimously to veto sale of land at Midland to County for Above Ground Sewage Treatment Plant. Judge orders City/County stakeholders to resolve differences through mediation. City Council rejects the Inter-Municipal Agreement: 8 parcels of city-owned land & $3 million of mitigation. POC researches the issue and develops an alternative proposal. POC demands stakeholder status. DEC resists POC presence at meeting. DEC accepts.

8. During mediation, POC presents criteria for acceptable alternative: no evictions, retain the park, no chemicals— Underground Storage! 2002 POC meets privately with County Executive Pirro to understand revised plan. County unilaterally decides to downsize the plant by adding storage and changing the plant’s position. The County decides what the community gets. City hires their own consulting engineer who drafts an underground storage plan. Syracuse United Neighbors holds public meeting with Pirro. County accepts underground storage plan with provisions which the City cannot accept. Nine months of negotiations abruptly end. City backs underground storage plan at a public meeting.

9. 2003 Interlocuting appeal fails and POC demands a full appeal. Lines harden between City and County. • Mayor files full appeal • to judge’s decision to award • Midland land to the County. • County submits revised • facilities plan to the NY-DEC. POC activates citizen campaign through presentations at city resident planning group meetings. Continued citizen efforts demand that our elected officials find the political will to fund underground storage. POC & Canopy promote citizen awareness of creek’s potential through canoe rides & tabling. EPA awards $250 thousand for creek revitalization.

10. 2003 POC researches the value of a Civil Rights claim and/or an Anti-Trust suit. SUPILF finds “trigger-point” for a Title VI claim and files claim with the EPA against the state. Syracuse University Public Interest Law Firm agrees to Research potential title VI claim. County legislator submits POC’s written resolution to deal with the $20 million gap. POC connects with the SU Public Interest Law Firm. A visiting environmental attorney assigns two student interns of color to the project. City/County talks begin again about City/County collaboration in closing $20 million gap. POC researches ways to close the $20 million gap in cost for underground storage and presents findings to the County Legislature.

11. May 2004 County/City talks seem to fail. City appears to barter Midland for Clinton. SUPILF adds to the Title VI: Questioning projected costs in facilities plan. County Opens Bids: Bids total $20 million over 2003 plan. (County knew figures were bogus.) Evictions & demolition begins. County demolishes neighborhood homes. Blaine Street residents join POC to resist eviction and unfair compensation. POC resists: - Present pledge of resistance to the County Legislature. - Civil Disobedience in Sen. Hoffman’s office. - Civil Disobedience at community demolition site.

12. September 2004 POC lobbies state & federal elected officials. POC requests state and county to return to negotiations. POC’s request is rejected. Atlantic States Lawsuit POC talks to community groups and VIP’s about environmental justice, civil rights, and democracy gone wrong. Invite support for renewal of mediation as resolution to claim. SUPILF writes letters to: 1) Support POC letters of request 2) Ask the EPA to suspend funding. POC contacts state groups (Sierra Club, NRDC, WE ACT, etc.) to write letters to the state on our behalf and to urge state to follow state’s own environmental policy. Partner with Environmental Advocates to arrange a press conference in Albany and set up blast fax which sends letters to Gov. Pataki & DEC.

13. POC realizes that stakeholders did not initially receive a copy of the draft discharge permit. POC informs stakeholders & other concerned groups. 2005 POC & ASLF realize that draft permit is essentially flawed due to an inadequate comment period and a lack of monitoring for disputed CSO’s. DEC issues SPDES discharge permit for main sewage plant that includes disputed Midland Ave RTF. SUPILF requests discharge permit notification for disputed RTF from DEC. SUPILF foils DEC for CSO data: POC hires engineer who collaborates with SUPILF to write in-depth comments to DEC. POC starts a public postcard/letter campaign to demand a public hearing. POC holds rally at DEC office.

14. 1988