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HomeMy WebLinkAboutLetter from the Mayor to Regional Water Engineer NYS DEC.PDF€tllage af 6.agugr Heiglltr MARCHAM HALL 836 HANSHAW ROAD |THACA, N.Y. 14850 February 7,2006 Mr. Steven P. Eidt. P.E. Regional Water Engineer NYS DEC Division of Water Region 7 615 Erie Boulevard West Syracuse, NY 13204-240A Dear Mr. Eidt: Enclosed is the revised consent order that I received on behalf of the Village of Cayuga Heights on January 16,2006. I regret not having had the opportunity to discuss witfrlou the January I I version of the consent order, but Mr. Gillette offered io present you wiih the agreed upon revisions that resulted from our Syracuse meeting in December and most of which have been included in the revised January 13 version herewith attached. The Village believes the penalty set forth in the order for the 5 alleged violations are indeed excessive given the circumstances that surrounded that period in 2004-05 wherethe Village was engaged in a major construction initiative to retrofit the treatment plant trickling filters. As you know the alleged violations occurred while the Village was engaged in replacin g seriatim each of the trickling filters with the result that only half of the treatment capacity was available on line for this period. Those conditions, coupled with our concern about the accuracy of the phosphorous measurements by the outside laboratory cause us to question the need for DEC to have taken this action. Lastly, we call your affention to the fact that the Schedule for Compliance prepared in consultation with Stearns and Wheler and set forth in the consent order can only be accomplished if the Department review of the engineering plan is completed within a 45- day period from the date of this letter. ,! We genuinely regret that you concluded that a consent order was needed in regard to the Village's performance given our full commitrhent to meeting our SPDES requlrements now and in the future, and our good faith efforts to date. ,fu Enclosed: $2,500 check payable to I{YSDEC Regional Director C: Village {Trustees, Treasurer, Engineer} Stearns & Wheler LLC, David Tyler, Esq. Telephone 607-257-1 238 Otfice Hours 9A.M.-4P.M.