2022-149 2022-149
Resolution Authorizing Entering Into An Order On Consent In Connection With Mid-
Point Park Sewer Plant
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
11, 2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓Vote Record-Resolution RES-2022-149
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑
Al Casella Mover Q ❑ ❑ ❑
The following Resolution was introduced by Casella and seconded by Councilwoman
Bettina.
WHEREAS,the Town of Wappinger owns and operates the Mid-Point Park Sewer Plant; and
WHEREAS, Mid-Point Park waste water treatment plant treats sewage by a
conventional activated sludge process with secondary sedimentation, followed by sand filtration
and chlorine disinfection designed to treat an average daily flow of 0.066 mgd; and
WHEREAS, the New York State Department of Environmental Conservation
(hereinafter "NYS DEC"), has reduced the permitted limits for certain discharges for wastewater
treatment facilities which will necessitate the replacement of the Mid-Point Park Sewer Plant;
and
WHEREAS, the New York State Department of Environmental Conservation (hereinafter "NYS
DEC"), issued a Notice of Violation dated August 21, 2019 and determined that the sewer
treatment plant exceeded permitted effluent limits 15 times over between 2017 and 2019; and
WHEREAS, negotiations ensued between NYS DEC and the Engineers to the Town and
the Attorney to the Town to establish a schedule for compliance to remediate the violation; and
WHEREAS, the Town of Wappinger has received an Engineering Planning Grant to
investigate alternatives to cure the violations and design a replacement for the existing Mid-Point
Park Sewer Plant; and
WHEREAS, NYS DEC has submitted an Order on Consent which will require the Town
to develop a replacement design and complete construction by December 31, 2027; and
WHEREAS, pursuant to the Order on Consent, the Town shall be liable to pay a civil
penalty in the amount of$25,200.00; and
WHEREAS, pursuant to the Order on Consent, $6,000.00 will be payable to NYS DEC
upon execution of the Order on Consent with the remaining balance of $19,200.00 being
suspended provided that the Town strictly adheres to the terms and conditions of the Order on
Consent; and
WHEREAS, by compliance with the Order on Consent, the Town would satisfy the
violations that are alleged by NYS DEC and the suspended penalty would be waived; and
WHEREAS,the Town Board Members have each read the Order on Consent and they
collectively concur with the terms and conditions set forth therein, and further determine that it is
in the best interest of the Town, especially the residents of the Royal Ridge development, to enter
into and be bound by the Order on Consent.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Members of the Town Board of the Town of Wappinger hereby each acknowledge
that he or she has read and approves the terms and conditions set forth in the Order on Consent
annexed hereto.
2. The Town Board of the Town of Wappinger hereby authorizes and consents to the
payment of the civil penalty in the amount of$6,000.00 as set forth in the Order on Consent to
be paid from the funds of the Mid-Point Park Sewer District.
3. The Town Supervisor is hereby authorized to execute said Order on Consent by and on
behalf of the Town of Wappinger and to take all steps that are necessary to comply with said
Order on behalf of the Town and to implement the corrective work required by said Order on
Consent.
The Town Supervisor is further authorized to deliver an executed duplicate original of the Order
on Consent, in the form as annexed hereto,to NYS DEC,together with a check of the Town
drawn to the order of New York State Department of Environmental Conservation in the amount
of$6,000.00.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
10/11/2022
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK