2016-108 2016-108
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 March 14,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-108
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Ciccarelli.
WHEREAS, the Town of Wappinger owns and operates the Mid-Point Park Sewer
Plant; and
WHEREAS, on or about June 10, 1974, the Town Board, by Resolution, authorized the
creation of the Mid-Point Park Sewer Improvement Area for the purposes of acquiring a sewer
treatment plant, trunk lines, sewer laterals, pumping stations and associated facilities to serve the
Mid-Point Park development, now known as the Royal Ridge development; 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, over time there has been an increase in the infiltration and inflow (I & I) to
the collection system to the sewer treatment facility causing the flow rate to the sewer treatment
facility to exceed the SPDES permit limits; and
WHEREAS, the New York State Department of Environmental Conservation
(hereinafter "NYS DEC"), during an annual inspection of the facility in March of 2014,
determined that there were exceedances of the permitted flow at the sewer plant; and
WHEREAS, negotiations ensued between NYS DEC and the Engineers to the Town to
finalize a flow management plan to address the infiltration and inflow (I & I), believed to be the
source of the exceedances; and
WHEREAS, the terms and conditions of the flow management plan and schedule of
construction have been approved by NYS DEC and incorporated into the Order on Consent; and
WHEREAS, NYS DEC has submitted an Order on Consent which will require the Town
to undertake required repairs on an expedited basis; and
WHEREAS, pursuant to the Order on Consent, the Town shall be liable to pay a civil
penalty in the amount of$57,000.00; and
WHEREAS,pursuant to the Order on Consent, $11,000.00 will be payable to NYS DEC
upon execution of the Order on Consent with the remaining balance of $46,000.00 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
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 recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. 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.
3. The Town Board of the Town of Wappinger hereby authorizes and consents to the
payment of the civil penalty in the amount of$11,000.00 as set forth in the Order on Consent.
4. 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.
5. 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$11,000.00.
This Resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
3/14/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK