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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Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑ Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilwoman Bettina.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