Estchester sues NYC over Bronx Water Treatment Plant

Subject: Yet another group sues NYC on the filtration plant
Date: 11/17/2004 9:15:07 AM Eastern Standard Time
From: MarianR451
To: KingmontNY



Eastchester sues NYC
By KEN VALENTI
THE JOURNAL NEWS
(Original publication: November 17, 2004)

The town is suing to block New York City from building a water treatment plant in the Bronx, arguing that if the city chose to build its plant in Mount Pleasant — an option that was considered — the need for a treatment facility on Eastchester's residential streets would be reduced.

Using the state's environmental review law, the town argues that New York City did not fully examine the effects of its decision, as required. The town argues that, with a treatment plant farther north, United Water New Rochelle would not need to build a planned 7,600-square-foot treatment plant on California Road, replacing a small pump station.

If the city's plant were built in Mount Pleasant, "it would not be necessary for United Water to expand its treatment plant to the size that they are proposing," said Eastchester town attorney John Sarcone.

Lawyers for Eastchester, New York City and United Water appeared yesterday before state Supreme Court Justice Francis Nicolai in White Plains.

Susan Amron, an attorney for New York City, said the city's plans for a plant in the Bronx, at Van Cortlandt Park, are not connected to United Water's plans for a 7,600-square-foot treatment facility in Eastchester.

"We think the two are really unrelated," she said.

Indeed, United Water spokesman Richard Henning said yesterday that the company would need to build the Eastchester plant, at the size planned, even if New York City did build its plant in Mount Pleasant.

But Eastchester opponents of the plant believe they could avoid the United Water plant at California Road and Route 22, at least as it is planned now, by moving the city's facility farther north.

"I don't think people understand what takes place on what appears to be an innocent corner of this town," Judy Blau, a member of the citizens group Safety Always First For Eastchester, or SAFFE. She said the organization has joined with groups in New York City to fight the Bronx plan.

"We are not yet tying ourselves to trees, although that has been discussed," said I.C. Levenberg-Engel, president of the Bronx Council for Environmental Quality. He said the construction would disrupt a crowded neighborhood and, as one effect, would raise dust that would worsen asthma suffered by children in the area.

Charles Sturcken, a spokesman for the New York City Department of Environmental Protection, said the construction of the $1 billion filtration plant would include methods to control noise, dust and odors.

The city chose the site because the plant there would cost less to build and operate, and would sit closer to the main lines and distribution system, making the overall system more flexible, and making it easier to keep the water clean, according to a July 16 report by the city.

In the brief appearance before Nicolai, Michael Zarin, a lawyer for Eastchester, told the judge that the town was willing to agree to the city's request to change venue for the trial to either Manhattan or Queens, where other cases against the city are pending, with the final decision to be reached with the other attorneys.

Nicolai is also considering the latest lawsuit brought by Eastchester against the water company

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