[Press release For use at 6 p.m., Monday, July 18, 1966] The city and the State have agreed on a major program of sewage treatment improvements as a result of negotiations begun just 7 days ago in Albany, City Manager Seymour Scher and Dr. Hollis S. Ingraham, the State health commissioner, announced today. Scher described the program as "expensive, very expensive." He said the total could be as high as $38,500,000, with the city's share to be $15,400,000. Engineering studies will furnish the detailed estimates, he said. The city's financial contribution, he said, is dependent upon action of the city council. "The city could not possibly undertake expenditures of this magnitude by itself," Scher said. "That is why the agreement with the State provides for assurances that substantial State and Federal financial aid will be available for the program. And, because of the tremendous costs involved, that is why the city had to have specific guidelines from the State before it could agree to specific commitments." Dr. Ingraham, in commenting on the signing of the consent order, expressed appreciation to Dr. Scher and other Rochester officials for their cooperative approach. During the negotiations the Rochester group made many helpful suggestions, Dr. Ingraham said, particularly with respect to resolving the im mediate chlorination problem. Dr. Ingraham assured Rochester officials that the State health department stands ready to assist the city in every way possible in meeting its commitments under the consent order. "The progressive step which Rochester has taken in the signing of this order," Dr. Ingraham said, "represents a sizable financial commitment on the part of its citizens. This commitment, however, is much less burdensome because 60 percent of the cost will be borne by State and Federal funds under Governor Rockefeller's pure waters program.' The agreement is in the form of a stipulation and order. The stipulation acknowledges that facts exist upon which the order is predicated, but also declares that the city does not admit that it was or is violating the public health law. The order agreed to calls for the city: 1. To conduct an engineering study of the main sewage treatment plant in Durand-Eastman Park "and of such necessary improvements thereto, including additional settling facilities and of such additional facilities as may be required to produce an adequately disinfected final effluent containing not more than 15 percent of the biochemical oxygen demand of, and not more than 15 percent of the suspended solids in the influent received" by the plant. The city is to submit final construction plans for such facilities by April 1, 1969. 2. To begin construction of the additional facilities within 4 months after the State approves the plans and State and Federal applications for financial aid are approved. 3. To complete construction by January 1, 1971. 4. To submit to the State for approval a new sewer ordinance and, after such approval, to submit it to the city council for adoption. An ordinance already has been prepared and is under administrative review, Scher pointed out. 5. To increase chlorination capacity at the plant from the present 8,000 pounds a day to 24,000 pounds a day by July 22, 1966, and to continue chlorination thereafter to meet State standards. Scher said equipment for additional chlorination was ordered months ago and is now being installed. 6. To continue inspection of sewage overflow stations at least twice weekly or on a schedule agreed to by the city and county health department, with reports sent monthly to the State. 7. To begin an engineering study of the feasibility of an automatic alarm system to be installed at sewage overflow points and of chlorination facilities to be installed at all overflow stations sufficient to meet State standards. The results of the study are to be submitted to the State through the county health department within 18 months. 8. To proceed with construction of additional chlorination stations at overflow points in accordance with the schedule included in the 6-year city capital improve ment program and budget. The projects are to be completed by January 1, 1971. Although the order does not specify secondary treatment, Scher said, it is proba ble this would be required to meet State health department standards. He said the city, however, will be conducting intensive studies over the next 24 months to determine the most appropriate, efficient, and economical course of action. (Editors: Attached are copies of the stipulation and order.) ARTHUR DEUTSCH. STATE OF NEW YORK, DEPARTMENT OF HEALTH In the Matter of Alleged Violations of Article 12 of the Public Health Law by City of Rochester, Respondent In the Matter of the Consideration of Such Action as Should be Taken in Respect to Continuation, Modification, or Revocation of Any and All Permits Issued to the City of Rochester, Respondent, for the Discharge of Sewage and/or Industrial Wastes and Other Wastes or the Effluents Thereof Into the Waters of the State STIPULATION It is hereby stipulated by and between the counsel of the New York State Department of Health and the corporation counsel of the respondent that facts exist upon which the proposed order hereto attached may be predicated, and that the same may be made, filed, and served, and that the execution of this stipulation does not constitute an admission by the respondent that it is or has been in violation of any provision of the public health law. Dated: July, 1966. DONALD A. MACHARG, Counsel, New York State Department of Health. Acting Corporation Counsel. for JOHN R. GARRITY, Corporation Counsel, City of Rochester. STATE OF NEW YORK, DEPARTMENT OF HEALTH In the Matter of Alleged Violations of Article 12 of the Public Health Law by City of Rochester, Respondent In the Matter of the Consideration of Such Action as Should Be Taken in Respect to Continuation, Modification, or Revocation of Any and All Permits Issued to the City of Rochester, Respondent, for the Discharge of Sewage and/or Industrial Wastes and Other Wastes or the Effluents Thereof into the Waters of the State ORDER A public hearing in the above entitled proceedings having been duly authorized on behalf of the commissioner of health of the State of New York in the manner provided by law and said hearing having come on to be heard pursuant to due written notice before Earl W. Murray, Esq., duly deputized hearing officer and representative of said commissioner of health in the city of Albany on December 27, 1965, and the New York State Department of Health having appeared generally therein by Dermot C. Reilly and the respondent having appeared generally therein by Roy W. King, Esq., and Thomas Frey, Esq., assistant corporation counsels, and documentary exhibits having been received and sworn testimony having been adduced on behalf of said department and on behalf of the respondent, and said testimony and the minutes of said hearing having been stenographically transcribed, and the counsel of said department and the corporation counsel of the respondent having stipulated in writing that facts exist upon which this order may be predicated and that the same might be made, filed, and served, and that the execution of said stipulation does not constitute an admission by the respondent that it is or has been in violation of any provision of the public health law, and the hearing officer having approved said stipulation. Now on reading and filing said notice of hearing and proof of service thereof, stipulation and hearing officer's approval, exhibits and minutes of hearing, and due deliberation having been had, it is Ordered: I. That the respondent shall within 30 days following service upon it of a copy of this order or upon continued default of performance of any of the provisions hereof after 30 days notice in writing cease and abate, and thereafter keep abated all discharges of sewage and industrial wastes and other wastes by it or through sewers or drains under its control into the waters of the State unless said respondent shall: 1. Submit to the New York State Department of Health for approval a proposed sewer use ordinance based upon the Water Pollution Control Federation model sewer use ordinance within 60 days after service of a copy of this order, and, 67-442-66-pt. 1-12 upon such approval, submit the same to the Common Council of the city of Rochester for adoption. 2. Increase the chlorination capacity at its sewage treatment plant from the present 8,000 pounds per day to 24,000 pounds per day by July 22, 1966; and thereafter continuously apply sufficient chlorine to the effluent of its sewage treatment plant to adequately disinfect the same, a chlorine residual of not less than 0.5 parts per million after not less than 15 minutes contact time and a most probable number of coliform organisms in said effluent not greater than 2,400 per 100 milliliter computed on a monthly logarithmic average basis being considered minimal effective disinfection. 3. Continue its program of inspections of sewage overflow stations, said inspections of each station to be not less frequent than twice a week, except as may otherwise be specifically agreed between said city and the Monroe County Health Department and to report the results of said inspections monthly to the New York State Department of Health through the Monroe County Health Department. 4. Cause an engineering investigation and feasibility study of: (a) an automatic alarm system to be installed at sewage overflow points and, (b) chlorination facilities to be installed at all sewage overflow stations sufficient to chlorinate said overflows to the extent that a chlorine residual of not less than 0.5 parts per million after 15 minutes following chlorination shall be obtainable to be submitted to the New York State Department of Health through the Monroe County Health Department within 18 months after such service. 5. Proceed diligently with the construction of facilities to chlorinate sewage overflow stations in accordance with the present construction schedule as contained in respondent's capital improvement program and budget, provided however that all such construction shall be completed not later than on or before January 1, 1971. 6. Submit within 10 days after such service to the New York State Department of Health through the Monroe County Health Department a report of what steps have been taken to improve respondent's present sewage treatment facilities to minimize and reduce the discharge therefrom of floating and settleable solids and to increase the chlorine dosage. 7. Conduct an engineering study of its sewage treatment plant and of necessary improvements thereto including additional settling facilities and of such additional facilities as may be required to produce an adequately disinfected final effluent containing not more than 15 percent of the biochemical oxygen demand of and not more than 15 percent of the suspended solids in the influent received by said sewage treatment plant and submit in approvable form to the New York State Department of Health through the Monroe County Health Department final construction plans prepared under direction of a duly licensed professional engineer for such facilities on or before April 1, 1969. 8. Cause construction of such facilities in accordance with said plans after approval by the New York State Department of Health and after approval of applications for State and Federal financial assistance for said constructions, to be initiated on or before 4 months from the date of such approvals, which applications respondent shall make and diligently pursue. 9. Thereafter diligently pursue said construction and cause it to be completed in accordance with approved plans on or before January 1, 1971. 10. Thereafter continuously maintain and operate such facilities in such manner that the standards of the waters receiving the effluent therefrom shall at no time be contravened thereby. II. That any and all permits issued to the respondent for the discharge of sewage or industrial wastes or other wastes or effluents thereof into the waters of the State be and the same are hereby modified to refer and relate to and permit only the discharge of effluents treated in the facilities hereby alternatively ordered to be constructed, and as so modified, said permits are continued. III. That the facts and conclusions contained in the stipulation aforesaid be and the same hereby are made, found and arrived at. Dated: Albany, N.Y., July —, 1966. HOLLIS S. INGRAHAM, M.D., Commissioner of Health of the State of New York. To: Water Resources Commission, City of Rochester, Corporation Counsel, City of Rochester. Mr. JONES. Thank you very much, Mr. Malone. Are there questions? Mr. HORTON. No questions. Mr. JONES. Mr. McCarthy? Mr. McCARTHY. No questions. Mr. JONES. Thank you very much. We appreciate your statement. Did you have any additional statements on the part of the city officials you would like to submit? Mr. MALONE. No. There are additional materials that have been submitted. Mr. JONES. They have already been made a part of the record. Mr. MALONE. Right. Mr. JONES. Now, as I stated earlier, the committee will receive statements during the next 15 days. If there is anyone who would like to submit his statement for the record, and if the subject matter is germane, it will be included in the record. The clerk of the committee is here. If there is anyone who would like to take leave of that opportunity, will you see Mr. Indritz at the conclusion of the hearing. That concludes the scheduled witnesses for the hearing today. I certainly want to thank the witnesses who have appeared before the subcommittee and accommodated us with your views which we find very valuable. I do not recall that this subcommittee has ever had a finer group of witnesses who imparted as valuable information as we have received at our hearing today. We always wish that we could have more protracted hearings; but in view of the fact that we usually make on-site inspections the day following the hearings, the number of hearings we have held and will hold throughout the country, and the amount of traveling time involved in each of the hearings, this just isn't possible. But I want to thank each of the witnesses who have appeared today. Your statements have shown that you spent considerable time and thought in preparation of the information that you gave us. Also, I want to thank the city officials and the officials of Monroe County who have afforded us these hearing quarters and who have cooperated in the preparation of this hearing today. The staff has mentioned to me, time and time again, the splendid cooperation and the warm reception they have met in dealing with the officials of this area in preparing for this hearing. Also, I wish to express my appreciation to the members of the subcommittee and the staff for their prompt and constant attention to the hearings today. With that, the subcommittee will stand adjourned. Thank you very much. (Whereupon at 7 p.m., the subcommittee adjourned.) |