Coalition Seeks $10M for Costly Stormwater Rules

Bedford is fortunately situated on top of an aquifer—but unfortunately faces steep costs associated with keeping that water supply contaminant-free.

Ten million over the next five years is needed to fund stormwater retrofits in the New York City watershed for the Municipal Separate Storm Sewer Systems (MS4) requirement, a federal mandate that is enforced by the New York State Department of Environmental Conservation.

To soften the blow, Bedford is working with 11 other municipalities to petition Westchester County for $10 million to help pay for program costs resulting from reducing phosphorus in the New York City water supply.

If obtained, the money would come from funds provided to the county by New York City Department of Environmental Protection for water quality improvements in the East of Hudson watershed.

"If we don't get this help, its essentially an unfunded mandate," said Bedford supervisor Lee Roberts. "There are huge fines if we don't comply."

Those fines can be up to $37,000 a day if the town doesn't have a plan in place to meet the stringent guidelines set by the DEC, said Kevin Winn, Bedford's commissioner of public works.

The MS4 requirements mandate that towns and villages in New York control and cleanse stormwater runoff, whether coming from municipal or private property, that will make its way into the surface waters. 

"We have to find ways to reduce phosphorus in the water supply," said Winn. "It comes from pesticides, detergents, fertilizers, pet waste, and septic systems draining into the groundwater supply," he said.

The regulations are statewide,  but towns in the watershed—which  include 12 towns in Westchester, five in Putnam County and four in Dutchess County—face more stringent requirements.

Educating the public about storm runoff is one of six MS4 measures the town must comply with, including:

• Public involvement and participation: such as last week's town meeting when Winn and Jeffrey Osterman, director of planning, reviewed the town's stormwater plans.
• Illicit discharge detection and elimination: manages pollution complaints such as septic leaks—25 were made last year, according to Osterman.
• Construction site stormwater runoff control: new construction sites that disturb over one acre have to manage erosion sediment control.
• Post-construction stormwater mangement: the maintenance of structural practices to treat for sediment and phosphorus such as retention ponds and catchbasins.
• Pollution prevention includes municipal operations such as how the town treats roads in winter and how the town stores salt.

Osterman is also gathering information on a new septic pumping requirement which will require arranging for every septic tank in town to be pumped every five years.

The coalition of towns, called the Northern Westchester Watershed Committee, had a "favorable" meeting this week with county executives to discuss the use of the East of Hudson funds, according to Mary Beth Murphy, Somers town supervisor, who has taken a lead on the committee.

 "Small towns shouldn't have to wrestle with this singlehandedly," said Murphy. "We hope to continue our progress when we next meet on August 12."

County Legislator Peter Harckham (D-Katonah), who chairs the energy and environment committee,  told Patch that he hopes that the county executive's office will support the East of Hudson funding for stormwater retrofits, but it's the board of legislators that ultimately approves the expense.

Controlling stormwater is one of several water-related  projects for the town.

Another project, the water filtration plant, which should break ground this summer, will result in delivering the protected surface water supply to Bedford's consolidated water district.

The town is also pursuing the expansion of a wastewater treatment plant owned by the New York State Department of Corrections to handle the town's wastewater; $10 million in East of Hudson funds have been earmarked for this project already, said Harckham.