HomeMy WebLinkAboutTB Agenda and Materials 2025-08-25Meeting of the Ithaca Town Board
August 25, 2025, 4:30 p.m.
215 N Tioga St.
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AGENDA
1. Tompkins County Sheriff Report – Sheriff Osborne
2. Presentation – JYC – Joint Youth Committee
3. Public hearing and consider adoption of public interest orders, subject to Permissive
Referendum, for the proposed:
a. Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement/Area
b. Town of Ithaca 2025 Miscellaneous Water Main Replacement Water
Improvement/Area
4. Discuss and consider approval of a Municipal Coalition Letter in opposition to NYSDEC
proposed IAWWTF permit modifications and in support of State investment in water
quality mitigations identified in the “Cayuga Lake Total Maximum Daily Load for
Phosphorus”
5. Committee Reports
a. Budget – No Meeting
b. COC – No Meeting
c. P&O
d. Planning
e. Public Works – No Meeting
f. Other
6. Reports from Town Officials
7. Consent Agenda
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Acknowledge receipt of 2024 Independent Audit
8. Review of Correspondence
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MEETING OF THE ITHACA TOWN BOARD
August 25, 2025
TB Resolution 2025 – xxx: Public Interest Order -Sewer Improvement for the Town of
Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be
known as the Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement and
establishing the Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement Area
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York,
held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on August 25,
2025, at 4:30 o’clock p.m., Prevailing Time.
Present:
Moved: Seconded:
Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such
manner and in such detail as has heretofore been determined by the Town Board of the Town of
Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to
Article 12-C of the Town Law, of sewer system improvements to be known and identified as the
Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement (the “Improvement”), to
provide such Improvement to the present Town sewer system, such Improvement to be jointly
owned by the Town of Ithaca and the City of Ithaca, to serve a benefitted area in said Town to be
known as the Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement Area (the “Sewer
Improvement Area”); and
Whereas, the Improvement proposed in connection with the establishment of the Sewer
Improvement Area consists of replacing approximately 250 LF of 8” Cast Iron forcemain with
new 8” HDPE and installing 190 LF of 12” Steel Sleeves, as well as other ancillary and
incidental improvements and expenses in connection therewith, at a maximum estimated cost to
the Sewer Improvement Area of 41.57% of $208,579.50, which is $86,706.50; and
Whereas, said map, plan and report, including estimate of cost, were prepared by a competent
engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk
of said Town prior to the Town Board’s August 11, 2025 meeting, where the same were
available during regular office hours for examination by any person or persons interested in the
subject matter thereof; and
Whereas, the area of said Town determined to be benefited by said Improvement consists of the
entire area of said Town excepting therefrom the area contained within the Village of Cayuga
Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said
Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the
office of the Town Clerk, which map is available for inspection by any person or persons
interested in same during regular office hours at said office; and
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Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in
said Sewer Improvement Area by assessing, levying upon and collecting from the several lots
and parcels of land within such Sewer Improvement Area, outside of any villages, which the
Town Board shall determine and specify to be especially benefitted by the Improvement, an
amount sufficient to pay the cost or the principal and interest on serial bonds and bond
anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due
and payable; and
Whereas, said maximum estimated cost shall be authorized to be financed by the expenditure of
current revenues and surplus funds from sewer rents and charges from said Sewer Improvement
Area or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity not
in excess of the forty year period prescribed by the Local Finance Law; and
Whereas, on August 11, 2025, the Town Board of the Town of Ithaca duly adopted an Order
reciting the proposed Improvement, a description of the boundaries of the proposed benefited
area, the maximum amount proposed to be expended for the Improvement, the proposed method
of apportioning the costs of such Improvement, the proposed method of financing to be
employed, the fact that a map, plan and report describing the same are on file in the Town
Clerk's office for public inspection, and calling a public hearing upon said map, plan and report
and the question of providing the Improvement to serve the area to be known as the Town of
Ithaca 2025 Cecil Malone Sanitary Sewer Improvement Area , such public hearing to be held on
August 25, 2025, at 4:30 o’clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga
Street, Ithaca, New York, in said Town, at which time and place all persons interested in the
subject thereof could be heard concerning the same; and
Whereas, notice of said public hearing was duly posted and published as required by law; and
Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons
interested in the subject thereof, who appeared at such time and place, were heard concerning the
same; and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
approval, construction and implementation of the Improvement are a Type II action due to the
Improvement being a “replacement, rehabilitation or reconstruction of a structure or facility, in
kind, on the same site….”; and
Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve
the area to be known as the Town of Ithaca 2025 Cecil Malone Sanitary Sewer Improvement Area;
therefore, be it
Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. It is hereby determined that it is in the public interest to establish said Town of
Ithaca 2025 Cecil Malone Sanitary Sewer Improvement Area and to authorize, establish and
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make the Improvement hereinafter described, and such Town of Ithaca 2025 Cecil Malone
Sanitary Sewer Improvement Area is hereby established and the Improvement is authorized at a
maximum estimated cost to said Sewer Improvement Area of $86,706.50 Said Sewer
Improvement Area boundaries shall consist of the entire area of said Town outside of the Village
of Cayuga Heights as more fully shown and described in the aforesaid map, plan and report
presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by
said Improvement is the entire area of the Town outside the Village of Cayuga Heights. All of
the property within said Sewer Improvement Area is benefited by the proposed Improvement,
and all of the property benefited is included within said Sewer Improvement Area.
Section 2. The proposed Improvement shall consist of replacing approximately 250 LF of 8”
Cast Iron forcemain with new 8” HDPE and installing 190 LF of 12” Steel Sleeves, as well as
other ancillary and incidental improvements and expenses in connection therewith, at a
maximum estimated cost to the Sewer Improvement Area of 41.57% of $208,579.50, which is
$86,706.50. The proposed method of apportioning the costs of the Improvement should not be
changed. The method of financing of said cost shall be by the expenditure of current revenues and
surplus funds from sewer rents and charges from said Sewer Improvement Area or by the
issuance by the Town of Ithaca of its serial bonds with a maximum maturity not in excess of the
forty-year period prescribed by the Local Finance Law.
Section 3. It is hereby determined that the estimated expense of the Improvement does not
exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of
said Town outside of any villages and, therefore, in accordance with the provisions of
subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall
not be required for such Improvement.
Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk
is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in
the office of the Clerk of the County of Tompkins, New York, within ten days of the date this
resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall
be presumptive evidence of the regularity of the proceedings and action taken by the Town
Board in relation to the Improvement.
Section 5. It is hereby further determined that all of the cost of the Improvement allocable to
the Town shall be borne by property within said Sewer Improvement Area constituting all of the
area of said Town outside of any villages, and therefore this resolution shall be subject to
permissive referendum.
Section 6. This resolution is adopted subject to permissive referendum in the manner
provided in Town Law Article 7 and Town Law Section 209-q.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
ROLL CALL:
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MEETING OF THE ITHACA TOWN BOARD
August 25, 2025
TB Resolution 2025 - XXX: Public Interest Order- Water Improvement for the Town of
Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be
known as the Town of Ithaca 2025 Miscellaneous Water Main Replacement Water
Improvement and establishing the Town of Ithaca 2025 Miscellaneous Water Main
Replacement Water Improvement Area
At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York,
held at the Town Hall, 215 North Tioga Street, in Ithaca, New York in said Town, on August 25,
2025, at 4:30 o’clock p.m., Prevailing Time.
Present:
Moved: Seconded:
Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such
manner and in such detail as has heretofore been determined by the Town Board of the Town of
Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to
Article 12-C of the Town Law, of water system improvements to be known and identified as the
Town of Ithaca 2025 Miscellaneous Water Main Replacement Water Improvement (the
“Improvement”), to provide such Improvement to the present Town water system to serve a
benefitted area in said Town to be known as Town of Ithaca 2025 Miscellaneous Water Main
Replacement Water Improvement Area (the “Water Improvement Area”); and
Whereas, the Improvement proposed in connection with the establishment of the Water
Improvement Area consists of the replacement of approximately 2600 linear feet of existing 8-
inch ductile iron water main at 3 locations, Winners Circle, Commonland, and Stone Quarry Rd,
along with the related appurtenances, as well as other ancillary and incidental improvements and
expenses in connection therewith, at a maximum estimated cost of $1,428,645.00; and
Whereas, said map, plan and report, including estimate of cost, were prepared by a competent
engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk
of said Town prior to the Town Board’s August 11, 2025 meeting, where the same were
available during regular office hours for examination by any person or persons interested in the
subject matter thereof; and
Whereas, the area of said Town determined to be benefited by said Improvement consists of the
entire area of said Town excepting therefrom the area contained within the Village of Cayuga
Heights, and the Water Improvement Area boundaries shall consist of the entire area of said
Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the
office of the Town Clerk, which map is available for inspection by any person or persons
interested in same during regular office hours at said office; and
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Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in
said Water Improvement Area by assessing, levying upon and collecting from the several lots
and parcels of land within such Water Improvement Area, outside of any villages, which the
Town Board shall determine and specify to be especially benefitted by the Improvement, an
amount sufficient to pay the cost and/or the principal and interest on serial bonds and bond
anticipation notes issued in anticipation of the issuance of serial bonds, as the same become due
and payable; and
Whereas, said maximum estimated cost shall be authorized to be financed by the expenditure of
current revenues and surplus funds from water rates and charges from said Water Improvement
Area and/or by the issuance by the Town of Ithaca of its serial bonds with a maximum maturity
not in excess of the forty-year period prescribed by the Local Finance Law; and
Whereas, on August 11, 2025, the Town Board of the Town of Ithaca duly adopted an Order
reciting the proposed Improvement, a description of the boundaries of the proposed benefited
area, the maximum amount proposed to be expended for the Improvement, the proposed method
of apportioning the costs of such Improvement, the proposed method of financing to be
employed, the fact that a map, plan and report describing the same are on file in the Town
Clerk's office for public inspection, and calling a public hearing upon said map, plan and report
and the question of providing the Improvement to serve the area to be known as the Town of
Ithaca 2025 Miscellaneous Water Main Replacement Water Improvement Area., such public
hearing to be held on August 25, 2025, at 4:30 o’clock P.M., Prevailing Time, at the Town Hall,
215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons
interested in the subject thereof could be heard concerning the same; and
Whereas, notice of said public hearing was duly posted and published as required by law; and
Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons
interested in the subject thereof, who appeared at such time and place, were heard concerning the
same; and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its
implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
approval, construction and implementation of the Improvement are a Type II action due to the
Improvement being a “replacement, rehabilitation or reconstruction of a structure or facility, in
kind, on the same site….”; and
Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve
the area to be known as the Town of Ithaca 2025 Miscellaneous Water Main Replacement Water
Improvement Area; therefore, be it
Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows:
Section 1. It is hereby determined that it is in the public interest to establish said Town of
Ithaca 2025 Miscellaneous Water Main Replacement Water Improvement Area and to authorize,
establish and make the Improvement hereinafter described, and such Town of Ithaca 2025
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Miscellaneous Water Main Replacement Water Improvement Area is hereby established and the
Improvement is authorized at a maximum estimated cost to said Water Improvement Area of
$1,428,645.00. Said Water Improvement Area boundaries shall consist of the entire area of said
Town outside of the Village of Cayuga Heights as more fully shown and described in the
aforesaid map, plan and report presently on file in the office of the Town Clerk. The area hereby
determined to be benefitted by said Improvement is the entire area of the Town outside the
Village of Cayuga Heights. All of the property within said Water Improvement Area is benefited
by the proposed Improvement, and all of the property benefited is included within said Water
Improvement Area.
Section 2. The proposed Improvement shall consist of the replacement of approximately
2600 linear feet of existing 8-inch ductile iron water main at 3 locations, Winners Circle,
Commonland, and Stone Quarry Rd, along with the related appurtenances, as well as other
ancillary and incidental improvements and expenses in connection therewith, at a maximum
estimated cost to said Water Improvement Area of $1,428,645.00. The proposed method of
apportioning the costs of the Improvement should not be changed. The method of financing of said
cost shall be by the expenditure of current revenues and surplus funds from water rates and
charges from said Water Improvement Area and/or by the issuance by the Town of Ithaca of its
serial bonds with a maximum maturity not in excess of the forty-year period prescribed by the
Local Finance Law.
Section 3. It is hereby determined that the estimated expense of the Improvement does not
exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of
said Town outside of any villages and, therefore, in accordance with the provisions of
subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall
not be required for such Improvement.
Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk
is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in
the office of the Clerk of the County of Tompkins, New York, within ten days of the date this
resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall
be presumptive evidence of the regularity of the proceedings and action taken by the Town
Board in relation to the Improvement.
Section 5. It is hereby further determined that all of the cost of the Improvement allocable to
the Town shall be borne by property within said Water Improvement Area constituting all of the
area of said Town outside of any villages, and therefore this resolution shall be subject to
permissive referendum.
Section 6. This resolution is adopted subject to permissive referendum in the manner
provided in Town Law Article 7 and Town Law Section 209-q.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
ROLL CALL:
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MEETING OF THE ITHACA TOWN BOARD
August 25, 2025
TB Resolution 2025 - : Authorizing the Town Supervisor to sign Municipal Coalition
Letter in Opposition to NYSDEC-proposed Ithaca Area Wastewater Treatment Facility
Permit Modifications, and in Support of State Investment in Water Quality Mitigations
Identified in the “Cayuga Lake Total Maximum Daily Load for Phosphorus.”
Whereas, the Ithaca Area Wastewater Treatment Facility (IAWWTF), located at the south end of
Cayuga Lake, is a 13.1 million gallons-per-day-capacity treatment plant owned and operated by
the City of Ithaca, the Town of Ithaca and the Town of Dryden; and,
Whereas, the Town of Ithaca is one of the three aforementioned owners; and,
Whereas, IAWWTF owners are currently engaged in the planning phase of a multi-year capital
improvement project (CIP), focusing on the modernization and replacement of aged and failing
infrastructure, with out-of-pocket costs divided among owners and passed through to non-owner-
users, via independently negotiated agreements based on usage; and,
Whereas, the New York State Department of Environmental Conservation (NYSDEC) is
proposing discharge permit modifications to include limits for ammonia and nitrite, which can be
harmful to aquatic life in high concentrations; and,
Whereas, the aforementioned modifications are being considered solely based on modeling and
have not been corroborated by ambient water quality and biological monitoring near the
IAWWTF discharge or elsewhere in the southern Cayuga Lake waterbody segment; and,
Whereas, the membrane bioreactor technology required to meet the proposed permit limit for
nitrite would add 100 million dollars to the cost of the original CIP, which would impose an
enormous, unsustainable, and unjustifiable financial burden on ratepayers in the stakeholder
municipalities for the indefinite future and would achieve limited, if any, environmental benefit;
now therefore be it
Resolved, that the Town Board of the Town of Ithaca, having reviewed the attached letter
authored on behalf of the six municipal signatories to the 2003 Intermunicipal Wastewater
Agreement, supports the positions and recommendations articulated therein, and authorizes the
Town Supervisor to sign in representation of this body.
Moved: Seconded:
Vote:
DRAFT
Intermunicipal Wastewater Agreement Partners
c/o Rod Howe, Supervisor
Town of Ithaca
215 North Tioga Street
Ithaca, NY 14850
DATE
Via US Mail, and Email as available
Carol Lamb-Lafay
Acting Deputy Commissioner
Water Resources
NYSDEC
625 Broadway, 4th Floor
Albany, NY 12233
Dear Acting Deputy Commissioner Lamb-Lafay,
We write collectively as the elected leadership of the six municipal signatories to the 2003
Intermunicipal Wastewater Agreement, who are either owners of, or wastewater
contributors to, the Ithaca Area Wastewater Treatment Facility (IAWWTF). Having been
authorized by our respective legislative bodies to do so, we hereunder state our strong
opposition to the SPDES permit modifications proposed by NYSDEC on the grounds that
the assumed violations they are designed to mitigate have not been proven to exist, as
required by the TMDL process outlined in NYSDEC technical guidance, and that the
unprecedented costs associated with compliance would be financially burdensome to our
ratepayers while yielding little to no environmental benefit. We encourage the Department
to focus the State’s limited resources on mitigating the proven phosphorus and sediment-
related impairments that it has known about for decades but that, nevertheless, continue
to persist.
Background
The Ithaca Area Wastewater Treatment Facility (IAWWTF) located at the south end of
Cayuga Lake is a 13.1 million gallons-per-day (MGD) capacity treatment plant owned and
operated by the City of Ithaca, the Town of Ithaca and the Town of Dryden. The facility also
receives sewer flow indirectly from the Village of Cayuga Heights, the Village of Lansing,
and the Town of Lansing.
DRAFT
IAWWTF owners are currently developing a long-term capital improvement project (CIP).
As originally envisioned, owners expected to retain conventional biological treatment,
while focusing on modernization and replacement of aged and failing infrastructure. The
preliminary estimate of costs related to capital improvements ranged from 60 and 100
million dollars, depending on the chosen design. Costs will be divided among owners,
based on predetermined share, with a portion offset by anticipated water quality
improvement grants. Some of the costs will eventually be proportionally passed through to
non-owner users via independently negotiated agreements.
Proposed Permit Modifications and Costs
Without any corroborative ambient water quality sampling, biological sampling, evaluation
of point and non-point sources, or scientific analysis of the assimilative capacity of the
receiving water, NYSDEC is now proposing to add SPDES permit limitations for ammonia
and nitrite, based on limited effluent data and devised using numerical standards that are
designed to ensure the “protection of aquatic life.” However, the membrane bioreactor
technology required to meet the proposed permit limits would add 100 million dollars to
the project cost, which would have an enormous, unsustainable, and unjustifiable impact
on ratepayers in the stakeholder municipalities for decades to come.
NYSDEC Technical Guidance Requires a Wholistic Pollution Control Approach
The technical guidance document cited by permit writers to underpin the Water Quality
Based Effluent Limitations (WQBEL) for nitrite and ammonia (“TOGS 1.3.1”) specifies that
WQBEL permit limits must be devised in conjunction with a TMDL process similar to the
one that was recently completed for phosphorous. By any plain reading, that process
must quantify the sources of ammonia and nitrite in the south segment of the lake (an
approximately 1.4 square-mile area south of McKinney’s Point) and determine the
segment’s ability to assimilate the substances proposed for limitation. Only then could an
alleged violation be confirmed or disproven, sources identified, and mitigation strategies
appropriately weighted. Pointing the finger at wastewater treatment plants, because it’s
easier than quantifying and mitigating diffuse sources, is not a regulatorily-compliant,
effective, nor equitable environmental management strategy.
The aforementioned TMDL for ammonia and nitrite has not been undertaken, nor
contemplated, by NYSDEC, and any attempt to further segment the lake for purposes of
circumventing or truncating the TMDL process clearly required by TOGS can only be
considered arbitrary and capricious. The Department’s own “Consolidated Assessment
and Listing Methodology,” published in 2023, provides guidance on waterbody
segmentation for regulatory purposes. It specifically states that “Some very large lakes,
like Lake Champlain and the Finger Lakes are segmented in multiple assessment units
based on classification.”
DRAFT
NYSDEC does not propose a change in “classification” in the waters surrounding the
mixing zone, it merely proposes a tiny new gerrymandered waterbody segment around the
zone in order to shoehorn its proposed modifications into existence without first
conducting the required wholistic analysis, or to create the illusion that the TMDL process
was followed. Likewise, the “reasonable potential analysis” referenced by NYSDEC in its
SPDES Permit Fact Sheet to indicate that statistical modeling to-date is possibly predictive
of a violation, is itself part of the TMDL process, not a substitute for one. In fact, TOGS
1.3.1 plainly states that “The TMDL process… provides the basis for a "reasonable
potential" analysis; that is, does the proposed discharge of a pollutant have the
reasonable potential to cause or contribute to an excursion of water quality standards. If
the answer is "yes", the TMDL process is then used to determine the WQBELs for all
sources of that pollutant to assure compliance with water quality standards.”
From a more general standpoint, NYSDEC specifically dismissed nitrogen (nitrate, the end-
product of nitrification) as a primary cause of impairment in Cayuga Lake as recently as
2024 in its TMDL for phosphorus, and did not make any recommendations regarding
ammonia or nitrite. Simply concluding that anything short of complete nitrification at a
wastewater treatment plant equals a water quality standards violation does not
demonstrate that an applicable narrative standards violation exists.
As mentioned, the proposed permit limits are being devised under the auspices of “the
protection of aquatic life.” However, there has been no corroborative biological
monitoring nor anecdotal evidence to suggest that organisms are under stress outside the
mixing zone (which, itself, has not been scientifically delineated). To the contrary,
available data indicates that annual inventories at the Cayuga Inlet fish ladder have not
decreased in population or size, and angler surveys show extremely high satisfaction with
fishing in the lake. In addition, synoptic dissolved oxygen sampling at four south-segment
locations collected over the past 15 years by Community Science Institute reveals that
levels in the south lake are quite high (approaching 9 mg/l) and consistent throughout the
segment, displaying no localized variation or decline at the point-source discharge
monitoring locations, generally indicating an overall healthy environment for aquatic life.
The assumptions underpinning the Department’s proposed modifications are particularly
troubling because they are purely theoretical and based on hypothetical variables such as
a dilution ratio that not only cannot be traced to its mathematical origins, but has likely not
been revisited since IAWWTF was rerated from 10 MGD to 13.1 MGD. Furthermore,
NYSDEC proposes to create a “waterbody segment” immediately surrounding the IAWWTF
mixing zone without first delineating the shape or boundaries of the zone through any
quantifiable scientific processes.
DRAFT
Past Research Supports Retaining Conventional Treatment Technology
IAWWTF owners commissioned a comprehensive study in the mid-80’s to determine
whether its then-redesigned discharge would result in harmful levels of ammonia outside
the mixing zone. The study, conducted by Environmental Scientist, Liz Moran, concluded
that, “The analysis demonstrates that even under ‘worst case’ conditions, the
concentrations of un-ionized ammonia in the south end of the lake will not create toxic
conditions for fish outside of an acceptable mixing zone. Therefore, the new lake outfall of
the upgraded and rebuilt Ithaca Area Wastewater Treatment Facility is not creating
unacceptable water quality conditions."
Subsequent to the study, the plant was rerated from 10 MGD to 13.1 MGD. It is not clear
whether the mixing zone being contemplated now was adjusted to account for the
increase in maximum allowable flow. However, with the exception of phosphorus which
has been greatly reduced, IAWWTF effluent parameters are similar to those that existed
during Ms. Moran’s study period. Therefore, it is reasonable to conclude that her general
findings are worth investigating today.
Conclusion
IAWWTF owners and users wholly support efforts to maintain and improve water quality in
Cayuga Lake. To that end, IAWWTF owners voluntarily invested in tertiary phosphorus
treatment in 2003, long before the TMDL for phosphorus was developed, and area
municipalities continue to collaborate to utilize vital wastewater infrastructure in an
efficient, regional approach. We urge the Department to avoid cost-prohibitive and
ineffective regulatory practices that would inadvertently disincentivize regional wastewater
management and encourage the proliferation of septic systems and sprawl development.
Municipalities and ratepayers encourage the efficient use of resources to advance the
goals of the TMDL for Phosphorus in Cayuga Lake, including the establishment of riparian
buffers, streambank stabilization, and greater investment in agricultural best management
practices. Given the enormous cost and relatively small (if any) benefit of the potential
permit modification, stakeholders will continue to advocate for the prioritization of solving
the problems that were quantified and published by NYSDEC following decades of
research, and oppose the diversion of finite assets to address issues that have either not
been identified, not been confirmed, or were dismissed outright as non-problematic during
the development of the phosphorus TMDL. Moreover, NYSDEC must be compelled to
abide by its own regulatory procedures, which were created to ensure implementation of,
and compliance with, state and federal environmental law.
NYSDEC must determine whether the IAWWTF discharge is causing or contributing to
water-quality standards violations related to ammonia and nitrite by following its own
DRAFT
TMDL process. Handing ratepayers a bill for 100 million dollars based solely on theoretical
modeling in the absence of field corroboration, while ignoring the problems NYSDEC took
20 years to quantify, is irresponsible and financially prejudicial, particularly to the many
disadvantaged and underserved communities reliant on IAWWTF.
We look forward to collaborating on thorough, sensible solutions that balance evidence-
based regulatory practices with real-world financial realities and implementation
constraints.
Respectfully,
_________________________Date:________
Robert Cantelmo, Mayor
City of Ithaca
_________________________ Date:________
Rod Howe, Supervisor
Town of Ithaca
_________________________ Date:________
Jason Leifer, Supervisor
Town of Dryden
_________________________ Date:________
Linda Woodard, Mayor
Village of Cayuga Heights
_________________________ Date:________
Ronny Hardaway, Mayor
Village of Lansing
_________________________ Date:________
Ruth Goff, Supervisor
Town of Lansing
Cc;
Amanda Lefton, Commissioner, NYSDEC
Anthony Luisi, Deputy Commissioner and General Counsel, NYSDEC
Dereth Glance, Director, NYSDEC Region 7
Monica Moss, Section Chief, North Section, NYSDEC
Thomas Vigneault, Water Resources Specialist, NYSDEC Region 7
The Honorable Anna Kelles, Assemblymember, 125th Assembly District
The Honorable Lea Web, New York State Senator, 52nd Senate District
The Honorable Kathy Hochul, Governor of New York State