Hudson Valley On The Water: Save The Sound Beats City Hall

HUDSON VALLEY, NY — An environmental watchdog fought City Hall and won big time — the result might someday mean a cleaner, less polluted Long Island Sound.

Save the Sound announced this week that the motion to dismiss brought by four towns that comprise the New Rochelle Sewer District in Save the Sound’s Clean Water Act enforcement case was denied by a judge. The case was brought by Save the Sound and Atlantic Clam Farms of Connecticut to address chronic sewage overflow discharges to the Long Island Sound due to what the group contends are inadequately maintained sewage collection systems.

On September 14, Judge Cathy Seibel, United States District Judge for the Southern District of New York, denied the towns’ motion to dismiss in its entirety and ruled the case can go forward on all of Save the Sound’s claims. The municipalities named in the lawsuit include New Rochelle, Pelham Manor, The Town of Mamaroneck and Larchmont.

“We are gratified that the court agreed with what we have been saying for over six years now: poorly maintained sewage collection systems that result in discharge of raw and partially treated sewage to local waters and Long Island Sound violate the Clean Water Act—period," said Save the Sound President Curt Johnson. "We’re glad that successful negotiations have proceeded with Westchester County and other municipalities, and are hopeful that we can return to resolving the pollution issues with the four towns of the New Rochelle Sewer District through discussion and collaboration rather than litigation, though we are of course prepared to continue to litigate if necessary.”

In 2015, Save the Sound, along with Atlantic Clam Farms, brought suit against the County of Westchester and 11 municipalities in the Long Island Sound watershed. Save the Sound claimed that the towns had failed to adequately maintain their aging sewage systems and, as a result, millions of gallons of untreated and partially treated sewage were being discharged to, and polluting, Long Island Sound and its tributaries in violation of the Clean Water Act.

The untreated and partially treated sewage discharges threaten public health and aquatic life, leading to beach closures and the decade-long shellfish closure on the Westchester coastline, according to Save the Sound.

Rather than face litigation, five municipalities have committed to studying and repairing more than 149 linear miles of sewer lines and instituting capital and management plans for improved future maintenance.

Settlements were reached with Port Chester, the Village of Mamaroneck, White Plains, Rye Brook, and Rye. Settlement discussions are ongoing with the County of Westchester and the towns of Harrison and Scarsdale, according to the environmental group.

In 2020, however, the four municipalities that are part of the New Rochelle Sewer District pulled out of discussions and filed a motion to dismiss the case. The towns asked the judge to rule that Save the Sound could not enforce the Clean Water Act as it relates to pollution coming from their sewer systems.

“Judge Seibel’s decision establishes that towns have an absolute obligation to address sewage pollution that reaches rivers and the Sound’s coastal waters from aging and under-maintained sewage collection systems," Save the Sound Senior Legal Counsel Roger Reynolds said. "Recent storms like Elsa, Henri, and Ida demonstrate that storms are only getting worse and towns that do not take pro-active steps to maintain their sewage collection systems are increasingly endangering the health of the public and the environment.