Proposed Sewer Treatment Plant Causes Stir in LV

On Meleny Road, a residential road located in a Locust Valley community known as the Birches, Nassau County in agreement with the Town of Oyster Bay, is working on a plan to build a sewer treatment plant a mere 15 feet away from someone’s house. The sewer treatment plant is considered the solution to the excess effluent discharge that has caused the pollution of the Mill Neck Creek and resulted in the county being fined by New York State Department of Environmental Conservation ( NYSDEC).
Some homes within the Birches, particularly those on Allen Drive and Michael F Street, have problems with their cesspools and flooding. Nassau County Legislator Diane Yatauro (18th District) Points out that the problem is so bad that, “ there are people that have not only replaced their cesspools, but have had to ass additional cesspools. One home in particular has four cesspools.” She further explained, “Many homeowners do not use their dishwashers or their washing machines because their cesspool fills up so fast.”
The cost of filling up the cesspools and connecting a house’s pluming to the facility’s pipes will be at the expense of the homeowner, which will on average cost about 12,000. Each homeowner will be required to switch over to the sewer system by a specific deadline or they will be subjected to a fine.
However, not every home has problems with their cesspool. Under the proposed plan, about 60 homes will be obligated to fill up their existing cesspools, at their own expense, and hook up to the sewer system. Those homeowners who are not having problems are outraged. Resident Kathy Carney Protests that, “I have not had any problems with my cesspool and yet I will be forced to pay to have my cesspool filled up and join a system I didn’t need to begin with. That’s not right.” Town Councilwoman Elizabeth Faughnan explained, “Once a sewer district created, it will be mandatory for all of the residents to hook up to it.” However, the town would waive the hook up fees. In addition, Yatauro and the country understands the financial strain that the cost will inflict on the resident, it is a big concerns for us right now.” She said. “The county is looking into what can be doe to defer some of the costs. Since the project will be done under one umbrella, we are looking to see who we can work with to help us defray the expense.”
The $6 million inter-municipal project, which split the cost of the construction of the plant between Nassau County and the Town of Oyster Bay, Will all include the re-pavement of the roads within the Birches community. The NYDEC has also agreed to contribute a grant of 522,500 towards the proposal.
The plot of land being looked at on Meleny Road already contains underground chlorination tank that was built in 1983. In 1999, the NYSDEC found that the discharge form the disinfectant tank continually exceeded the limitations fort the pollutants that the State Pollution Discharge Elimination System (SPDES) permit place on the discharge. The original tank continues to operate and still pours pollutants beyond that of the limitations into the Creek.
Yatauro, who is running for re-election on November 6th, admits there are a few homes that do not have a cesspool problem. She claims that their excess discharge is also running into Mill Neck Creek. “There is a pollution issue and that’s what the NYSDEC is fining the town and the county for. The Village of Bayville does a water test annually because of the growing concern of the pollution problem, so everyone needs to be part of the infiltration system other wise we are not going to change the health of the Creek at all.” Yatauro suggest a different perception.” Os we just forgot about all the constituents needs and look at it form an environmental aspect, in this day and age there should not be the level of coliform and other things that are in the pond,” she said.
As a joint project, Nassau County and the Town of Oyster Bay introduced the idea of building a membrane bioreactor (MBT) sewage treatment plant to the residence of the Birches at the meeting held on August 27th. At the meeting, it was explained that MBR technology was chosen for its small footprint, its effectiveness at removing pathogens and nitrogen, and the small amount of residual sludge produced. It was also explained to the residents that the site between 22 and 24 Meleny Road was considered the optimal site for the MBR facility because of its proximity to the wetlands, the slope of the land and its existing outfall pipe. Yatauro admits that the Meleny Road plot is that only location that “will work for $6 million without having to escalate further.”
With the notion of the sewer treatment plant being built a few feet away from their homes, the homeowners on Meleny Road were filled with questions and concerns. First was the question of location. The home of Dr. Alan Nelson, who lives at 22 Meleny Road, is just 15 feet away from proposed building. Nick Cavagnaro’s house, 24 Meleny Road, is 22 feet a way from the proposed building they questioned if is was safe to build any type of sewer treatment plan so close to a residential community. To appease the residents the county supplied those interested with a list of MBR facilities and the contact information to arrange site visits. Cavagnaro spoke of how they went to view some of the sites and that none of the locations listed where remotely close to the proximity of houses. In fact, that closest plant was a full commercial size parking lot away from a house for seniors. It did not compare to the 5 yard away from Dr. Nelsons dining room window.
“We want to be sure that the people who are going to live closest to the facility will be comfortable with what is going on. We want them to help us design the building. They can pick whether it is a brick building of a house with shingles. They can tell us what type of trees they want in the lot.” Assured Yatauro.
“The issue is more than esthetic,” expressed Susanne Seperson, who lives across the street from the proposed lot. “It is not about the esthetics. I am sure they will make it look as pleasing as possible. It is really about the health and safety. Would you want your children to play around a sewage plant?” continuing about the health and safety issues she said, “everything I have read says that there is a long-term health risk. You know that if people can blame breast cancer on the quality of water. Nevertheless, there is a correlation. The health concerns are genuine concerns, not fantasy, and nobody wants to address it because it is not immediate.”
In response to the heath and safety concerns, Yatauro said, “This is similar to what a cell tower is. If you believe or you read that there is a health risk associated with cell towers then there is no way that anyone can convince you that there isn’t. We have done our homework and we have identified that there is not a health risk issue for this plant in any way. It is going to smell better there. There will not be waste in the area. It’s going to change their lives considerably”
However when the same concern was shared with faughman, who is running against Yatauro for the seat in the country legislature, she said, “I understand their concern. But federal lay does not allow for local governments to look at health risks so I don’t really know.” Faughnan went on to say,” No matter what, having a treatment plant is much better than the raw sewage that is out in the Creek now.”
Would you want to live next door to a sewer treatment plant? “No, I wouldn’t, “Confined Faughman. The Meleny Road residents suggested other locations for the plant, one on the elbow of Michael F Street, the other on Bayville Road by the Tides Motel. However, they were told that no other location was a feasible option.
The property close to the Tides Motel has already been accepted as State Protected Wetlands. In order to overturn that categorization it would require two consecutive state legislatures to pass a bill that would declassify the land.
As for that land suggested ton Michael F Street that county answered that, “there is no guarantee from that NYSDEC as to whether that County would receive permits to proceed.” Also that, “Our preliminary layouts indicate that the treatment building will be between 30 and 40 feet from adjacent property lines. This clearance assumes that a variance is received from that NYSDEC on the offset from a regulated wetland. If offsets are not approved building on this lot would not be feasible.”
The Meleny Road plot is 15 feet away from a property line, yet the town, the county and the NYDEC seem determined to build the sewer treatment plan there. Town consultants Hal Mayer and John Elswork explained that, “because of the pre-existing chlorination tank, the treatment plant is being looked at as an upgrade process as compared to starting a project from zero.” Many of the regulations and permits can bypassed as a result.
To the residents living on Meleny Road the implementation of the sewer treatment plant seems more like major construction than the mere expansion of the existing chlorination tank. The initial plan for the existing chlorination tank was to handle the excess water of 23 homes. The MBR- facility will take care of the solid waste, effluent discharge and wastewater of up to 60 homes. In addition, the residents will have to deal with a truck interrupting their quiet community once a mother to remove sludge builds up from the plant.
Property value is another major concern for those involved. That homeowners worry that the value of their homes will plummet if a sewer treatment plant is built too close. Yatauro blames those residents that brought the issue of the facility to the media for any recent property value decline. She has spoke with several real estate agents and it is their opinion that, “No one wants to touch those houses. No one wants to have a problem with the septic system. “ Yatauro claims that by “identifying that there is a way for you to live normally it will actually help that property values.” She acknowledges that the five homeowners who adamantly object to the plant would disagree vehemently. “The market is soft, these people have beautiful homes and they will have new roads, they will have the curb cuts the way they want them. I think that living on the water and not having a it smell will be very advantageous to those who live there now.” There is not denial that there is an issue with the pollution of Mill Neck Creek as well as some homes’ cesspool systems. Nevertheless, for the residents of Meleny Road who are subject to living in close proximity to the sewer treatment plant their main concern is that the County and Town of Oyster Bay remember to consider that homeowners’ health and safety first
-Faith RAckoff
reprinted from the 11/2/07 issue of the Oyster Bay Guardian