Politics
WARNING NOT HEEDED FROM US ATTORNEY;
By James Tricoli
Oct 8, 2003, 23:32

We have received 2 letters from US Attorney Michael Battle concerning our daily illegal dumping of 22 million gallons of waste water into the Erie Canal and Tonawanda Creek. This waste comes from our Waste Water Treatment Plant 16. It is illegal and unhealthy to dump this material in our water ways. The people most likely to get ill from playing or swimming in these waters are children.
It has recently been discovered that children with asthma are more likely to become ill from the chemicals and waste our Waste Water Treatment Plant 16 uses in the incorrect process to treat human waste and sludge they presently employ. Our plant is spending millions of dollars extra in purchasing chemicals and equipment to treat the waste they are treating in this manner. Our plant was sited for using too much Ferrious chloride.
The letters we received from Mr. Battle, dated May 2002 and December 2002, were brought to our Supervisor’s attention as well as that of our Engineering Department. Our Town Engineer has yet to do anything to correct the problem.

The letters follow:

U.S. Department of Justice

United States Attorney
Western District of New York

138 De/aware Avenue
Buffa/a, New York 14202
(716) 843-5700 (Ext. 829)
Fax: (716) 551-3052

May 8, 2002

Susan Grelick
Supervisor, Town of Amherst
5583 Main Street
Williamsville, New York 14221

Gerald Mikol, Regional Director
NYS Dept. of Environmental Conservation
270 Michigan Avenue
Buffalo, New York 14203

George Pavlou
Director, Div. of Enforcement & Compliance Assistance
US EPA, Region II
290 Broadway
New York, New York 10007

In Re: Town of Amherst Outflows to Tonawanda Creek
(Corrected Letter)

Dear Madam/Sirs:

Please be advised that the United States Environmental Protection Agency (Criminal Investigation Division) and the New York State Department of Environmental Conservation (Bureau of Environmental Conservation Investigations) has brought a matter of some serious concern to the attention of this office. While the matter is under "criminal" investigation, the consequences of the alleged violations clearly raise health and safety issues which we felt must be brought to your attention for immediate action.

Quite simply, it has been determined that the outflow from the Publicly Owned Treatment Works (POTW) operated by the Town of Amherst is frequently allowing discharges below a pH of 6. Not only is this contrary to the SPEDES permit issued by the State of New York (pursuant to authority granted to it by US EPA), but it also raises health issues since the discharge goes directly into a public waterway.

This matter is being brought to your attention to take such action as is appropriate in order to ensure that the public is well served. While the criminal investigation still is continuing, you may be assured that any steps taken to ensure the public safety will not cause any interference with the investigation.

Thank you for your attention to this matter.

Very truly yours,

MICHAEL A. BATTLE
United States Attorney

BY: MARTIN J. LITTLEFIELD
Assistant United States Attorney

ML/nd

Enc.

cc: Paul Bowers, Town Engineer Town of Amherst
455 Tonawanda Creek Road
Amherst, New York 14228

John McMahon, Regional Water Engineer
NYS Dept. of Environmental Conservation
270 Michigan Ave.
Buffalo, NY 14203

John Kushwara
Acting Chief, Water Compliance Branch
US EPA, Region II
290 Broadway
New York, New York 10007
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U.S. Department of Justice
United States Attorney
Western District of New York

/38 Delaware Avenue
BtifJalo, New York /4202
(7/6) 843-5700 (Ex/. 829)
Fax: (716) 55/-3052

December 4, 2002

Special Agent Douglas Knorr
U. S. Environmental Protection Agency
138 Delaware Avenue
Buffalo, New York 14202

NYS Dept. of Environmental Conservation
Attn: Investigator Daniel Sullivan
270 Michigan Avenue
Buffalo, New York 14203

In Re: Town of Amherst Outflows to Tonawanda Creek

Dear Agent Knorr and Investigator Sullivan:

Your attention is directed to my letter of May 8, 2002, addressed to Town of Amherst and NYSDEC officials. This is to confirm that you (the United States Environmental Protection Agency - Criminal Investigation Division and the New York State Department of Environmental Conservation - Bureau of Environmental Conservation Investigations) have updated me on the course of the investigation.

While I believe, there is sufficient evidence to warrant further Grand Jury inquiry and possible action, I have declined this matter, at this time, for criminal prosecution because DEC has advised that they will be aggressively seeking civil/administrative action against the POTW for past transgressions and to ensure the activity has permanently terminated.

Thank you for your attention to this matter.

Very truly yours,

MICHAEL A. BATTLE
United States Attorney

BY:

MARTIN J. LITTLEFIELD
Assistant United States Attorney

ML/nd



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