(From a letter sent to the DEC)
Genesee County, the City of Batavia and Town of Batavia have submitted a joint letter to the DEC in regard to an application to the DEC to draw 715,600 gallons of water per day directly from the Genesee Well Field and Aquifer.
According to the joint letter, the aquifer directly feeds the Batavia Water Treatment Plant owned by Genesee County and operated by the City of Batavia and is a major source of drinking water. The Tonawanda Creek is also a source of drinking water; however, the quality of the creek water makes it a less desirable source and excess extraction of water from the aquifer will force the Batavia Water Treatment Plant to rely more heavily on the creek which will increase the cost of municipal water treatment and decrease sustainability.
The joint letter also says the amount requested, 715,600 gallons per day is 75 times more water usage than the current average of 9,513 gallons per day, this will burden the aquifer’s ability to supply the Batavia Water Treatment Plant.
Over the last decade, the low levels of source water have been historically low, and the pattern has not reversed itself. In June of 2021, and now in July of 2022, The County has issued notices to residents to voluntarily conserve water.
The joint letter says the City of Batavia Water Treatment plant provided nearly 50 % of the County’s water needs and without an adequate source supply, the residential, agricultural, commercial and industrial users face possible water shortages, not enough water for fire hydrants and a risk of hydrological issues.
If the County needed to bring in water from outside sources there would be an unknown hydrological mix that could severely impact residents that have lead and galvanized pipes and would lead to a serious social injustice for the most economically disadvantaged citizens.
The letter also says that Seneca Power Partners are not operating in a socially responsible manner, even though in the application the company touts their responsibility. In September of 2020, and December of 2021, a notice of termination of water service was served to Seneca Power Partners for failure to pay their water bills. According to the County, City and Town, the company is facing the foreclosure of their plant and pipeline due to their failure to pay real property taxes since 2017. As of June 15, 2022, Seneca Power owes the City of Batavia $1,528,402.32 in back taxes.
In bold type, the letter goes on to say, how can we trust a company who blatantly ignores its water and tax bills with the responsibility to draw water from a protected aquifer?
The letter closes with Seneca Power Partner’s failure to consider other sources of water, like O-AT-KA Milk Products, less than 100 yards away from the property line that discharges 1.0mm gallons per day of contact water to SPDES through its permit discharge. O-AT-KA is willing to entertain a discussion about rerouting a portion of water to Seneca Power Partners.
City Manager, Rachael J. Tabelski, County Manager, Matthew Landers, and Town Supervisor, Greg Post, each signed the letter sending it to the DEC objecting and opposing the permit application by Seneca Power Partners.
Public comment ends tomorrow.
__________________________________Previously__________________________________________________
Public Comment period ends July 7th
GENESEE COUNTY/Batavia/DEC Public comment period ends July 7, 202/Water withdrawal
Applicant:
Seneca Power Partners LP
163 Cedar St
Batavia, NY 14020
Facility:
Batavia Power Plant
163 Cedar St
Batavia, NY 14020
Application ID:
8-1802-00045/00026
Permit(s) Applied for:
Article 15 Title 15 Water Withdrawal Non-public
Project is Located:
Batavia, Genesee County
Project Description:
The Department has received an application from Seneca Power Partners LP and made a tentative determination to issue a new permit for the withdrawal of 715,600 gpd of water from a new Well D on the applicant’s property that is part of the larger wellfield source near Tonawanda Creek in the Town of Batavia in Genesee County as needed to withdraw water for boiler make-up and cooling water, keeping the City water as a potential backup source. The total volume of water withdrawn by both the City of Batavia and Batavia Power Plant should remain the same as before this new withdrawal since Well D withdraws water from the same aquifer as the City. The reason for this application is to reduce costs for both the power plant and City by decreasing water usage from the public system and the cost of water treatment by the City, respectively. As a tentative determination, the Department is seeking public comment on the application prior to making a final decision on permit issuance.
Availability of Application Documents:
Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)
It has been determined that the proposed action is not subject to CP-29.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Jul 07, 2022.
Contact:
Guillermo R Saar
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov