HomeMy WebLinkAboutDHS LettersCOUNTY OF SUFFOLK
ST~VE LEVY
SUFFOLK COUNTY EXEcu'rlVE
DEPARTMENT OF HEALTH SERVICES
December 10, 2009
Honorable Scott Russell
Town of Southold
54375 Route 25 - PO Box 1179
Southold, NY 11971-0959
Re: Southold Drinking Water Supply and Orient Water Main Extension
RECEIVED
. i 5
~outhold Town Cleek
Dear Supervisor Russell:
I am writing in response to your November 18, 2009 letter to me, regarding my October 27, 2009 letter to
Chief Executive Officer Stephen Jones of the Suffolk County Water Authority (SCWA). Your letter
expressed an intent to clarify Southold's goals of protecting the healtll and welfare of the citizens of Southold
Town by instituting an orderly process of planning for the extension of public water to areas of lfighest
priority need, i.e., "the water map," last amended by the Town in 2007. You also noted that our summary of
Hie August 19, 2009 meeting implied that Town Board members agreed to amend the water map to extend
public water to Orient.
We commend the Town and Hie Suffolk County Water Authority on the progress it has made over Hie past
decade in extending public water to areas of }figh priority need. However, the latest map, adopted by the
Town and SCWA in 2007, was never approved or consented to by the Suffolk County Department of Health
Services (SCDHS) as was the original map in 2000. The new map has several significant deficiencies, as
outlined in my May 15, 2009 letter to you noting 11 areas of lffgh priority need for public water extension, as
well as in my September 30, 2009 summary of the August 19, 2009 meeting (reiterating the need to serve all
areas of need outlined in the May 15, 2009 correspondence).
In tiffs context, we must clarify your observation that the SCDHS has offered, as the primary reason for not
endorsing the 2007 map, die distinction between water mains and water transmission lines on the water map.
As discussed in detail at the August 19, 2009 meeting, and memorialized in our September 30, 2009 meeting
summary, the existence of the term "transmission main" (wlficb precludes connection of vacant parcels with
ready access to that main) negates the possibility of SCDHS approval of the map. Restated, even if all other
SCDHS priority recommendations were incorporated onto the map, SCDHS still could not formally
approve the map. Tiffs is because the concept of the untappable uansmission main in Southold Townslfip
violates both the spirit and die letter of the Suffolk County Sanitary Code.
360 YAImAI~ AV~U~
YAI~L~{~ NY 11980
(631] 85:{-5800 ~ FAX lf681] 852-5825
Honorable Scott Russell
Town of Souti~old
December 10, 2009
Page Two
Notwithstanding the transmission main issue, SCDHS bas expressed a willingness to work with the Town to
facilitate our mutual goals. In fids context, fl~e Orient water main extension (among ofl~er possible
extensions) was, indeed, discussed at the August 19, 2009 meeting. My staff at fl~e meeting clearly recall a
brief discussion of the Orient water main extension. The Soufl~old Town Board members who were present
did not express an objection to such an extension, and agreed that it could be considered by Souflxold Town.
I apologize if fl~e verbiage in my September 20, 2009 letter ("Town indicated its willingness to accommodate
... (extension of public water to) Browns Hills in Orient") was too affirmative. My intent was not to imply fl~at
fl~e Town Board had in any way formally approved the proposed action.
If you have not already done so, please consider my May 15, 2009 letter to you to be a formal SCDHS
recommendation to the Town to amend its map. I hope fl~at tiffs information is helpful. Please do not
hesitate to contact me at 852-5800.
Ve~ruly yours,
Vito Minei, PE, Director
Division of Environmental Quality
VM.kn
Enclosure.
C: A1 Krupski - Town of Soufl~old
Thomas Wicld~am - Town of Soufl~old
Elizabefl~ A Neville, Town Clerk
Martin D. Finnegan, Town Attorney
Linda Mermelstein, MD, MPH, Acting Commissioner - SCDHS
Matfl~ewJ. Miner, Deputy Commissioner - SCDHS
Walter Dawydiak, PE, Ctfief Engineer - SCDHS
Douglas Feldman, PE, Chief, Office of Water Resources - SCDHS
Martin Trent, Ctfief, Office of Ecology - SCDHS
COUNTY OF SUFFOLK
October 27, 2009
Mr. ,~epllen M. Jones, Chid' F~ecutive OIFleer
Suffolk Coumy Water Authority
4060 Sum~sc H~m-e/- P.O. Box 37
Oakdale, New York 11769.0901
Dear Mr, Jones:
I mn wtiliv4~ ia response to your e-mall to me, dated October 22, 2009, l~el~dtng the Suffolk Times m~icle of
the same date. In your e-mall, you request tim lira Suffolk County Department of Health Services (SCDH8)
reafl'u~n its pceilinn concerning the East Marion/Orient waW. r main exlemion. In summat%.end aa
documented in numexous prior corr~pondanco, dm $CDHS continues to ~ully support ~lle East Marion/
Orient water main exten~on. It is, by far, file or~ vlab[~ meam to emure a safe and effer~ve lon~erm
water supply to one of the hi, best priority areas of need in Suffolk County.
We were not a lmrty to the discussiom or interviews which are reflec~d in Ibc sul~ect article, so we ~re
unable to comment specifically on the accuracy of slni~tents In the aflide itself. However, we can state flint
we would be ~lmsrined if thc Town were not in full support of a cos~ffecfive solution to the arca's long-
standing water supply problems, wiJich compdso a s~uificant potential threat to the l~ealdt of County
residenls.
Tile article atlributes a statement to Supervisor Scott Russell, which indicates tlmt Orient is not desisuated on
the town's official ~at~r so,rico map as an appropriate m~ea for new public water service. Thin slatemott is
especially proMematie to die SCDH~. Due to the preaence of well-documented water quality problems in
the area, Orient was slated as a lon~term priority for public wnter service on file orisinal wat~ supply
priorities nmp drawn in ~000. Unfortunately, Orient was apparently removed fi'mn thc 2207 version of thc
nmp, withunt any coordination with the 8CDHS. 'File SCDHS Ires ncver endorscd die me of the (2007
nmp, and continues to object to tile use of tile map as it presently stands.
At tim meeting In August 2009 n~ended by representatives of file 3uffolk County Deparfmcnt of Health
Services ~qCDH$), Suffolk County Water Authority (~c~rA) and fue Town, 8uper~sor Russell and town
council members, Al Krul~ki and Tom Widdmm, indicated a willingness to amend the town water Supldy
priorities map to include extending public water service to Orient. This p. ecessllry aulendmcnt was rcilx~al~d
in die SCDH$ correspondence of ~ptembcr 80, ~009 to die 8upetvlsur. Tile SCDHS firmly believes that
extcnding a reliable, potable wn~er supply to alt m~a wfth impacted wells such as Orient is an entirely
appropriate way to spend fcderal stimulus funds on a ueeded public works project,
Mr. Stephen M. Jones, Ctdef Executive Officer
Suffolk County Water Authority
October 27, 2009
Page Two
Notwithstsnding our ol~ct~ons to fine 2007 version ~ tile map, die SCDHS indicated a willingness to work
widt die Town to refine thc map as an appropriate local planning tool. SCDHS continues to emphasize dm*
zoning and land me planning are issues wi~ich are squarely and solely in tine jori~dicfion of die Town. Clean,
safe w~er supply to Suffolk residents cannot be held ho~ta~ to die flawed notion that it may sorneliow
induce undesirable 8row*h.
The article er~oncomly sngg~ts flint small, individual, in-home trentment ~ystems are an effective alternative
te conv~ional community wamr supply. Tids posMon i~ completely unsuppomble, and contravenes long-
standing SCDI*IS policy. Small, in-home treatment systems may be permissible when dw~re is atmolutely no
a!~ativc, but they are isiS,*or to couvenlional water supply in dmt they require significant operation and
maintenance, and are a considerably higher risk for upsets and faiiures. Morenver, they arc typically
engineered to treat for the typ~ and concentration of contamination whlcl, exists at die time of installation
(nitrates, in the case of Browns Hits). In Orient, nnmerom od,er contaminants, such as pcsfickles and
herbicides, arc important issues.
We note fl,atJolm Henry of tbe Snflblk ~F~me~ contacted Douglas Feldman, P.E., Clficf of the Office of
Water Resources o~ October 8, 2009, ,~sarding the East Marion/Qrient water main cxtemin~ project.
However, it appear~ that none of the pertinent information supporting die need for fl*is prq~ect mpplicd by
Mr. Feldinan during this interview made it to print. 1Vh'. Feldman informed Mr. Henry that die SCDHS fully
supports tie extension of public water to O~en~, as well as to oilier areas in die town in need of public water.
'Mr. Feldman also explained dm based upon this department's l~torical regional groundwater monitoring
and drinking water wall ~ampling data, several private wells in Otlent have been identified as impacted with
ele.vated concetffratiom of nitrates fi~m fertilizers and agrienlmral re 'lated n~ticid~-q- inclndi-~
· ~licarb, tiao*hal, m~d metoiach{m. Mr. Feldman also brtc~ disenSSed th~ poten~]ly adv~e l'~'~th e"~'~ffects
of Some of Ilmse cohtaminants, as wall as tire department's requirements for the extension and connection to
a public water public supply.
I hope diis information is hell)i'ui. Please don't hesitate to contact me at 85~.5800 if you have any quest*nm
or comments.
Sincerely,
Vito Mine*, P.E., Dh~ctor
Division of Environmental Quality
C: Scott Russell, Supervisor - Town of Sou*boM
hi Krupski - Town of Soufliold
'tltomas Wlcldmm -- Town of Soudiold
Mattiiew Miner, Deputy Commissioner. SCI)tIS
Walter Dawydlak, PE, Cider E~flneer. SCDHS
Martin Trent, Clsief, Oflice of EcoloM - SCDHS
Doualas Feldman, PE, Ch*of, OW~ce of Wa*or Resources- SCDHS
COUNTY OF SUFFOLK
ST~V~ L~
September 30, 2009
L~OA
Honorable Scot1 A. Russell
Town of Southold
54375 Route 25
P.O. Box 1179
Southold, NY 11971-0959
Dear Supervisor Russell:
I wanted to take tiffs opportunity to thank you, members of the Southold Town Board, and your staff for
meeting with thc Suffolk County Water Authority (SCWA) and Walter Dawydiak, Douglas Fcldman and
Martin Trent from the Division of Environmental Quality on August 19'. Unfortunately, I was called away at
thc last minute by pressing county business in Hauppange and was unable to a~tend. My staff advised me that
it was an informative and productive meeting.
Based on thc meeting, I understand tuft Southold Town would consider amending the Southold Water
Supply Plan map as new data and information is obtained. The Town's amendment of the map to facilitate a
water main extension to Aldrich Lane, Laurel, whidx was requested by the SCWA and supported by our
private well water quality data, is a.prime example. Tbe Town also indicated its willingness to acconunodate
the intcrconncction of the SCWA satellite system serving Browns Hills in Orient to thc SC'WA water mains
now cnding in East Marion. It appears flint the recent denial of a map cbaogc requested by a Soundvicw
Avenue, Mattituck resident may be rcconsidcred based upon fl~c information in our correspondence of May
15, 2009 to you.
It was agreed ,tl~at better communication between our offices would be helpful when considering dmngcs to
thc map. If thc coordination mechanism is not already in place, wc would ask that all notices of WaWx
Supply Plan map changes bc forwarded to our Suffolk County Department of Health Services (SCDHS)
Office of Water Resources (Douglas Feldman, PE, Chief) at 360 Yaphank Avenue, Yaphank, NY 11980.
Thc "transmission main~ concept was again discmsed. This concept remains an impediment to formal
SCDHS acceptance of the map, as it is, in some cases, potentially inconsistent with Suffolk County Sanitary
Code requirements. Notwithstanding fids issue, we understand the value-of the map as a planning and
management tool, and we will continue to conslructively work with you to maximize the utility of fl~
imtrument. We appreciate Southold Town's desire to plan for orderly development and preservation of '
open space and farmland. Hopefully, our mutual goals can be facilitated by a continuing dialogue and a
discussion of alternatives. Ideally, fids would lead to recognition on fl~e map of the need to serve all areas of
need outlined in our earlier correspondence.
Honorable Scott A Russell
Town of Southold
September 30, 2009
Page Two
It was suggested that one possible way to accomplish tl~e town's goals could be to utilize State Environmental
Quality Review Act (SEQRA) coordinated ~view for proposed subdivisions and commercial projects along
water mains. By designating these projects a~ Type I actions, there would be sufficient opportunity for an
environmental review and coordination regarding file adequacy of water supply and other issues.
I hope tliat this information is helpful, and thank you a~in for your time. Please don't hesitate to contact me
at 852.5800 if you lmvc any questions or comments.
Sincerely,
Vito Mind, PE, Director
Division of Environmental Quality
VMAn
cc: Linda Mermdstein, MD, MPH - Acting Commissioner
MatthewJ. Miner, Deputy Commissioner
Steve Jones SCWA
Walter Dawydiak, P.E., Chief Engineer - Div of Environmental Quality
Martin Trent, Clfief- Office of Ecolosy
Douglas Feldman, P.E., Chief - Office of Water Resources
COUNTY OF SUFFOLK
May 15, 2009
Supervisor Scott A. Russell
Town of S0uthold
54375 Route 25
P.O. Box 1179
Sonthold, NY 11971-0959
Dear Supexvisor Russell:
~A¥2 1 2O09
W~ ~m~c~
In our meeting l~t fall regarding water supply issues with mprcscmallves of flu town and Suffolk County
Water Authority (SCWA), several issues were raised, includlng water supply to existing and future
development within dM town and thc usc of ~he 'Southold Wamr Supply Plan Map." We commend tire
~ and the SCWA on their effom to plan orderly development and to provide for the extension of the
public water sysmm to areas in need. Since the map was first developed in 2000, public wa~cr Ires been
extended to serve areas of cxisfing and new d~velopment throughout thc town.
It has long been the Suffolk County Dep~h~nt of Health Services' (SCDHS) policy tim all residents of
Suffolk County deserve a safe and potable w~t supply and that the best method of ensuring this is through
connection to a public warn' supply. As an irdfial slrp in a~injng this 8~1 for Southold, thc SCDHS concurs
with the town and $CWA recommenda6ons to exl~md public water to exisling areas of contaminated private
wells and to propedlcs flint do not meet the density requirements stipulated in Article 6 of the Suffolk
County SanitmyCode.
Cont~nination of tim groundwater with agricultural cbemicals and the shallow aquifer underlain b? salt water
has ~ ~ development of public water in Southold Town, Our understanding of the original purpose
of cre~ng tbc Sonthold Wal~r Supply Plan Map nine years a~o was to allocate a scarce resource to specifw
areas that were in immediate need of a potable wa~r, but not to preclude other areas from eventually being
served with public water. ·
Since 2000, the SC%VA has actively sought new sources of water and developed advanced water treatment
methods to address the lack of supply. As a result of these efforts, this department believes that thc quantity
of available water should not bea limiting.factorinpmviding publicwater to-Sonthold residents.. Therefore, -
we do not presumptively concur with the desisnation of certain public waist supply mains as "transmission
mains,' rendering them unavailable to new residents and comtruction project~ We believe that the tx~vnship
has sufl'~ent tools at their disposal to properly resulate 8rowth and development. Denying access to public
water to anF resident is contrary to good public beaith policy.
Supervisor Scott A. Russell
Town of Southold
May 15, 2009
Page Two
The department would be happy m meet with town and SCWA representatives to continue a dialogue
regarding the adequacy of supply and provide the opportunity for the $CWA to discuss any options for
serving the north fork they are exploring. We understand flint these options have included the inst~lladon of
new wells near Hallockville or other areas in the vicinity of the Riverhead Water Dislrict, by directional
drilling and main in~llafion beneath Peconic Bay from Flanders, providing additional pumping and storage
t~nk facilities, etc. These dements are expected to be an important part of the Comprehensive Water.
Resources Managemem Plan to be completed later this year.
Our specific recommendations regarding the $outhold Water Supply Plan and Map are outlined in the
~chments to this correzpondence. Please feel free to contact me at 852.5800.
Sincerely,
Vito Minei, P.E., Director
Division of Environmental Quality
VM.kn
Enclosure.
cc:Steve Jones, Clfief Executive Officer - SCWA
Hmuayun J..Chaudluy, D.O., M.S. - Commissioner
MaohewJ. Miner, Deputy Commissioner
Walter Dawydlak, PE, Chief Engineer
Martin Trent, Chief, Office of Ecolo~
' Douglas Feldman, P.E, Chief, Office of Water Resources
$CDH$
4.5.2009
SOUTHOLD WATer SUPPLY PLAN MAP
SCDH$ Specific Comment~
Potont/~d Wot~r ~m~_ !v O_~.~..v _ Tbe SCWA should develop and submit a brief narrative tim
discusses all the potential options tbey are exploring for developing new water sources for the north
fork.
~ - The $CDHS recommends timt the $CWA and Soutlmld Town provide a specific plan
on the map. time frame for the installation of water mains associated with specific areas identified
A~ilaldlltv of Public Wator to V~.~..-_t/cr-z:_'~?---~,_~_ ~'~-~-~., . Public wat~ si~ould be accessible and
available to vacant or developed properties that can potentially be subdivided hto lots w/d~ areas less
than 40,000 sq.fC in compliance with the densit~ requ/rements of Art/de 6 of the Suffolk Count,/
San/~,y Code and in accordance with town zoning. Pmv/ousiy subdivided, undeveloped parcels with
densities equivalent to or less ~ one dwelling unit per acre should be designM,~d to be served with a
public water supply system.
Water mains shouid be extended along the portion of AIdrick lame that extmds
· emkfrem ,~mmdAven~e ~md b~rcem~octs ~ ~e w~ter mai~ th~ ~ on
Mm~ Reed. Private we]Is in ~hl, area d~wed the presence of Niwatc~ that exceed
&inking water ~tandard,. In addition, compounds, including Aldicarb, Ahchlor,
Meraloclflor, and Percldorate were aho found.
As shown on the latest ~map,'* we support the proposal to extend water mains along
D~clt PondReeds, ~ Piece, and portions olDe/Mt/,mv~ In addition, we
recommend that mains be installed along Omfan J~eed, between M///Lane and
Dtpot Ro~d, and, ~'posstbl~, wlang Di~nan '~ Road: Additionally, mains should be
extended along Route 48, belwee~ Alvah's Lane and Horseshoe Drive, and along the
· ou~rn po~on of,~lbak,s l,~n~, tapped from Route ~5. The Department also
recommends that properties along Br/d~ Latw have access to public water. Sampling
in these areas revealed detections of variom outammants mcludms elevated Niirates,
Aldicarb, Melalochlor, Mi~axyl, Dinoseb, DactJ~l metabolites, and Imidacloprid. It
should be noted that.in some of these areas the concenlrafiom of Nitrates and Aldicarb
exceed New York State Department of Health (NYSDOH) drinking water standards.
The water maim proposed along Rttch Lane and ~ Arrests, should be
extended along Colony Rotul. Our records indicate that elevated levels of MTBE were
detected in drinking water wells in this area.
We support the Town's proposal to extend pubic water to properties tlmt exist within
the vicinity of ~ ami Rocky Paint Roads, ~nd to lots along .4quav/~w Dr/vt.
However, we would also like to recommend that a main be imtalhd on Southern B/vd.
between Calar Dr/~ and Roelw Point RomL
. On~n¢ (Ar~ #
We recommend that public water mains be extended along Main Road to service most
areas of Orient, and Orient Point. In particular, w~ler mains should be installed in the
areas of ~ings ~ ~ Lan~, Oreluml Strut, Oysttr l~and Lan~, Na~ Stro~t,
OM Farm and Douglas Harbor Roads, Willow-Tsrac~ L4m~, Mq]or Pond Road,
and Natron, R/v~r ~ Sampling of numerous drinking water wells in these areas
has revealed significant detections of numerous contaminants, including Alachlor,
Aldicarb, Dacthal metabolites, Nitrates, and MTBE.
Public water should also be provided to existing lots located north of Main Road and
bounded between R~l~r Farm Larw, Pari~ VimvLan# and Tkrw Wat~r~ Lane,
primarily because existing lots in fids vicinity are approxirn~ly one l~alf acre in size
and, as such, exceed the density requirements of A~dch 6. In addition, some drinking
water wells were found to contain Aiacldor and Metolacldor. Properties located
between Gr~nw~ Dr/v~ W~st and Onnmm0, Dr/vt East shonld also be served with
public water, as most of these parcels do not meet rite density requirements of Ankle
6.
Thc historical collection and analysis of samples obtained from the non-community
water supply system serving thc Cross Sound F~ry have consistently revealed a variety
of compounds, including Atrazine, $imazine, DEI~ and Tebuthinmn. As a result, we
believe this estabiislunont shouid also be served by a community public water'system..