Orleans County Legislature says it’s acting on ‘duty’ to protect Oak Orchard, local tributaries

Legislature leader says Genesee trying to ‘steamroll’ Orleans in accepting STAMP sewer

Press Release, Orleans County Legislature

ALBION – Last night, the Orleans County Legislature voted unanimously for a resolution to preserve the Oak Orchard River and local tributaries in Orleans County.  The Legislature continues to push back against Genesee County’s Science & Technology Advanced Manufacturing Park’s (STAMP) plan to discharge to six million gallons of wastewater a day from STAMP into Oak Orchard River by way of the Town of Shelby.

“Tonight’s resolution and the lawsuit we filed last week to prevent this wastewater discharge are not actions we take lightly, as we have a long record of partnering with our friends in Genesee County,” said Lynne Johnson, Chairman of the Orleans County Legislature.  “But partnerships are built upon being able to have conversations on difficult topics like wastewater and then cooperating on a solution that works for everyone.

“Yet, throughout this process, Genesee County and their economic development agency have not engaged with Orleans County leadership, developed a plan in the backroom to dump wastewater in Orleans County without our input and then, when questioned, just decided to attempt to steamroll us, rather than work together.  I cannot express enough the level of disappointment we feel in their actions.”

Johnson said the resolution clearly states the concerns Orleans County has regarding the wastewater discharge including impacts on tourism, sport fishing, flooding, property damage, declining real estate values and more.  Johnson believes there are other avenues Genesee should be exploring for managing wastewater.

“I have said all along and want to repeat it again, that our legislators are in support of STAMP and the economic development projects that will lead to investment and jobs for our entire region,” said Johnson.  “But that economic growth cannot come at the expense of Orleans County’s natural resources.

Johnson also acknowledged the efforts of New York State Assemblyman Steve Hawley, who represents both counties in the State Legislature and has been attempting to mediate a solution.

“We appreciate that Assemblyman Hawley is taking an active role in bringing all parties together,” said Johnson.  “We must work together on an alternative.”

Here is the resolution approved by the Orleans County Legislature on Tuesday:

RESOLUTION NO. 456-923 – SUPPORT TO PRESERVE THE OAK ORCHARD RIVER AND LOCAL TRIBUTARIES IN ORLEANS COUNTY

WHEREAS, this Legislature finds that while the potential economic output generated by the STAMP Project in Genesee County could be beneficial, discharges into waters of Orleans County will have various adverse and substantial economic impact on Orleans County, its residents, and businesses; and

WHEREAS, this Legislature further finds that impact to the local infrastructure available for residents and businesses would be limited if STAMP Sewer Works, Inc. were to discharge 6 million gallons a day (6MGD) of wastewater from the STAMP site in Genesee County into Oak Orchard River by way of the Town of Shelby in Orleans County; and

WHEREAS, this Legislature further finds that communities with interests in Oak Orchard River and Lake Ontario are concerned with the economic impacts on local real estate values, economic development, and $27 million in annual tourism and recreation revenue unique to Oak Orchard River, tributaries in Orleans County and Lake Ontario, with respect to discharging 6MGD of waste into Oak Orchard River, a tributary of Lake Ontario; and

WHEREAS, this Legislature further finds that Lake Ontario is subject to water level fluctuations from the International Joint Commission (IJC) which slows the draining of Oak Orchard River and other local tributaries of Lake Ontario; and

WHEREAS, this Legislature further finds that areas of flooding have been mapped by the Federal Emergency Management Agency (FEMA) includes much of the land within the Iroquois National Wildlife Refuge (INWR) in the Town of Shelby is within a flood hazard zone; and

WHEREAS, this Legislature further finds that increased coastal erosion in recent years has increased flooding along the Lake Ontario shoreline and construction standards in flood areas should be restricted in order to prevent property and other damage due to flooding, and to maintain open pathways for flood waters; and

WHEREAS, this Legislature further finds that flood zones in Orleans County have been identified along the following water bodies and their tributaries: Oak Orchard River-Medina, Ridgeway, Shelby; Johnson Creek-Lyndonville, Yates; Fish Creek-Ridgeway, Shelby; Marsh Creek-Yates; Jeddo Creek- Ridgeway, Yates; Erie Canal-Medina, Ridgway, Shelby; Lake Ontario-Yates; and

WHEREAS, the Legislature further finds that other methods of managing wastewater are available in Genesee County that would not result in the same impacts to Orleans County; and

WHEREAS, this Legislature further finds that both the design and plan to discharge 6MGD of wastewater from STAMP would stir up sediment and increase pollution in Oak Orchard River and tributaries in Orleans County; and

WHEREAS, this Legislature further finds that the volume and velocity of STAMP wastewater would increase turbidity and hasten erosion along the banks of the waterways in Orleans County; and

WHEREAS, the Legislature further finds that the choice to develop project data based on unlikely events does not fully address or satisfy concerns about sediment, erosion, flooding, and economic impacts; now be it

RESOLVED, that this Legislature find and declares that it is the duty of Orleans County to act to preserve the Oak Orchard River and local tributaries in Orleans County for the economic vitality of affected communities.