Westchester has settled a decade-long federal court battle where the county government faced accusations that it was allowing raw sewage to seep into the Long Island Sound.
The nonprofit Save the Sound, who initially brought the lawsuit against the county, reached the landmark settlement with Westchester officials that strengthens the government’s commitment to protecting water quality while upholding the U.S. Clean Water Act, both sides said in a joint press release announcing the agreement on Thursday.
The deal addresses the problem of ongoing sewage spills and results in a “cleaner, healthier Long Island Sound with less sewage pollution, and fewer beach closures and swimming days lost,” said Roger Reynolds, senior legal director for Save the Sound.
The lawsuit was first filed in 2015 against 11 communities in Westchester — including the city of Rye — along with the county government.
All 11 municipalities previously settled with Save the Sound.
Poorly maintained sewer systems, which for decades caused millions of gallons of raw and partially treated sewage to enter the Long Island Sound, were at the center of the litigation.
That meant the Long Island Sound was not safe for swimming or fishing, which violates the Clean Water Act, according to David Ansel, vice president of water protection for Save the Sound.
The settlement will require the county to spend $475,000 on environmentally beneficial green infrastructure projects and take “reasonable measures” to enforce the County Sewer Act within sanitary sewer districts in New Rochelle, Mamaroneck, Blind Brook, and Port Chester.
Westchester will also need to conduct a round of flow monitoring no earlier than 2037 to determine compliance within those districts.
County government must also provide materials to support municipalities’ sewage management efforts.
“After nearly a decade of legal proceedings, we are pleased to reach a collaborative agreement with Save the Sound that allows us to turn the page and move forward together,” said County Executive Ken Jenkins, a Democrat.
Westchester was cited for failing to enforce its Sewer Act to limit illegal levels of flow from municipalities to county-owned treatment plants in court documents.
Sewer lines under streets and lawns in Westchester were cracked, broken, and leaking fecal matter and other contaminants into local waterways, causing low oxygen and high bacteria levels, according to the lawsuit.
Jenkins said the deal puts the “missteps of past administrations” in the rearview.
The settlements have led to an investment of more than $100 million to study and repair more than 600 miles of sewer pipe, while repairing more than 64,000 defects. And each municipality named in the lawsuit has additionally developed plans for effective management of each of their sewer systems, according to Save the Sound.
The Westchester settlement was approved by the county Board of Legislators on June 30 and has been submitted to the federal district court and the U.S. Department of Justice and Environmental Protection Agency for review.
