Town seeks change to Hudson dredge deal

By The Associated Press

Thursday, August 3, 2006 9:43 AM EDT

UTICA - The town at the center of the massive Hudson River dredging project pleaded in federal court Wednesday for a degree of control over the plan, even as a government lawyer said Fort Edward's request could delay dredging beyond its 2008 start date.
Arguments before U.S. District Judge David Hurd centered on whether a planned waste treatment site 1.4 miles away from the river is within the federally designated Superfund site.

Attorneys for the small town 40 miles north of Albany argue that it is not, which would open the door to a separate environmental review that would involve Fort Edward officials.

Such a review could potentially allow town officials to seek payments to help cover any economic impact of the multiyear project on the community.

“The site is the Hudson River itself and nothing more,” John Privitera, a lawyer for the town, argued.

The town ultimately is seeking a change to the consent decree reached in October between the Environmental Protection Agency and General Electric over the removal of sediments from a 40-mile stretch of the river north of Albany.

GE discharged wastewater containing PCBs into the river until 1977. Officials say the project's cost may surpass $700 million.

The dredging has fractured public opinion in Fort Edward. While some locals think it will revive the river, others fear the rumble of barges, dredgers and trucks will chase away people and businesses for years.

Fort Edward Supervisor Merrilyn Pulver said before court arguments Wednesday that town officials are not against the dredging plan, but want “a seat at the table” so residents are treated fairly.

Brian Donohue, arguing for the EPA, told the judge that granting Fort Edwards' request would push back the 2008 start date since it would take about two years to build the treatment plant, which must be completed before dredging begins.

Donohue said the treatment plant is necessary, suitable and close to the river, which places it within the site under federal law. The EPA and GE want Hurd to sign off on the consent decree, a necessary step before dredging. The EPA just last week pushed the start of dredging back one year to 2008 - the third such delay since the agency decided in 2002 to dredge 2.65 million cubic yards of toxic sediment from the river. Some environmentalists accuse Fort Edward of merely trying to stall progress again, despite denials from the town.

“This is an eleventh-hour attempt by the Town of Fort Edward to throw a monkey wrench into the process,” said Rich Schiafo of Scenic Hudson.

The town also is considering eminent domain proceedings to control the site.

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