The order, issued in August and signed by Department of Energy and Environmental Protection (DEEP) Commissioner Robert Klee, said employees at the city’s sewage treatment plan are not adequately trained, and that the city must hire a firm to come up with a plan to either shut down the sewage treatment plant, modernize it, or pump sewage to another town.
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It’s an issue that is making Derby officials very nervous because of the potential taxpayer costs involved.
Derby officials believe a complete “modernization” of the treatment plant would cost untold millions — on top of the millions in upgrades and repairs already planned for the facility.
Pumping sewage to Ansonia would be hugely expensive too, according to engineers hired by the Derby WPCA.
The state order described the wastewater treatment facility itself as “poorly operated and in overall disrepair,” as well as a potential threat to the environment.
DEEP ordered Derby to hire an engineering firm to write a report on whether to modernize the facility or abandon it and pump sewage elsewhere.
A copy of the DEEP order is embedded below.
DEEP Order To Derby by ValleyIndyDotOrg
Monday was the first time Derby officials dealt with the matter in an open forum.
The Board of Aldermen, the city’s appointed Water Pollution Control Authority, and members of a city sewer infrastructure committee peppered two environmental lawyers hired by the city with questions about the DEEP issue.
The discussion was wide-ranging, but the following questions emerged:
1. The WPCA prepared a response countering many of DEEP’s claims. Had DEEP responded?
(Answer — no).
2. DEEP has declined to approve a facilities upgrade the WPCA’s engineering firm submitted two years ago. Has the state ever explained what was wrong with Derby’s plan?
(Answer — not really, or at least not specific enough for Derby. This issue came up many times during Monday’s meeting, with Derby officials repeatedly pointing out that they can’t deal with DEEP’s issues if DEEP doesn’t tell them what the problems are).
3. Why does the city have to hire a new engineering firm if the WPCA already employs an engineering firm?
(Answer — city lawyers want to negotiate this with DEEP).
4. Is this some state-inspired, backdoor ploy to force Derby to pump its sewage to Ansonia to make some mysterious, unnamed parties rich?
(Answer — probably not, according to city lawyers).
5. What is this order going to do to the schedule of more than $31 million in sewer upgrades voters approved?
(Answer — the city lawyers want to talk to DEEP)
6. How much is this all going to cost and how is Derby going to pay for it?
(Answer — no one knows at this point, but the board wants to hold an executive session next Thursday to talk about legal fees).
Jean Perry Phillips and Gary B. O’Connor, two lawyers from Pullmand & Comley in Hartford, answered a multitude of questions from Derby officials during Monday’s meeting. They explained it is early in the negotiation process with DEEP.
Phillips pointed out the WPCA has reams of documents and data in its possession — which will obviously help the city to answer DEEP’s questions.
There was a feeling among several public officials that DEEP is simply putting regulatory pressure on the city without looking at all the facts, such as the fact that Derby voters last year approved millions in upgrades to the sewer system.
WPCA member Robert Miani was particularly weary of DEEP’s intentions in Derby.
“I don’t want to get on a path (where) we are going to put our head in the ringer like a bunch of lambs going to the slaughter house,” Miani said.
He urged the city’s environmental lawyers to be aggressive with the state.
“If they told us something that is not true, and we have the data, and they should have the data, then we should challenge them,” Miani said.
Alderman Carmen DiCenso asked whether the state’s order is simply a way to bully Derby into connecting to Ansonia’s treatment plant.
“Are they pushing for the interconnection? Is that what this is all about?” DiCenso asked.
“I have not seen or heard anything that indicates they have their mind set on the interconnect,” Phillips said.
DiCenso said he was at a public meeting in Ansonia, where state officials pushed the interconnect.
“Both Ansonia and Derby both agreed — not for us. But they (DEEP) seems to be pushing that. I don’t know where they are going to get $100 million to make that connection, and if they think they are going to put it on the backs of our residents — it’s not going to happen,” DiCenso said.
Derby City Treasurer Keith McLiverty pointed out DEEP’s order was strangely vague.
The order goes through the history of the treatment plant, but fails to mention a state-funded upgrade from about 10 years ago.
Meanwhile, the city is moving forward with upgrades to the sewer system — including pumping stations, pipes and part of the treatment facility.
The engineering designs for a multitude of sewer projects is underway. If DEEP has issues with the scope of the work — or the order in which the city intends to tackle the projects — the state better speak up soon, because Derby is moving forward.
“It’s called a pickle. We’re in a pickle here, and Hartford is not helping us,” McLiverty said.
The state order cites an inspection in which workers at the treatment plant improperly reported data and changed the results of a fecal coliform analysis without providing explanation.
The specifics of that allegation wasn’t discussed in detail during Monday’s meeting — but the Aldermen may have discussed it during a closed-door executive session after the public meeting ended. The agenda listed the order as a whole as an executive session item, but did not list any personnel matters, which would make the discussion suspect under state law.
