Senate Approves Bill Allowing Hoosick Falls to Issue Bonds

Hoosick Falls PFOA contaminationThe New York State Senate approved legislation yesterday that will allow the Village of Hoosick Falls to issue bonds for up to $1.5 million to help cover the costs related to cleaning up the town’s PFOA water contamination.

The bill, which passed 60-2, will allow the village to issue bonds through the end of this year for cleanup costs and fees related to negotiating a settlement agreement with the responsible companies.

Hoosick Falls is also authorized to levy annual property taxes in order to pay for the annual debt service on the bonds, which can also be paid through water or sewage charges.

The village will have ten years to pay back bonds.

“We just needed some initial breathing room right now and in the near future so we can get things situated and work towards working on something with the companies,” stated village Mayor Rob Allen.

Mayor Allen explains that if a settlement agreement is reached with the polluters, that money will be used to pay the debt service as well as other expenses.

Unpaid expenses for testing, improvement, legal work, engineering and public relations services are reaching $1 million. However, Mayor Allen says the village is not planning to bond for the entire $1.5 million approves.

Next, the Bill will head to the Assembly for approval.

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500 Days of PFOA Contamination Raises Pressure to Find New Source of Water

Last week marked the completion of 500 days of water contamination in Hoosick Falls with the chemical PFOA.

The Environmental Advocates of New York organized residents of Hoosick Falls to gather at the state capitol in Albany on Thursday to demand state leaders to find an uncontaminated source of drinking water for the community.

Advocates demand that the $2.5 billion clean water fund recently created in the state budget be used to restore clean water to Hoosick Falls immediately.

Currently, residents of Hoosick Falls are using filtered water from the treatment systems that have been put into place by the state to remove PFOA from the contaminated groundwater. However, residents are still afraid of the potential effects consuming the filtered water may have.

“We want to see a long-term solution to this where we’re providing clean water uncontaminated with PFOA to the village. But certainly, in the interim, we’re making sure this treatment system is 100 percent effective,” stated DEC Commissioner Basil Seggos.

The DEC will soon announce the results of a feasibility study conducted to locate a new water source. Saint-Gobain and Honeywell were ordered by the state to execute this study.

“We’re looking at a few spots in the valley where enough water is being produced, at least water quality is good in a couple different wells that have been drilled. And we’re doing continual tests on that to make sure there’s enough water pressure and capacity,” said Seggos.

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Hoosick Falls Tables Vote on $1.04M Settlement Offer

Last week, the Hoosick Falls Village Board postponed its vote on the proposed settlement of $1.04 million offered by Saint-Gobain and Honeywell over the PFOA contamination of the village’s water supply.

Village officials approved the motion to table with a vote of 6-1, with Mayor David Borge opposing it due to his argument that the town is facing “real financial issues” without the settlement money.

After the vote, Mayor Borge stated that, “Someone is going to give us a check for $1 million, that is not going away…There are 1,900 people in this community that pay taxes. They were not all here tonight…We have a responsibility to look out for everyone in the village, both present and in the future, and that’s what we’re trying to do.”

Although the settlement would cover Hoosick Falls’ expenses relating to the contamination, it would prevent the village from bringing any future claims against Saint-Gobain and Honeywell.

Judith Enck, a Hoosick Falls community member and former administrator for the Environmental Protection Agency, opposed the settlement offer stating, “This is a really good deal for St. Gobain and a really good deal for Honeywell, but this not the quality document you should be signing on behalf of the residents of Hoosick Falls.”

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Revised Settlement Agreement Offers Over $1 Million to Hoosick Falls

Saint-Gobain Performance Plastics and Honeywell International, the two companies held responsible for the PFOA water contamination in Hoosick Falls, offered a revised settlement this week that would pay over $1 million to the village.

This is an increase from the previous offer of $850,000 that was met with a great deal of criticism from village residents at a public meeting held to discuss the agreement last month.

The new agreement calls for Saint-Gobain and Honeywell to pay the village $1.045 million for the expenses incurred from the PFOA water contamination.

With this settlement agreement, the village would have to agree to not filing claims against the two companies for damages to the existing municipal water system.

A press release issued Wednesday states, “the agreement has been revised to ensure the village retains its right to pursue any other claims.”

These other claims could be for costs associated to, “new wells and related equipment, alternative water sources extensions or additions to the existing municipal water supply system, pollution from contaminants other than PFOA, and diminished property values.”

The proposed settlement will be considered at a board meeting being held today at 6 p.m. at the Hoosick Falls Armory.

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Motion to Dismiss Hoosick Falls Class Action Denied by Federal District Court

In a 39 page decision released today, United States District Judge Lawrence E. Kahn of the Northern District of New York denied the motion filed by defendants Saint Gobain and Honeywell seeking to dismiss the consolidated Hoosick Falls water contamination class action filed on behalf of village residents.

The Court held that plaintiffs had properly stated valid legal claims for negligence, trespass and nuisance due to the PFOA contamination of the drinking water in Hoosick Falls allegedly caused by the defendants.

The defendants made the argument that contaminating a resident’s drinking water does not give rise to a valid claim because the water is not owned by the resident but by the State of New York. This argument was rejected by the Court in the today’s decision.

The Court also held that plaintiffs’ claims to establish a medical monitoring program for the residents of Hoosick Falls to facilitate early diagnosis and treatment of diseases related to PFOA exposure could proceed because the residents had properly alleged an injury to both person and property.

The Court did grant one portion of defendants’ motion dismissing nuisance claims brought on behalf of the residents who obtained their water from the public water supply, holding that these residents could not bring a private nuisance claim.

The entire decision can be read here.


Village Ignores Residents’ Concerns Regarding Controversial Settlement Agreement

The village of Hoosick Falls is in the process of finalizing a controversial settlement with the two companies that are to blame for the pollution of their water supply, despite villagers’ concerns with specific sections of the agreement.

A summary was posted on the village’s website last week that many felt casted aside the community’s concerns with the agreement.

The agreement will reimburse the lost revenues from the pollution of the water supply. However, there is a section in the agreement which will prevent the village from being able to sue the two companies at fault for the pollution if future contamination occurs from the existing groundwater wells they own. The villagers of Hoosick Falls believe this section should not be included in the agreement.

The village states that if there is future contamination, the state Department of Environmental Conservation can take action against the companies responsible for the pollution, but the villagers are not satisfied with this answer.

The vote on the agreement was initially set to have taken place last month, but was postponed due to the high volume of villagers’ concerns.

A meeting was set on January 12th to help resolve those concerns, but resulted in no success and Hoosick Falls’ residents felt their concerns were not taken into consideration for that section of the agreement.

The villagers will be noticed if a vote is scheduled or if amendments to the agreement are taking place.

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Hoosick Falls Considers Farmland for New Water Supply

Hoosick Falls PFOA contaminationHoosick Falls is looking into a farm along the Hoosic River located about a mile south of the village’s water treatment plant as an alternate water supply after the PFOA water contamination.

The farmland is owned by Jeffrey Wysocki, Hoosick town Councilman, and is located off Route 22 across from the central school district building.

The New York State Department of Environmental Conservation drilled a test well at the site and found that the underground water supply in the area is free of PFOA.

The state will begin installing a larger well line in two weeks to test the strength of the underground aquifer and to verify that it would be able to supply 500,000 gallons per day, which is the village’s water usage requirement. In addition, it will also re-test the water for any contamination.

The DEC has been leading the search for an alternate water supply since last February.

Sean C. Mahar from the DEC stated, “Our investigation has been thorough and accomplished a lot in a relatively short period of time…We have a very promising location.”

The next step will include Saint-Gobain and Honeywell to conduct studies that would rank and provide cost estimates of all the alternate water supply options. The proposals will be introduced in community hearings allowing for public input.

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Village Board of Hoosick Falls Considers PFOA Contamination Agreement

Hoosick Falls PFOA lawsuitAn agreement with Saint Gobain Performance Plastics and Honeywell International, the two companies being held accountable for the PFOA water contamination in Hoosick Falls, is being considered by the village board.

The agreement, which is estimated to cost the two companies $850 thousand, will reimburse the village of Hoosick Falls for the losses it incurred from decreased water and sewer revenues, in addition to the costs of flushing water pipes.

The village board will consider the agreement at a meeting being held today at 6 p.m. at the Hoosick Falls Senior Center.

Learn more about the proposed agreement on the Hoosick Falls Water Contamination website here.

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Settlement of $850,000 Reached in Hoosick Falls Lawsuit

Hoosick Falls PFOA lawsuit settlementEarlier this month, the two companies that were held accountable for contaminating the water supply of Hoosick Falls with PFOA agreed to a $850,000 proposed settlement agreement.

The money paid by Saint-Gobain Performance Plastics and Honeywell in the settlement will contribute to the costs of water sampling, flushing waterlines, repairing fire hydrants, engineering, legal services, public relations, and the losses incurred from reduced water and sewer usage.

Mayor David Borge stated that the agreement, “will ensure that village residents are not forced to bear the financial burden of paying for the village’s response to the PFOA crisis — a situation they did not create.”

The agreement will also reserve rights by the village for any “future potential liabilities related to PFOA releases associated with the companies’ former manufacturing facilities in the village. PFOA contamination that may have resulted from other locations, such as the village-owned landfill, are not covered by the new agreement.”

This settlement agreement is separate from the consent order between the two companies and the state Department of Environmental Conservation that is seeking to recoup costs of additional sampling and filtering, as well as cleanup of the state Superfund site.

Read the full article here.


County Legislators Approves Resolution to Speed Up Hoosick Falls Cleanup

hoosick falls PFOA water contaminatonLast week, Rensselaer County legislators unanimously approved a resolution in hopes of speeding up the cleanup process of the site identified as the source of PFOA contamination in Hoosick Falls.

The resolution was suggested by the Legislature’s chairman, Stan Brownell.

Along with including the Saint-Gobain Performance Plastics’ McCaffrey Street plant on the federal Superfund National Priorities List, the resolution also asks for adequate funding and a proper timeline for the cleanup.

PFOA, which has been linked to numerous chronic health risks, has been affecting Hoosick Falls and Petersburgh residents for over a year.

“This is an important property in Hoosick Falls, and inclusion on the federal National Priorities List will help restore the property and resolve some of the concerns residents have regarding the PFOA situation,” said Brownell. “We also have asked the federal government to provide a specific timeline for this important remediation work. A clear and direct line of communication with residents on this project, and continued progress, are needed to restore confidence and trust.”

The Rensselaer County Legislature also recently approved a resolution to establish a website dedicated to informing residents about the cleanup project.

Read the full story here.