Brownville town barn violates state pollution discharge laws

BROWNVILLE — The state Department of Environmental Conservation has warned the town that drainage at its town barn violates water pollution regulations and may require expensive repairs.

The violation stems from the discharge of water collected inside the building’s garage into an oil/water separator. The water was seen by DEC officials running from a pipe under the building into the Perch River, which runs behind the building.

DEC spokesman Stephen W. Litwhiler called this setup, also known as a point discharge, a violation of both state and federal environmental regulations.

Noting that the discharge’s environmental impact was minimal, Mr. Litwhiler said the town was given only a warning, not a fine or citation.

“We wanted to nip this in the bud,” Mr. Litwhiler said. “Let’s get it fixed.”

He said the type of violation was not uncommon.

“Whenever we find these kinds of floor drains that are not properly installed, this is what we do,” Mr. Litwhiler said.

A letter was issued last week by DEC to town Highway Supervisor Richard D. Lane with explanations from the department’s Division of Water on potential fixes.

DEC’s investigation of the system began in late November, following a call from Raymond G. Ketcham, who lives next door to the barn. Mr. Ketcham said he was concerned after seeing exposed pipes appearing to overhang the river. He also vented frustration about how the town and its zoning officer prompted him to spend several thousand dollars on a special septic system to get his home up to code.

Currently, fluid from the garage is collected in a catch basin leading to an oil/water separator. Water collected in the separator then dispenses into the river. Oil collected in the separator is removed by an outside company, and, according to Mr. Lane, it was last cleared in April.

While the town’s drainage system is in violation, making the appropriate changes may come as a challenge, depending on a determination from the town and DEC about the building’s use.

If the garage space is considered a storage and washing area, the town could apply for a State Pollutant Discharge Elimination System permit through DEC. In addition to committing to additional treatment of water from the garage, which could require design from an engineer, the town would be required to sample and report fluids entering its drains and be subject to periodic DEC inspections. For a municipal building, a permit costs $375 to $37,500 yearly, based on the amount of fluid treated. Workers at the building also would be required to work within the basics of “best management practices” regarding spills and disposal of vehicle fluids.

However, if the garage is considered a maintenance facility, the town would not be able to get the SPDES permit, owing to the amount of oil and transmission fluid that would be considered untreatable.

In that case, the town would have a few different options, including the connection of the drains to a municipal sewer, the instillation of a holding tank that could be pumped, the elimination of floor drains or the sealing of floor drain outlets.

While Mr. Lane was unsure of how much these repairs would cost, he expressed optimism that the town could resolve the issue.

“Maybe there’s a simple solution to this,” he said.

Town Supervisor Leo W. Thompson declined to comment on specifics with the repairs, but blasted Mr. Ketcham for his involvement.

“This is a lot of bull... being raised by someone looking to make some trouble,” Mr. Thompson said.

There are also some questions about how the building was approved initially with the discharge drain in place. The building was constructed in 1996, decades after the federal government passed the Clean Water Act in 1972. Mr. Litwhiler said that there had been no changes in policies for floor drains since the legislation’s inception. He added that if the town intentionally set up a point discharge at the building, DEC should have been notified and the town should have applied for a permit.

While no timetable has been set for the town’s necessary fixes, Mr. Litwhiler said he hoped the town would act “sooner rather than later.”

“We didn’t have to just write them a warning. We could issue them a ticket,” Mr. Litwhiler said.