Feds settle violations of Safe Drinking Water Act by NY, agencies due to parks' large cesspools

Federal officials on Friday announced resolution of claims the State of New York and state agencies violated the Safe Drinking Water Act by operating 54 large-capacity cesspools at comfort stations in state parks on Long Island and elsewhere years after their use was forbidden.

Thirty-six large-capacity cesspools, defined as those that can receive untreated waste from 20 or more people per day, operated above the aquifer that supplies most of Long Island’s drinking water. All were closed between 2017 and 2019, although the water act required them to be closed by 2005.

"Large cesspools are now a thing of the past in New York State’s parks," Environmental Protection Agency Acting Regional Administrator Walter Mugdan said in a joint news release with Mark Lesko, acting U.S. Attorney for the Eastern District of New York, whose office handled the case. "These polluting sewage handling systems use centuries-old technology that can cause serious pollution of groundwater and drinking water," Mugdan said.

New York State, its Office of Parks, Recreation and Historic Preservation and the Palisades Interstate Park Commission were named as defendants.

Dan Keefe, a state parks spokesman, said his office was "committed to the stewardship of our natural resources. Upon discovering the non-compliant septic systems at our parks, we took aggressive action to ensure they were brought up to all modern environmental standards. We are pleased this matter has been fully resolved."

Joshua R. Laird, executive director of the Palisades Interstate Park Commission, said in a statement that his agency "has been firmly committed to the preservation and stewardship of natural resources throughout our parks and the region" for more than 120 years. "Following the discovery of the non-compliant septic systems we worked closely with New York State Parks to remedy the situation on the lands under our jurisdiction."

Representatives for Gov. Andrew M. Cuomo's office did not respond to requests for comment.

Friday’s announcement came after the defendants satisfied terms of an April 2017 court-ordered consent judgment requiring closure of the cesspools and installation of systems at seven parks to reduce the levels of harmful nutrients — including nitrogen — entering local groundwater, according to the release from prosecutors and the EPA.

Together, the defendants spent more than $3.5 million on those systems, which have removed 1,500 pounds of nitrogen from septic system discharges and will continue to remove 500 pounds of nitrogen per year, according to the release.

A treatment system at Connetquot State Park Preserve was found to remove 88% of the nitrogen from sanitary wastewater. Other environmental projects resulting from the judgment include an educational area at Connetquot State Park where visitors can learn about nitrogen pollution and a spot at Captree State Park to learn about green technology to manage stormwater runoff.

By Nicholas Spangler

nicholas.spangler@newsday.comspanglernewsday

Nicholas Spangler is a general assignment reporter and has worked at Newsday since 2010.