NEWS

New Windsor seeks $4.6 million in damages over tainted water

Helu Wang
hwang@th-record.com
Stewart Air National Guard Base.

NEW WINDSOR - The town is seeking approximately $4.6 million in damages from federal agencies for “wrongful and negligent” discharging of toxic chemicals into the water supply system, according to a notice of claim filed by the town.

The claim was filed on May 6, a year after the state Health Department informed New Windsor that low levels of PFOS and PFOA were found in the Butterhill Wells established in October 2018. A filtration system was installed last November before the Butterhill Wells returned to the distribution system.

Per the claim, 102 residents have filed notices of claim against the town since it disclosed the contamination last May, alleging personal injuries and property damage resulting from exposure to the contaminated drinking water.

Associated with ailments like kidney and testicular cancers, ulcerative colitis, low infant birth weight and high cholesterol, PFOS belongs to a class of chemicals known as polyfluoroalkyl substances, or PFAS. It is not only used in firefighting foams at airports and military bases, but also in oil-, stain- and water-resistant clothing and other products.

The town accused federal agencies, including the U.S. Department of Defense, the U.S. Army Air Force and the Air National Guard, of negligently allowing the chemicals to poison the Butterhill Wells through numerous spills and leaks from the Stewart Air National Guard Base and Stewart International Airport since 1990, according to the claim.

It says the toxic compounds have been used at the site since at least the 1980s, which migrated through the groundwater and damaged the town’s real property, plant facility and groundwater supplies. The damages include costs of investigating and remediating the contamination, developing and rehabilitating alternatives and lost revenues from the sale of Butterhill Wells among other expenses.

Additionally, residents who filed the notices of claim are seeking medical monitoring and claiming $5 million in damages.

“The town has incurred and will continue to incur substantial response costs investigating, conducting hearings and defending these claims,” the claim reads.

Town Supervisor George Meyers said the notice of claim was filed before the town considers a lawsuit. Although the state had planned to reimburse the costs months ago, it’s up in the air due to the coronavirus pandemic.

“With this new financial issue that everybody is having we’re not sure who is going to come up with the money,” Meyers said. “We just leave all of our options open.”

Meyers said the filtration system is one of the most costly projects that the town has struggled to pay for to monitor the PFOA and PFOS compounds and ensure there is no contamination before any water was distributed for use. It’s an ongoing expense as long as the Butterhill Wells stays in the municipal water system. About 5,500 water customers in the town rely on municipal water.

However, Meyers said, the town has to keep it open to serve the water consumption during shutdowns of aqueducts.The Butterhill Wells would be one of the primary water sources to all water customers in New Windsor and Newburgh during the shutdowns of the Catskill Aqueduct. The next scheduled shutdown for maintenance is set for October through January 2021.