SALAMANCA – Seneca Nation President Rickey Armstrong Sr. asked the legal department to look into legal action against the City of Olean over its latest discharges into the Allegheny River.
Due to heavy rains Wednesday, more than 200,000 gallons of untreated sewage overflowed for more than four hours into the river from the South Fourth Street pumping station
Another 80,000 gallons of untreated sewage was released into two of the river’s tributaries by city pump stations.
“The dangerous overflows of harmful, untreated sewage from the Olean Wastewater Treatment Plant into the Allegheny River are not rare occurrences,” Armstrong said in a prepared statement.
‘They are, unfortunately, dangerously common,” Armstrong said. “The Seneca people are outraged, as I am, that we are forced to continue to deal with this situation.
“We call the river Ohi:yo’, a word that means ‘beautiful river’ in our language. How much longer will our river be beautiful while it is subjected to the ongoing impacts of these dangerous sewage discharges? This has to end.”
Wednesday’s overflow is the second significant overflow from the City of Olean Wastewater Treatment Plant in just the last few months.
“On April 3, the plant reported two overflows which collectively accounted for approximately 186,000 gallons of untreated sewage discharged into the river, which is a source of drinking water, fishing and outdoor recreation for millions of people from the Southern Tier down to Pittsburgh,” Armstrong said.
“The Seneca Nation also issued swimming advisories for the Allegheny River on May 31 and June 10 for elevated levels of enterococci and E. Coli, in conjunction with regular testing,” the Seneca president said.
The City of Olean Wastewater Treat Plant discharges sewage, stormwater and/or wastewater into the river pursuant to a State Pollutant Discharge Elimination System permit. Discharges in excess of the City of Olean’s discharge permit have been a chronic occurrence for several years, and have been subject of numerous warnings and citations from the New York State Department of Environmental Conservation (NYSDEC).
In 2001, NYSDEC issued an Administrative Order of Consent for the City to upgrade its wastewater treatment facilities in order to stop discharges into the river. To date, the City has been unable to fully comply with the order, which has subsequently been revised multiple times to allow the City additional time.
Currently, Olean has until 2042 to become fully compliant with the order and the State Pollutant Discharge Elimination System.
In 2022, the Nation sent a notice of intent to initiate civil action against the City pursuant to Section 301 of the Clean Water Act, 33 U.S.C. § 1311(a) for discharging pollutants, including enterococci, among other things, in excess of the effluent limits on a regular and continuing basis.
Following yet another significant discharge of untreated sewage into the river, Armstrong said he is directing the Nation’s Legal Department to explore potential options for further legal action.
“The Seneca Nation will not be complacent to wait decades for a solution,” Armstrong said. “We will fight to protect the health and safety of our people and our many neighbors who live along, depend on, and enjoy the river,” he said. “We will fight for Ohi:yo’.”
