State orders Niagara Falls Water Board to upgrade treatment plant

NIAGARA FALLS, N.Y. (WIVB) — New York’s Department of Environmental Conservation (DEC) says the Niagara Falls Water Board violated water quality standards when a sewer overflowed Aug. 15.

Sewage was discharged into the Niagara River, causing a noticeable contrast to the natural conditions in the water.

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The state has issued a Notice of Violation to the Water Board, which requires them to immediately upgrade the Niagara Falls Wastewater Treatment Plant.

The Water Board is also facing up to $37,500 per violation in penalties.

“New York reserves the right to pursue those who violate water quality standards to protect the public and the environment,” DEC Commissioner Basil Seggos said.

“We are directing the Niagara Falls Water Board to provide all of the engineering information and data necessary to determine how and why this violation occurred. DEC will now investigate into all appropriate measures to prevent further violations from happening.”

The DEC is also investigating the July 29 discharge of black water in the Niagara River.

The Water Board has been directed to stop discharges from the sediment basin until the investigation is over.

The Water Board responded to the violation with the following statement:

Today the NFWB received notice of violation from the NYS Department of Environmental Conservation (NYSDEC) related to water quality standards surrounding an August 15th wet weather event that occurred in Niagara County. This specific volume overflow situation was immediately self-reported via the SPDES permit and NY Alert System, as a result of applicable Sewage Pollution Right To Know law obligations.

The NFWB is currently in the process of reviewing the violation notice, but can clarify that the root cause of such overflow occurrences—of which the NYSDEC is well aware and has been working with the NFWB on—is a direct result of outdated infrastructure and system design limitations that impact overall facility capacity during heavy volume periods. The NFWB also has no way of controlling for color or turbidity with respect to the overflow water during a wet weather event.

Extensive efforts remain underway by the NFWB, AECOM and other engineering resources to identify potential short and long-term solutions to mitigating the existing facility limitations that cause such discharge and overflow situations along the Niagara River.

The NFWB maintains its commitment to meeting the September 1st report issuance deadline proposed by the NYSDEC and will continue to work collaboratively with the department and other government entities to reach proactive solutions to achieve more effective regional storm and wastewater management.

In the last several months, over $1 million has been committed by the NFWB toward improvements to current treatment facilities, including efforts to enhance Sediment Basin 5 and other key system components and equipment. The board has also identified roughly $6.9 million for 2018 system upgrades as part of ongoing capital improvements, which also follow more than $8 million in system enhancement funds spent in recent years. NYSDEC has retained active knowledge of all such improvements and will continue to be notified of related work on real-time basis. NYSDEC specifically has been involved in monitoring wastewater treatment plant operations since the City of Niagara Falls constructed the existing plant in the 1970’s. NYSDEC has approved nearly all upgrade and renovation projects at the wastewater treatment plant, including approving the 2004 contract pursuant to which the pump involved in the July 29th incident was installed.

From an overall environmental impact mitigation perspective, the NFWB maintains strong support for massive—and overdue—state and federal investment in capital infrastructure improvements at outdated wastewater treatment facilities across the Great Lakes watershed.

True, lasting, state-of-the art solutions to the challenges facing aging wastewater treatment systems may be too costly for localities to fund, and will require partnership and participation with state and federal elected officials.

The NFWB will continue to provide periodic public and ratepayer updates on overflow and other discharge matters as such information becomes available. Updates will be available at

The Board blames the CSO on poor infrastructure, which it blames the DEC is aware of.

“While we’re having this enforcement discussion with Niagara Falls, and I have these discussions every day across the state, we also luckily, have an enormous amount of fiscal resources to help people address these problems,” said DEC Deputy Commissioner for Water Resources Jim Tierney.

Specifically, Tierney noted the $2.5 billion in the state’s 2017 budget specially for clean water infrastructure. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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