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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217B3331999-10-0707 October 1999 Responds to 990825 Telephone Call Re Presense of Polychlorinated Biphenyl Wastes at Plant,Unit 1 ML20212F4481999-09-17017 September 1999 Forwards NRC Form 536 Containing Currently Proposed Site Specific Operator Licensing Exam Schedule & Estimates of Number of Applicants for Generic Fundamentals Exams Through Cy 2003 ML20212F7051999-09-14014 September 1999 Forwards Rev 19 to Ipn,Units 1 & 2 Physical Security Plan. Plan Withheld,Per 10CFR2.790(d) & 73.21 ML20211N0681999-09-0202 September 1999 Informs That Commission Requested Publication of Notice of Consideration of Issuance of Amend to Fol,Proposed NSHC Determination & Opportunity for Hearing. Amend Changes Senior Reactor License Requirement for Operations Manager ML20211H6291999-08-26026 August 1999 Forwards NPDES Discharge Monitoring Rept for July 1999 for Indian Point,Units 1,2 & 3. Rept of Noncompliance Is Attached for Noncompliance Which Occurred at Unit 3 ML20211E1531999-08-18018 August 1999 Forwards Semi Annual fitness-for-duty Program Performance Data for 990101-990630,IAW 10CFR26.71(d) ML20211H6051999-08-18018 August 1999 Forwards Rev 8 to Security Force Training & Qualification Plan, for Indian Point 3 Nuclear Power Plant.Rev Facilitates Transition of Duty Weapons Carried by Security Force Members from Revolvers to Semiautomatic Pistols ML20211A9241999-08-11011 August 1999 Informs That IPS Currently Estimates,That Approx Two Licensing Actions Will Be Submitted to NRC During Remainder of 1999 NRC Fiscal Yr & Approx Ten Will Be Submitted During 2000 NRC Fiscal Yr ML20210M7251999-07-26026 July 1999 Forwards Projection of Ability to Pay Retrospective Premium Adjustment for Period of Aug 1999 to 000731, Which Demonstrates That Ceny Will Have Sufficient Cash Flow &/Or Cash Reserve Available Throughout Period to Pay Premium ML20210G8911999-07-20020 July 1999 Forwards Application for Amend to License DPR-5 for Proposed New TS 3.2.1.i,revising Senior Reactor License Requirement for Operations Manager ML20209B6611999-06-29029 June 1999 Returns Recently Submitted Renewal Applications,Nrc Form 398,for Three Reactor Operators,As They Are Not Completed Properly.List of Docket Numbers & Block Numbers That Contain Incorrect Info & Block Numbers Not Completed.Without Encls ML20196A6371999-06-15015 June 1999 Forwards Rev 19 to Physical Security Plan.Rev Withheld,Per 10CFR2.790(d) & 73.21 ML20207D1861999-05-27027 May 1999 Informs That Effective 990328,NRC Office of NRR Underwent Reorganization.Mt Masnik Section Chief for Indian Point Station,Unit 1.JL Minns Remains Primary Contact for All Routine Licensing & Administrative Matters.Chart Encl ML20205R1981999-04-15015 April 1999 Requests That Dept of Environ Conservation Modify SPDES Permit for IPS IAW Proposed Rev Attached & Described as Listed ML20205R2961999-04-15015 April 1999 Forwards Copy of Proposed Change to Indian Point SPDES Permit NY0004472.Proposed Change Requests Permission to Add Permitted Outfall to Plant as Well as Change Character of Existing Outfall.Without Encl ML20196K8111999-03-31031 March 1999 Forwards Decommissioning Funding Status Rept for Indian Point,Units 1 & 2 Through 981231 ML20205F9711999-03-25025 March 1999 Informs That Under Separate Cover,Licensee Transmitted to Ofc of Nuclear Regulatory Research Annual Rept of Results of Individual Monitoring at Indian Point,Units 1 & 2,for CY98 ML20204F7931999-03-17017 March 1999 Forwards Table Outlining Nuclear Property Insurance Which Has Been Placed on Behalf of Consolidated Edison Co of Ny, Inc.Insurance Covers Indian Point,Units 1 & 2 ML20204J9971999-03-0909 March 1999 Forwards Insp Rept 50-003/98-19 on 981130-990222.No Violations Noted ML20203B9001999-02-0808 February 1999 First Partial Response to FOIA Request for Documents. Forwards Documents Listed in App a Already Available in PDR, Documents in App B Released in Entirety & Documents in App C Being Withheld in Part (Ref Exemption 6) ML20202J6171999-02-0505 February 1999 Forwards Transcript from 990120 Public Meeting Held in Peekskill,Ny Re Decommissioning ML20199H3731999-01-11011 January 1999 Informs That T Schmeiser,Con Ed Plant Manager for Plant Is Retiring,Effective 990111.AA Blind Will Assume Duties & Responsibilities of Plant Manager Until Replacement Named ML20198E9561998-12-21021 December 1998 Forwards Order Prohibiting Involvement in NRC Licensed Activities Re Deliberate Misconduct in Violation of Regulation When False Info Was Provided to Two NRC Licensees ML20198C2371998-12-15015 December 1998 Ltr Contract:Task Order 237, Review & Evaluation of Indian Point 3 Nuclear Power Plant Application for Conversion to Improved TS, Under Contract NRC-03-95-026 ML20198C4911998-12-11011 December 1998 Forwards Rev 18 to Physical Security Plan,Reflecting Organizational Changes & Incorporating Administrative Corrections & Clarifications.Encl Withheld ML20198C3251998-12-11011 December 1998 Responds to ,Responding to NRC Ltr Re Concerns Raised About Potential Chilling Effect from Temp Denial of Site Access to Employee Raising Safety Issues to Util Senior Mgt ML20155H2901998-11-0303 November 1998 Responds to to Lj Callan Expressing Concern About Continued Operation of Indian Point Nuclear Generating Station.Explanation Why NRC Do Not Think Revoking OLs for Indian Point Units 2 & 3 Justified,Provided ML20155F9181998-10-28028 October 1998 Forwards Changes to SPDES Permit,Removing Requirement to Monitor Svc Boiler Blowdown for Phosphates,Eliminate Redundant Sampling of Oil or Grease Entering Flow Tributary to Floor Drains,Per Ts,App B,Section 3.2 ML20155D2791998-10-23023 October 1998 Forwards Corrected Pages for Indian Point Annual Radiological Environ Operating Rept for 1997 ML20154Q1761998-10-21021 October 1998 Second Final Response to FOIA Request for Documents. Documents Listed in App C Being Withheld in Part (Ref FOIA Exemption 7) ML20154L8031998-10-16016 October 1998 Ack Receipt of & Payment in Amount of $55,000 in Electronic Funds for Civil Penalty Proposed by NRC in .Corrective Actions Will Be Examined During Future Insp ML20155H3021998-09-24024 September 1998 Urges NRC to Revoke Operating Licenses for Indian Point Nuclear Generating Station,Units 2 & 3 & Not Renew OL for Unit 1 ML20154A1391998-09-22022 September 1998 Informs That Effective 980724,AA Blind Assumed Position of Vice President,Nuclear Power & Ja Baumstark Assumed Position of Vice President,Nuclear Power Engineering,Effective 980813 ML20153F0661998-09-18018 September 1998 Provides Response to Violations Noted in Insp Rept 50-286/98-05 & Proposed Imposition of Civil Penalty Dtd 980819.Corrective Actions:Existing Drawings for Spare Switchgear Cubicles Have Been Revised ML20151W4871998-09-10010 September 1998 Informs That as Part of NRC Probabilistic Risk Assessment Implementation Plan,Commission Assigned Two Senior Reactor Analysts (Sras) to Each Regional Ofc.T Shedlosky & J Trapp Has Been Assigned as SRAs for Region I ML20151W9511998-09-10010 September 1998 Informs That as Part of NRC PRA Implementation Plan, Commission Has Assigned Two Senior Reactor Analysts (Sras) to Regional Ofc.T Shedlosky & J Trapp Has Been Assigned SRAs Duties for Region I ML20155F4391998-08-26026 August 1998 Forwards Demand for Info,Being Issued to Enable NRC to Fully Understand Recipient Views on Facts & Circumstances Surrounding Allegedly False Info Provided to Two NRC-licensed Activities ML20238F5151998-08-26026 August 1998 First Partial Response to FOIA Request for Documents. Documents Listed in App a Being Released in Entirety. Documents Listed in App B Being Withheld in Part (Ref FOIA Exemption 6) IR 05000286/19980051998-08-19019 August 1998 Discusses Insp Rept 50-286/98-05 on 980528-0612 & Forwards NOV & Proposed Imposition of Civil Penalty in Amount of $55,000.Most Significant Violation Involved Failure, Following Design Mod in Oct 1997 ML20237B1001998-08-0505 August 1998 Responds to NRC Re Violations Noted in Insp Repts 50-247/97-13,50-247/97-15,50-247/98-02 & Investigation Rept 1-97-038,respectively.Corrective Actions:Acted Promptly to Assure Conforming to Testing Requirements ML20236X8511998-07-31031 July 1998 Forwards Rept Re Projection of Ability to Pay Retrospective Premium Adjustment for Period 980801-990731,per 10CFR140.21 ML20236V4211998-07-13013 July 1998 Forwards SER Approving Topical Repts WCAP-14333P & WCAP-14334NP (Proprietary & non-propiretary, PRA of RPS & ESFAS Test Times & Completion Times ML20236Q1431998-07-0808 July 1998 Responds to Administrative Ltr 98-03 Re Operating Reactor Licensing Action Estimates IR 05000247/19970131998-07-0606 July 1998 Discusses Insp Repts 50-247/97-13,50-247/97-15 & 50-247/98-02 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $110,000 ML20238F5231998-06-29029 June 1998 FOIA Request for Documents Re NRC Office of Investigation Rept 1-97-038,meeting Minutes of Summary of Enforcement Conference on 980506 & Meeting Minutes or Summary of 980520 Predecisional Enforcement Conference ML20154Q1831998-06-29029 June 1998 FOIA Request for Documents Re NRC OI Rept 1-97-038,meeting Minutes of Summary of Enforcement Conference on 980506 & Meeting Minutes or Summary of 980520 Predecisional Enforcement Conference ML20236J9871998-06-24024 June 1998 First Final Response to FOIA Request for Documents.Documents Listed in App a Already Available in Pdr.Documents Listed in App B Being Released in Entirety ML20248F2891998-05-26026 May 1998 Ltr Contract:Task Order 8, Indian Point 2,A/E Follow-up Insp, Under Contract NRC-03-98-021 ML20248L9861998-05-21021 May 1998 Forwards Rev 7 to Security Force Training & Qualification Plan.Review to Verify Receipt of Revised Plan & Sign & Return Receipt Ack Form Provided ML20247M6951998-05-20020 May 1998 Forwards RAI Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design-Basis Accident Conditions, for Plant,Unit 2 1999-09-02
[Table view] Category:EXTERNAL CORRESPONDENCE
MONTHYEARML20211H6291999-08-26026 August 1999 Forwards NPDES Discharge Monitoring Rept for July 1999 for Indian Point,Units 1,2 & 3. Rept of Noncompliance Is Attached for Noncompliance Which Occurred at Unit 3 ML20205R1981999-04-15015 April 1999 Requests That Dept of Environ Conservation Modify SPDES Permit for IPS IAW Proposed Rev Attached & Described as Listed ML20198Q1911994-06-28028 June 1994 Conforms to Conditions & Limitations Specified in 49CFR173.422 for Excepted Radioactive Matl Instruments & Articles ML20059J8701993-12-16016 December 1993 Forwards NPDES Discharge Monitoring Rept for Nov 1993 & Notice of Nonconformance ML20059J8991993-10-26026 October 1993 Forwards NPDES Discharge Monitoring Rept for Sept 1993 & Notice of Nonconformance ML20059J9361993-08-21021 August 1993 Forwards NPDES Discharge Monitoring Rept for Jul 1993 & Notice of Nonconformance ML20203F2161986-07-24024 July 1986 Advises That No Discrepancies Found Between Draft Effluent & Waste Disposal Rept for 1984,transmitted by & Semiannual Repts Transmitted by 840828 & s ML20140A8411986-01-17017 January 1986 Forwards Application for Renewal of SPDES Permit 0004472.Fee Paid ML20080C6341984-01-30030 January 1984 Notifies That Town of Ossining Voted on 830517 to Remain in Emergency Response Plan W/Special Appeal to Westchester County to Establish Municipal Task Force.Discontent Expressed Re Emergency Communications Sys ML20082H5221983-11-18018 November 1983 Requests Assistance to Bring Pressure at State Level for Necessary Legislation & Funding for Mobile Radio District & Local Equipment.Crotonville Section of Ossining,Ny Should Be Reinstated in Town of Ossining Emergency Response Plan ML20080L6181983-09-26026 September 1983 Requests Response Re Resolution of Problem Areas Addressed in Town Board of Ossining 830815 Resolution ML20080G6411983-07-11011 July 1983 Responds to 830708 Telcon Request.Util Prepared to Support Exercise of Radiological Emergency Response Interim Plan for Implementing Compensating Measures for Rockland County, During Wk of 830808 ML20072A0111983-06-0202 June 1983 Confirms,By Ltr of Intent,Contract to Make Buses Available During Evacuation Casued by Radiological Emergency ML20072A0531983-06-0202 June 1983 Confirms,By Ltr of Intent,Contract to Make Buses Available During Evacuation Caused by Radiological Emergency ML20071Q9061983-06-0101 June 1983 Confirms by Ltr of Intent,Contract to Make Buses Available During Evacuation Caused by Radiological Emergency ML20071Q9501983-06-0101 June 1983 Confirms,By Ltr of Intent,Contract to Make Buses Available During Evacuation Caused by Radiological Emergency ML20071L9911983-05-25025 May 1983 Responds to Outlining Specific Proposals for Ameliorating Facility Offsite Preparedness Situation & Views on Emergency Preparedness Regulation.Fema Will Assist in Improving Federal Laws Re Emergency Preparedness ML20072N2421983-03-21021 March 1983 Requests Production of Documents Possessed or in Control of New York City Council Witnesses.Related Correspondence ML20071D2921983-03-0404 March 1983 Discusses Pirg of Ny 830222 Motion for State of Ny to Preserve & Produce Documents Re 830309 Exercise.Revs of Offsite Emergency Plans Sent to All Parties.W/O Offsite Scenario for 830224 Training Session.W/Certificate of Svc ML20028G2511983-02-0202 February 1983 Forwards Amend 1 to Probabilistic Safety Study.Weatherwax Correlating Copy of Amend 1 Forwarded Separately.Requests Info Re Photocopying Study in Violation of Encl Agreement. W/O Amend.Related Correspondence ML20028C7891983-01-13013 January 1983 Forwards Corrected P 4 to Marasco 830111 Original Testimony Re Emergency Response Plan ML20064J8171983-01-13013 January 1983 Forwards Notices of Deposition Directed to F Von Hippel, G Thompson,C Perrow,R Lekachman,J Geiger & V Sidel ML20069Q4861982-12-0606 December 1982 Advises of Attempted Contact Re W Fleisher Deposition.Utils Intend to Take Deposition Next Wk Re Contention 2.2(a) ML20065J9111982-09-30030 September 1982 Declines Invitation to Appear Before Subcommittee on Energy Conservation & Power.Subcommittee Investigation Is Intrusion Into Ongoing Regulatory Proceeding & Threatens Independence of Commission ML20065J6661982-09-15015 September 1982 Forwards Testing & Repair of Siren Portion of Alert & Notification Sys for Indian Point Nuclear Power Generating Plant, Per Discussion at 820908 Status Meeting ML20062K5721982-08-13013 August 1982 Opposes Congressional Investigation Re Conduct of Ongoing Adjudicatory Proceeding.Investigation Could Irreparably Impair Legal Validity of Subsequent Agency Decisions.Memo Detailing Concerns Encl ML20054L7921982-07-0202 July 1982 Attacks Greater Ny Council on Energy Lateness & Attitude Re Answers to Licensee Interrogatories.Attitude Contradicts Philosophy & Practice Governing Exchange of Info in Special Proceeding ML20054E6511982-06-0707 June 1982 Objects to Interrogatories & 0526 But Received on 820528.Deposition of Parsons,Brinckerhoff,Quade & Douglas, Inc Adequate.Remaining Interrogatories Not Proper.Related Correspondence ML20054F6191982-06-0404 June 1982 Lists Events Associated W/Aborted Highway Projects Involving County.Related Correspondence ML20053D1131982-05-25025 May 1982 Objects to West Branch Conservation Assoc 820515 Interrogatories as Untimely.Interrogatories Failed to Meet ASLB 820423 Order Deadline by Nearly 2 Wks.Response to Late Interrotagories Declined ML20009A3961981-05-27027 May 1981 Discusses ACRS Subcommittee on Metal Components 810519 Meeting in Washington,Dc Re Indian Point Reactor Pressure Vessel Flooding & Component Support Fracture Toughness ML1001407241973-04-19019 April 1973 Forwards Cl Newman 730412 Ltr to Gw Knighton ML20090E5841970-03-11011 March 1970 Confirms Discussions Between Ny Health Dept & Util on 700309 & Provides Basis for Control for Chemical Wastewater Discharges at Unit 1999-08-26
[Table view] Category:EXTERNAL LETTERS ROUTED TO NRC
MONTHYEARML20203F2161986-07-24024 July 1986 Advises That No Discrepancies Found Between Draft Effluent & Waste Disposal Rept for 1984,transmitted by & Semiannual Repts Transmitted by 840828 & s ML20140A8411986-01-17017 January 1986 Forwards Application for Renewal of SPDES Permit 0004472.Fee Paid ML20080C6341984-01-30030 January 1984 Notifies That Town of Ossining Voted on 830517 to Remain in Emergency Response Plan W/Special Appeal to Westchester County to Establish Municipal Task Force.Discontent Expressed Re Emergency Communications Sys ML20082H5221983-11-18018 November 1983 Requests Assistance to Bring Pressure at State Level for Necessary Legislation & Funding for Mobile Radio District & Local Equipment.Crotonville Section of Ossining,Ny Should Be Reinstated in Town of Ossining Emergency Response Plan ML20080L6181983-09-26026 September 1983 Requests Response Re Resolution of Problem Areas Addressed in Town Board of Ossining 830815 Resolution ML20080G6411983-07-11011 July 1983 Responds to 830708 Telcon Request.Util Prepared to Support Exercise of Radiological Emergency Response Interim Plan for Implementing Compensating Measures for Rockland County, During Wk of 830808 ML20072A0111983-06-0202 June 1983 Confirms,By Ltr of Intent,Contract to Make Buses Available During Evacuation Casued by Radiological Emergency ML20072A0531983-06-0202 June 1983 Confirms,By Ltr of Intent,Contract to Make Buses Available During Evacuation Caused by Radiological Emergency ML20071Q9061983-06-0101 June 1983 Confirms by Ltr of Intent,Contract to Make Buses Available During Evacuation Caused by Radiological Emergency ML20071Q9501983-06-0101 June 1983 Confirms,By Ltr of Intent,Contract to Make Buses Available During Evacuation Caused by Radiological Emergency ML20071L9911983-05-25025 May 1983 Responds to Outlining Specific Proposals for Ameliorating Facility Offsite Preparedness Situation & Views on Emergency Preparedness Regulation.Fema Will Assist in Improving Federal Laws Re Emergency Preparedness ML20072N2421983-03-21021 March 1983 Requests Production of Documents Possessed or in Control of New York City Council Witnesses.Related Correspondence ML20071D2921983-03-0404 March 1983 Discusses Pirg of Ny 830222 Motion for State of Ny to Preserve & Produce Documents Re 830309 Exercise.Revs of Offsite Emergency Plans Sent to All Parties.W/O Offsite Scenario for 830224 Training Session.W/Certificate of Svc ML20028G2511983-02-0202 February 1983 Forwards Amend 1 to Probabilistic Safety Study.Weatherwax Correlating Copy of Amend 1 Forwarded Separately.Requests Info Re Photocopying Study in Violation of Encl Agreement. W/O Amend.Related Correspondence ML20028C7891983-01-13013 January 1983 Forwards Corrected P 4 to Marasco 830111 Original Testimony Re Emergency Response Plan ML20064J8171983-01-13013 January 1983 Forwards Notices of Deposition Directed to F Von Hippel, G Thompson,C Perrow,R Lekachman,J Geiger & V Sidel ML20069Q4861982-12-0606 December 1982 Advises of Attempted Contact Re W Fleisher Deposition.Utils Intend to Take Deposition Next Wk Re Contention 2.2(a) ML20065J9111982-09-30030 September 1982 Declines Invitation to Appear Before Subcommittee on Energy Conservation & Power.Subcommittee Investigation Is Intrusion Into Ongoing Regulatory Proceeding & Threatens Independence of Commission ML20065J6661982-09-15015 September 1982 Forwards Testing & Repair of Siren Portion of Alert & Notification Sys for Indian Point Nuclear Power Generating Plant, Per Discussion at 820908 Status Meeting ML20062K5721982-08-13013 August 1982 Opposes Congressional Investigation Re Conduct of Ongoing Adjudicatory Proceeding.Investigation Could Irreparably Impair Legal Validity of Subsequent Agency Decisions.Memo Detailing Concerns Encl ML20054L7921982-07-0202 July 1982 Attacks Greater Ny Council on Energy Lateness & Attitude Re Answers to Licensee Interrogatories.Attitude Contradicts Philosophy & Practice Governing Exchange of Info in Special Proceeding ML20054E6511982-06-0707 June 1982 Objects to Interrogatories & 0526 But Received on 820528.Deposition of Parsons,Brinckerhoff,Quade & Douglas, Inc Adequate.Remaining Interrogatories Not Proper.Related Correspondence ML20054F6191982-06-0404 June 1982 Lists Events Associated W/Aborted Highway Projects Involving County.Related Correspondence ML20053D1131982-05-25025 May 1982 Objects to West Branch Conservation Assoc 820515 Interrogatories as Untimely.Interrogatories Failed to Meet ASLB 820423 Order Deadline by Nearly 2 Wks.Response to Late Interrotagories Declined ML20009A3961981-05-27027 May 1981 Discusses ACRS Subcommittee on Metal Components 810519 Meeting in Washington,Dc Re Indian Point Reactor Pressure Vessel Flooding & Component Support Fracture Toughness ML1001407241973-04-19019 April 1973 Forwards Cl Newman 730412 Ltr to Gw Knighton ML20090E5841970-03-11011 March 1970 Confirms Discussions Between Ny Health Dept & Util on 700309 & Provides Basis for Control for Chemical Wastewater Discharges at Unit 1986-07-24
[Table view] |
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7 NEW YORK STATE CONSER'JATION DEPTwATT: 'MR. ~ BENTLEY
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March 11, 1.970
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narry G. Woodhury ,
senior Vice President
- ~ Central 0,)aratiens Consalidated Edicon Company of Neu York, Inc. -
4 Irving Placc .
Ken York, Mcw 1'ork 10003 ,
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Dear Mr. Woodbury:
2 Thic letter is to confira diccunnions bet.voan the State Health Departmcat cud Concolidated Edicon in con ~crcnco .
March 9,1970 sad prov.ide the basic of control for chenient ./
c' wastcuator dicchargco at the Indian Po;*nt #2 nucicar reactor. ,
- 1. Control of, respcasibility for, cad liabiitty resulting Cicm.any dicciv:rges rest with the Ccnaolidated 34 son '
Company. -
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- 2. No concentr.:ted unsh solutions shall be dischnrged without appropriate treatment.
- 3. All chemien1. compounds uced in the alkalino, ccid and passivation operations chalb be complotoly identified.
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- 4. Concentraticns of all cheinicals and ions chall be deccznited and reported prior to any release t.o the circulating
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% water systcc.
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wtVtL gg ~5. Allowablo of fluent conceritrations chall bo based' Rg on the lesser concent.ratione detcraincd neceptable frau either ,
.n o (n) m: tor quality aspc.ctc, or (b) toxicity to " '
Jgx crivatic ort,snisb.a. .
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kg 6. Sampling for compliance to allotmble Units vill. ".
, . coa.< bo cdaducted at the confluence of tho sheet-pile dischargo canal ,.
~q and. the Hudcon River. ,
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- f. Alle.<nbic conecuerat!. cec acsceo hemcaenoso, .
tri*tif.g D0t900n tha rin30 in-ter and (* nit ?l.cir0ulatin(t,c.$ ,,, ', .
' uator discha. rte. cor,plian;c uilt be c3 scared base ( ca tb '
r.nnim.o conecatrations ne cny point et, the cancl couth cua i.,.g i
. t.ho aversp.o conditfoa. ,
. G. The car. hod of ::ccuring, hoogenocca mixing be:.4.q, the rinso t.'acc dicchargo and circulating coolins voter is e constructica'probica of Consolidated tidicoa Ccapany. '
- 9. F20 fora dischargc of any rJnco. unter the colution vill do nixed foc hcassencity to inwi*e that samplos cre repre-sentative of contents., cud dischcrl;o reficctivo of adopling rczuits. .
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' I i 10. Eio-acacyc ulll be condue:cd by Conectidated -
Edison Company on the cihalino unch solution pra,soccd for -
, contro11cd rolecca utilising native fish populations sad Hudson River.kater. ,
.- 11. Bio-escaya vill bc conducted using,=cthodology s
acceptablo to the Ucw York Stato consetvntion Departmonc.. '
- 12. Alloca51a usritata nffluent concentrationa, based '
. on water quclitj, of nitros.cn en n, and phosphorous os ?, sro 2.0.
' - K. g c3/1 and 0.5 :aa/l respectivaly. . . . .
- 13. l.cid'unsh cnd pcseivation operationo ah:11 not be '
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[c .(.) con?.tetod unlesc cdequate on-site storece is. cvaitchic for -
cc:gicto rotent.ica oC rcculcant teach waterc.
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14.
j@ 1:act restrictive Dischcrgo water quality ratocor will be dotorcined toricity control uich bcned cn upon the .
s oppropricto factor of =cfc:.y. ,:
- 15. There chall be na dhchcrwo of any colutions <>.
without prior notificeccion. of tho &v York. Staco Domect:ent oC .
Eccl.th nnd a dcccrutant.icn by the New 'g'cri:. 3:nto Departe:ca of .
H:cith 'cr the cceeptability orche propoucd diccharao roque:tc.
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- Cv~c tic aboervntians OC d-1.nebarg.ca nw] r.r.c 31ios. of the di.scharte t.> the iludeo;; P.!vec vill. be conA.ccw: by pern'mnel. -
. of. bathi the 1;c.4 Yor'.: St. ate I:ccit.h i.opartment. .Uhite .Plahm !!osf oust
.0/ffico, nn.! t he tier.tchoctor County repartte. cat. of licolth. Ho 5 'I
- dit.cbart,o shall be caanonced uJ chout. the prior' no:It'ichcisn of .
. both these off1ces. ,
<. .e.;:.. , . .
't The :t.v.scoprietc ocaalo to cont r.ct. crc. .
Quinn, Acting, Chief Thea.w F..
.,itz, 2ndustrial F*.ciltty Section .#.S 1: ?" ' .
New York Statc Dealth :Np.dtnent , Albany . 7.i:.A John Iberican . ... s.,. .
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i Uhito Plainn llezional Offico, White Plains- . ',
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Director, Divicion' of .tviiora2ntai Sanit.ccion ,
Uostchector Count.y licolth* bcpartcant, Whi.ec Pictns Very truly yours, ,
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'ixcor.a F. flocbald , P 6. -
' Associato T:fractor Division of Purc Watern
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. cc. G. Co::hord , Can. Ed. , ;icw York -
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F 9. F.cTLucc, , Con. F.J. , P.uchcrian hbite Plains i egional Of fice, Att:
Mr.11errison .
' k'estchcoter County Health Oc'sarte.ent , fat . - 1;r. Weber ,
- l'ew Yor'. f.catic Conticrvation Doportcent - At.t: Er. Eentley.
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/ HUDSON HIVER FISIIERMEN'S ASSOCIATION
} 46 o 1g99 Ossinin8,san 2s New York 10562 Refuse Act outline
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a notary or other officer authorized to administer oaths,
- 1. What is Prohibited and Where The 1800 Refuse Act is a setting forth; ,
pow;rful, but little used, weapon in the Federal arsenal of water (a) the nature of the refuse material discharged; .
pollution control enforcement legislation. Section 13 of the Act (b) the source and method of discharge; (Titti 33, United States Code, section 407) prohibits anyune. (c) the location, name, and address of the person or including any individual, corporation, municipality, or group. persons causing or contributing to the discharge; from throw...g. discharging, or depositing any refuse matter of (d) the name of the waterway into which the dis-any kind or any type from a vessel or from a shore based buifding, charge occurrr J:
structure, or facdity into either (a) the nation's navigable rivers, (e) each date on wnich the discharge occurred; takes, streams, and other navigable bodies of water, or (b) any (f) the names and addresses of all persons known to tributary to such waters, unless he has first obtained a permit to y u, including yourself, who saw or knows about do so. Nasigable water includes wat'er suf ficient to float a boat or the discharges and could testify about them if log it high water This section of the Act applies to inland waters, "C"SSU'YI co:stal waters, and waters that flaw across the boundaries of the (g) a statement that the discharge is not authorized Unit;d States and Canada and Mexico. by Corps permit, or, if a permit was granted, The term " refuse" has been broadly defined by the Supreme state f acts showmg that the alleged violator is not Court to include solids, chemicals, oils, and other liquid poi, complying with any condition of the permit; lut nts. The only materials excepted from this general prohibition (h) if the waterway into which the discharge oc-are those flowing from streets, such as from storm sewers, and curred is not commonly known as navigable, or fr:m municipal sewers, which pass into the waterway in liquid as a tributary to a navigable waterway, state facts form. to show such status;
- 11. Permits to Discharge Section 13 of the Act authoriics the (i) Where possible, photographs should be taken, Secretary of the Army, acting through the Corps of Engineers, to and samples of the pollutant or foreign substance permit the deposit of material into navigable waters under cond;. collected in a clean jar which is then sealed.
tions prescribed by him. Regulatiots gove ning the issuance of These should be labeled with information show-permits are pi.blished in Title 33 of t% Code of Federal Regula. ing who took the photograph or sample, where, tions, Part 209. and when, and how; and who retained custody of 111, Penalty f or Violations - Violations of the Refuse Act are the film jar.
subject to criminal prosecution and pena ties of a fine of not more than S2.500 nor less than $500 for each day or instance of C, When a citizen furnished information to the U.S.
violation, or imprisonment for not less than 30 days nor more Attorney for the purpose of aiding in the prosecution of violators of the Refuse Act for past discharges, the citizen than 1 ycor, or both a fine and imprisonment (Title 33, United States Code. Section 411). A citizen who informs the appro- should also urge the U.S. Attcrney to seek injunctions under the same Act to preclude future dischar5as, or other priat2 United States attorney about a violation and gives suf-orders to require the dischargers to remove pollutants ficient information to lead to conviction is entitled to one-half of the fine set by the court. (See section V of this outline.) already discharged. More frequent use of this authority by the Government, together with criminal sanctions, will IV. Procedure for Citizen to-Seck Enforcement of Refuse have lasting pollution control results.
Act A. The citizen having information about any discharge of .
rufuse mto navigable waters should Ost ascertain whether V." Qui Tam" suits Where a statute, such as the Refuse Act, O the ducharge is authorized by Corps permit. If a permit is provides that part of a fine shall be paid to citizens who furnish in effect, the citizen shculd endeavor to ascertain whether suf ficient information of a violation to lead to a conviction of the the permittee is comply;ng with its terms. This informa- violator, and the Government fails to prosecute within a reason-R tion can be obtained from the appropriate office of the able period of time, the informer can bring his own suit, in the S Corps of Engineers with jurisdiction over the particular name of the Government, against the violator to collect his p waters into which the discharge occurs. Such information portion of the penalty. This is called a " qui tam" suit. The in-3 is avaDable to the public under the Freedem of Informa* former has a financial interest in the fine and therefore can sue to il tion Act (5 U.S. Code 552; Public Law 90 23), collect it. The Supreme Court has upheld such qui tam suits.
S. The Refuse Act specifically directs that the appropri- Some of these decisions are cited in the Report of the House ate United States attorney shall " vigorously prosecute all Committee on Government Operations (House Report 91917, g
3 of fenders." (Title 33, United States Code, seclion 413 ) i n March 18,1970) entitial "Our Waters and Wetlands: How the
$ order to do so he needs adequate informatIon to prove Corps of Engineers can help prevent their Destruction and Pol-
@ that the discharges were made and that they vio;ated the lution."
E law or the conditions of the permit. Furfhermore, the The United States district courts apparently have exclusive h statute specifies that the citizen's right to Qne-half
- of the jurisdiction to hear and decide such suits. (Title 28, United States i
j fine is conditioned on his providing to the/U.S. Attorney Code, section 1355.) In such a qui tam suit, the citizen must
- information sufficient to / cad to a cony /crion of the prove that the alleged vio:ator did,in fact, violate the Act.
/I If the citizen should lose the suit, he probably would have to violator.
in providing information to the U. . Attorney, the bear the cost of suing including his lawyer's fees.
Outline courtesy of Rep. M havr Harrington (O . Moss.1 cntizen should make a detailed statement worn to before i a
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V b, g@%q9 Q HUDSON RIVER FISIIERMEN'S ASSOCIATION ,
h Box' 725 3 ~d 9 _ D. 3
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> e ef i l 'w PAYTOTjlE om., cg h . g i OpDE,ROlHUCSCh 5**20CC CC rm % un ggg RIVER FISHERFENS ASSN
!)b 09 16 70 C/C kHITNEY NORTH SEYNOUR JR ESC TREASURY ACCOUNTS i f N
h, NEh NY 10007 Sports IHustrated ocTossais,so7e Fishermen Get $2,000 for Pollution Case Help SCORE By CRAIG R. WIIITNEY I U* S' Shares Penn Cenfrc!' times t stop discharging the The Federal Government waste material.
gave the Hudson RMr Fisher, fine With Nadson Group According to the suit, sludge men's Association a eneck for O'1 parts of the floor of Foun-
$2.000 yesterday for its help in That Cape In[ormation dry Cove has a cadmium con- Edited by ROBERT CREAMER obtaining a conviction of the tent of as much as 17 parts Pm Central railroad for pol- i per hundred, which. If not re-lutmg t'n riverat Harmon N.Y. yesterday against a battery moved, could flow into the Hud. MUTINY wlTH A BOUNTY
.,h David Sive. the lawyer for: company in Cold Spring N. Y.,' son for many years. But mark up a victory for conservation,-
6 t; the group. said that as far as,for allegedly dumping cadmium. The maximum amount of cad- too' When we.left the Hudson River 1:M he or United States Attorney.a poisonous heavy metal, into mium permitted in drinking ig Whitney North Seymour Jr.j Foundry water by the United States Fishermerfs Association (SI, Feb.16), -
could destmine a privateH or.! udsen Putnam m,County.
Cove, anPublic inlet Health of theService is 0.01 the Penn Central Railroad had pleaded .
%. e ganizatkn had never beforel The suit. against Marathon; parts per million, the suit says. guilty and paid $4,000 in fines for dis-l9 Battery Compan and its
.N been pollutiongivca cre ;under art ofthe a fine in al general manager,yM. L. Casis jThe Refuse from anyCovecharging oil into the Hudson at Har-location of Foundry well downstream iO Act of ITM The fishermen's sotta, seeks a court order to point at wh!ch the Hudson mon, N.Y. Yet members of the HRFA, i
2 organization had given the force the company to stnp let- is used m water supplies, Mr. who had for years screamed-about the aM Government mformation that ting ca:imium and other refuse Seymour said. .
M had led to the prosecution, escape into the river and to .His grand jury investigation, railr ad's v.iolation of the 1899 Federal
'C Mr. Seymour, who presented dredge the cove to remove what he explaiced, would be co- Refuse Act, were near revolt. A little-the money to Mr. Sivo at the is there already. ordinated with the work of known clause in this seldom-enforced
,icp/, Federal Court House in Foley Like many Federal prosecu- both state and local govern-Square said the railroad had tions of polluters, this one was ment agencies, but was started law says that half of any ,ne p shall be
,Q pitaded guilty last October, be- based on information provided because of
- increasing concern paid to the person or persons reporting ,
'M fore Mr. Seymour took office, by another Government with the effectiveness of exist- the polluter, but some federal officials O to discharrin; fuel oil into the agency, in this case the Army ing enforcement in the water were irying to pretend the HRFA had
% river, and had been fined Corps of Enginees, which, ac. poilution field." No specific tar,
- [; $t000. cording to the suit, had warned gets of the grand jury were nothing to do w,th i the case. Now j,us-
.n Mr. Sive said h:. s group wouldt he Marathtn company three mentioned. tice has triumphed. U.S. Attorney Whit-ncy North Seymour Jr.of New York pre-k ntin e i wo k gain po1 lution of the Hudson. sented the HRFA with a treasury check
,6
'M New Investigation Begun ,, for 52,000. According to Seymour, a new
)M Mr. Seymour announced that 8 special Federal grand jury li d
h ph appointee who himself urged the Gov.
crnment to pay up, this is the first time
% was empaneled yesterday to be. "i" a N= gM ld!!.La[k ly a private group has ever received the to M
gin an investigation of viola-tions of the Federal water pol. Q p $ bounty ordered by Congress 71 years M lution laws in southern New ago.Said a happy Richard Garrett pres-y York State, the judicial district' ident of the HRFA: "We're going to c ed ny Mr. Seymour's " '
- W W OO m @ O W m dl f ' j';
'E , Ha is .bnown as a conserva- '%
tionist by avocation and has es-.
g Gh gQ I , but what's really important is not the amount but the precedent. Now other tabbshed a special antipollution' .
section of five prose:utors in people on any other body of water m his office.
-The special unit brought siJt i
ly" 1 the country can go after a polluter just; as we did and collect a reward for their '
A troubles." -
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< 1 IIUDSON RIVER FISIIERMEN'S ASSOCIATION "f. !
Box 725 . \.
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...... f - s Ossining, New York 10562 N ..,
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- THE NEW YORK TIMES, l N) 3 h
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TUESDA Y MARCH 17,1970
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ll 7~ c& Con Ed Says a i It May Be Forced
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i In answer to questions about-
'-, fish kills near the Indian Point
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b nuclear plant. Mr. Luce 3ald
' there had been no nuclear con-tamination involved and he of-fered to replace the more than 200.000 fish estimated to have been killed in two separate in.
[' cidents since Jan.1.
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that with "hindninnt e enm-pany cou]d have done more to
, prevent such events.
F We have only been
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~y i "So that's *where it goes! Well, Pd like to thank you fello ws for bringing this to my attention. .
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