The federal government denies reimbursement to the City of Newburgh for expenses related to the polyflouroalkyl (PFAS) contamination at Stewart Air National Guard Base, in a letter from January 29.

A claim for damages issued by the city was denied, now the city is continuing to push forward in litigation against the federal government from 2018.

The contamination dates back to May of 2016, when the City of Newburgh’s drinking water reservoir, Washington Lake was discovered to be contaminated with PFAS from Aqueous Fire Fighting Foam used at the air base. The contamination was discovered at Recreation Pond next to the base, which then moved through Silver Stream, into Washington Lake.

The City of Newburgh filed a lawsuit against the federal government in August 2018, the litigation is continuing. According to Michelle Kelson the claim denied by the Department of Defense last week has been added to other ongoing litigation against the federal government.

“Last week the DOD denied one of the city claims under the federal claims act,” said Michelle Kelson, Corporate Counsel. “That was disappointing, there was an opportunity there, the DOD denied that opportunity. We will be moving forwarding in the next phase to amend the federal complaint to include those clauses of action into the existing complaint.”

The city is currently running on clean water out of Brown’s Pond until further notice. According to Water Superintendent Wayne Vradenburgh, the water department is monitoring the pond daily and the water level remains overflowing. The City has the ability to move back to the Catskill Aqueduct, but remains on the Brown’s Pond to mitigate potential extra costs to New York State.

“I imagine some of the concerns and issues may be a claim that was denied obviously corporation counsel and outside counsel is doing amazing on the claim in this regard the city is going to remain vigilant in its efforts,” said City Manager Joseph Donat. “We will not rest until our water source is cleaned up and our water is safe and this issue is resolved. Whether or not that means amending our complaint taking and further action I’m not going to comment on the litigation but I’m going to tell you that our position has not changed nor will it.”

Legislators on the State and County level have continued to work for the City of Newburgh through the water crisis. Assemblyman Jonathan Jacobson pushing for the implementation of new water standards as recommended by the New York State Drinking Water Quality Council.

The council recommended new standards of 10 parts per trillion (ppt) for PFOA, 10 ppt for PFOS, and 1 part per billion for 1,4 dioxane. The current Federal recommended limits are 70 ppt for PFOA and PFOS. There are no current Federal standards for 1,4 dioxane.

The Department of Health has to file a Notice of Proposed Rulemaking in the State Register to move forward with creating new water standards. Jacobson sent a letter to the commissioner urging they initiate the review process as soon as possible.

“Given the lack of action by the Trump Administration and their lack of commitment to high water standards, it is imperative that New York State adopt these proposed water standards as soon as possible,” said Jacobson. “As a resident of the City of Newburgh, which is unable to use its water supply due to high levels of PFOA and PFOS, the need for these new standards is not just theoretical, it is personal to me and my neighbors.”