APRIL
23 2021
43% Of Seneca Nation threatens Erie County to sue village over residents have sewage discharges received at least one dose of COVID-19 vaccine
BY JIM ECKSTROM
The Seneca Nation is pu ing communities both up and downstream of its territories on notice that it intends to fi ght to protect the waters that run through its land. The Nation has notified the Village of Portville of its intent to take legal action, citing the Clean Water Act, over what the Nation says is failure to abate persistent discharges of sewage into the Allegheny River — the Ohi:yo’ to the Seneca people. In a press release Thursday, the Nation said it sent a notice of intent to sue the village “for discharging solids and fecal coliform, among other things,” in excess of legal limits from January 2015 through the present. “As Keepers of the Western Door and historic stewards of the environment, the Nation has been both greatly dismayed and significantly harmed by Portville’s flagrant disregard for both the le er of the law and the health and wellbeing of its downstream neighbors,” the press release stated. Seneca President Matthew Pagels said clean, safe
wastewater treatment plant into Dodge Creek, a tributary of the Allegheny, have violated the terms of its state discharge permit for more than five years. The Nation intends to sue for all Clean Water Act violations and is seeking civil penalties for any additional violations discovered in the future — including during the course of litigation. In addition, the Nation will seek an injunction in an effort to halt the continued illegal discharges, as well as costs, a orney and expert witness fees and “any other additional relief” that a judicial proceeding might determine to be appropriate. “Due to the persistent nature of these violations, it is likely ongoing violations will occur if no legal action is taken,” Pagels said. “To date, neither the state nor federal governments has taken action to right this egregious wrong.” Pagels said the Nation has taken ma ers into its own hands and is “doubling down” on its efforts to protect and restore its waterways.
water is a basic human right. “The Seneca people have a longstanding tradition of fi shing, hunting, gathering, swimming or simply relaxing in and around the Ohi:yo’,” he said. “Polluting the waters that pass through our land is nothing short of an insult to our Nation and something for which we will not stand.” He said “Ohi:yo’” in Seneca means “beautiful” or “good” — “and we intend to make sure that description is accurate.” Portville Mayor Anthony Evans told the Times Herald Thursday that the Senecas’ notice “has really caught us off guard” and that the village was unaware of any serious issues. “As a ma er of fact I notified the engineers we’re working with about it ... they’ve never heard of this,” Evans said. “People would be hard-pressed to think that Portville can affect anything economically or environmentally downstream. We’re not that big. We don’t have that much impact.” Citing the U.S. Environmental Protection Agency, the Senecas say excessive discharges from the village’s
Seneca Nation continued on ... page 4
cates that COVID-19 vaccination is working to prevent positive COVID-19 cases and illness. There is still a large part of Erie County’s population, including children under age 16, who are susceptible to COVID-19 infection. Vaccination is a powerful tool to prevent the spread of this disease and it is heartening to see our coverage rates increase each week.” COVID-19 Variants of Concern– Genetic sequencing by the Genomics and Bioinformatics Core in the University at Buffalo Center of Excellence in Bioinformatics and Life Sciences detected several variants of concern in samples from Erie County residents this week. These included B.1.1.7 “United Kingdom,” B.1.427 “California,” and B.1.351 “South Africa.” Two of the B.1.1.7 sam-
ERIE COUNTY, NY – The Erie County Department of Health (ECDOH) is providing an update with COVID-19 case investigation fi ndings, information about variants of concern, and COVID-19 vaccinations administered to date. COVID-19 Case Investigations– From COVID-19 contact tracing interviews completed for the week ending April 10, 17% of newly diagnosed COVID-19 positive people who were contacted reported having received at least one COVID-19 vaccine dose, and only 2% of people contacted reported that they were fully immunized. “Despite the increase in new daily COVID-19 cases, this fi nding from case investigations is part of a positive trend,” said Commissioner of Health Dr. Gale Burstein. “This set of interviews indi-
Erie County continued on ........ page 6
Borrello: NY Dept. of Labor must report scale of jobless claim fraud ALBANY — With the state’s unemployment fund depleted, more than $10 billion in debt and plagued by reports of rampant unemployment fraud, state Sen. George Borrello called on the Department of Labor to release fi gures on the amount of confi rmed and suspected fraudulent claims paid out over the past year. “As we emerge from the pandemic, it is crucial that we have full transparency in all aspects of state operations that have been integral to our crisis response,” Borrello, R-Chautauqua County, said in a press release Tuesday. “Our unemployment in-
Borrello continued on .............. page 2
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