NEWBURGH - The City of Newburgh commenced a citizen suit under the Clean Water Act to protect its water supply which provides potable water to the City of Newburgh and the Town of New Windsor. The complaint filed in the United States District Court for the Southern District alleges that the defendants, the developer of a subdivision in the Town of New Windsor, violated the Clean Water Act by discharging pollutants in excess of New York State Water Quality Standards and by failing to follow its stormwater pollution prevention plan.

The suit names Sarna Enterprises, Inc., Mt. Airy Estates and New Windsor Development Company among the defendants. 

“The city will take any and all appropriate measures to protect our water supply and watershed,” said Acting City Manager Dwight Douglas. “Unfortunately, this is not the first time that this developer has violated its permit requirements.  We have an excellent water supply system and we are confident this action in the federal court will ensure that our water quality is preserved and protected.”

The development activity which has been ongoing since 2003 occurred on lands adjacent to Brown’s Pond. The development is alleged to have resulted in discharges of stormwater runoff that appeared chocolately brown in color in violation of the turbidity standards under state and federal law. The complaint also alleges that the developer violated the terms of DEC regulations and permit requirements; and failed to provide sufficient treatment to stormwater discharges among others.