MAMAKATING – The Basha Kill Area Association, the local environmental group, has again filed suit against Yukiguni Maitake Corporation of America (YM) in order to force YM and the Town of Mamakating Planning Board to issue a supplemental environmental impact statement. At issue is the reconfigured design of the facility, which initially called for approximately 450,000 gallons of water per day to be extracted from the local aquifer, but now will have the plant discharge about three quarters of this water back into the ground. The BKAA is concerned that the retention pond the company wants to build in order to hold this water may have a negative impact on the Basha Kill's unique and somewhat fragile ecosystem.

"We brought this lawsuit to challenge only the revisions of the site plan," said Alex Smith, attorney for the group.

YM will be using an infiltration basin to capture approximately 250,000 gallons of water per day.

Because of this, the group contends, YM should be forced to issue another report to review the basin's effects on the aquifer, the environment, and plant and animal species. The BKAA is worried that this discharge, though it is unlikely to be toxic in any way, could contain mushroom spores or other elements which could, over the long term, have a harmful effects on the Basha Kill and the Shawangunk Ridge.

There is also a concern with storm-water mitigation and the possible flooding effects this type of discharge might have when the ground is highly saturated, for example during the spring rainy season. This type of catch basin doesn't appear to exist anywhere else in the United States; YM, as of yet, has been unable to cite other, successful examples of this type of discharge system.

Paula Medley, president of the BKAA, stated that, all along, through two public hearings, the BKAA and its consultants have stated that it "feels that the changes to the site plan are significant enough to warrant an additional environmental impact statement."

Medley also stated that the area in question has been recognized by county, state, and even federal agencies as to its unique nature. Medley says that it is ironic that local authorities seem somewhat recalcitrant when it comes to protecting it.

However, the BKAA says that it remains committed to protecting the Basha Kill, despite the string of legal victories YM has won.

"We're going to [continue to] monitor and review everything that occurs with this project," Medley said. "We're going to remain extremely focused, and, despite rumors to the contrary, this [plant] is not a done deal," Medley said. "We contend that there are many problems with the plan which have not been addressed," she said.

The next step will be what is known as an "Article 78" proceeding, a rule which allows individuals and organizations to appeal decisions made by state and local agencies. The suit is currently scheduled to come before a State Supreme Court judge on February 23.

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