Peconic Baykeeper Files Federal Lawsuit To Enforce Clean Water Act

On November 8, 2004, Peconic Baykeeper commenced action against Suffolk County under the citizen suit provision of the Clean Water Act for:

• Illegally ditching wetlands
• Discharging pollutants through mosquito ditches into estuarine waters
• Discharging highly toxic pesticides into surface waters

Kevin describes the Suffolk County Division of Vector Control as "spending millions of dollars a year in efforts to control nuisance mosquitoes using failed and ecologically destructive methods that destroy habitat, kill fish and wildlife, and degrade water quality. Vector Control defends this wasteful program by raising the specter of mosquito borne diseases. In fact, protecting the public from disease is only a small part of the County’s program, but the County has consistently refused to distinguish between nuisance and disease control unlike New York City and Connecticut that have adopted effective methods to protect public health and the environment.”

Peconic Baykeeper fully supports the protection of public health and has urged Suffolk County to continue those portions of its program that have known benefits. For years Suffolk County has rejected this balanced approach, instead arguing for an all or nothing program principally directed at nuisance control. This irresponsible approach wastes taxpayer money, destroys the environment, and accomplishes little to nothing. For example, for 2004-2005, Vector Control is seeking or has obtained permission to expand and reconstruct 150 miles of ditches in our tidal wetlands that are ineffective in controlling mosquito populations. Suffolk County has rejected Baykeeper’s pleas to reduce this “water management” program to the rare instances where roads and other structures have fragmented wetlands, creating stagnant pools where the potential vectors of disease breed. Suffolk County’s claim that it will only do what is necessary is belied by its unrestricted scope of work.

Wetlands provide a critical function to the estuaries by providing diverse habitat and naturally filtering tidal and fresh water. Mosquito ditches act as conduits, draining pollutant-laden stormwater directly into the bays. Fecal coliform bacteria and other pathogens, which are discharged through these ditches, threaten public health by contaminating shellfish and lead to the closure of bathing beaches. Furthermore, Suffolk County’s toxic pesticides, which are directly applied over wetlands and conveyed through mosquito ditches, are killing marine life and disrupting the food web that is critical to the health of our bays.

More information on our legal initiatives pending...