November 18, 2009
HORSEHEADS -- The court case by "People for a Healthy Environment" against Schlumberger and the village of Horseheads is set to be heard December 18.
The petitioners are claiming the village acted too hastily and ignored key issued presented by the Department of Environmental Conservation.
A letter obtained exclusively by WENY-TV News shows that the DEC issued at least one notice of violation to Schlumberger because it hadn't obtained all the appropriate permits for its operations at the site in Horseheads.
The Village of Horseheads knew Schlumberger didn't have all the permits they needed and had been issued the notice of violation at least two weeks before the board of trustees approved the Schlumberger project.
"The fact that they are discharging into the wetlands through their operation without a permit for the industrial activities is a violation," said the environmental group's attorney, Helen Slottje.
Schlumberger is planning to build a storm drainage pipe that empties into Catherine Creek, which is why they need the permit that they haven't obtained.
The group claims that the notice of violation proves that if Schlumberger didn't know it needed the permit, or simply didn't obtain it, it proves the village and Schlumberger hadn't adequately considered all the environmental impacts from the Schlumberger project.
She also said the group has a number of other concerns that were never adequately discussed such as plans for a railroad project and connector road.
Village attorney John Groff claims that the village is not responsible for making sure Schlumberger has all the appropriate permits.
"The village is not responsible for Schlumberger going through its permit application procedures. To assume that the village knew or should have known is basically an excessive assumption on your part," he said.
But Slottje disagrees.
"It was their responsibility as lead agency in a SEQR review to consider the outfall pipe as part of their overall review. They were charged with, they asked to be lead agency in this case."
WENY-TV News contacted Schlumberger about the story. Its public affairs officer said he was unable to respond because he was out of the country and simply said he was confident in Schlumberger's project planning.