Seneca Nation Appears Ready for Legal Battle Over River Pollution

By Isaac White

In a significant environmental stand, the Seneca Nation has initiated legal preparations against the City of Olean concerning repeated wastewater discharges into the Allegheny River, alleged to contravene state environmental regulations. The Nation filed a notice of claim—a legal prerequisite signaling intentions to sue a municipality—citing ongoing environmental neglect.

Addressing the situation's urgency, Seneca Nation President Rickey Armstrong Sr. underscored the enduring struggle to protect the river, revered as Ohi:yo’by the Senecas. “The river, which we call Ohi: yo’ has been under decades of attack in the form of the continued, dangerous, and unlawful discharges. The health and safety of Ohi: yo’ and the many people who utilize and depend upon its waters, including the Seneca people and many of our neighbors, must be prioritized and protected,” he emphatically stated in comments reported by the Olean Times Herald.

The legal notice elaborated on the environmental impact of the discharges, noting elevated levels of fecal coliforms, bacteria, and nitrates. These pollutants have not only degraded the river's water quality but also significantly interfered with its ecological balance and usability by the Nation and its members.

The City of Olean's wastewater treatment plant has faced recurring challenges over the years, necessitating multiple interventions and directives from regulatory authorities. Since the early 2000s, the plant has been the subject of several consent orders issued by the New York State Department of Environmental Conservation (NYSDEC). These orders mandated the city to undertake substantial upgrades to its wastewater infrastructure, aimed at curtailing the discharge of untreated sewage into the Allegheny River.

Despite these regulatory measures, the plant's operations have been plagued by significant discharge events, particularly during periods of heavy rainfall. The state's interventions have resulted in more than $22 million being allocated for overhauling the plant and a continuous requirement to invest in sewer line repairs and upgrades annually, reflecting a structured attempt to mitigate the environmental impact and comply with state environmental standards.

President Armstrong also articulated a readiness to extend the legal battle to the courts of the Nation if necessary, aiming to ensure stringent adherence to environmental laws and regulations. “We have a physical and cultural connection to Ohi:yo’ and it is our responsibility to defend the river,” Armstrong explained, emphasizing the sacred duty to protect these waters as the Olean Times Herald reported. “In fulfilling our sacred responsibility, we want to make sure that the City finally honors its own responsibility to comply with the laws and permits that call for the safe and responsible operation of its facilities. The river and the concerns of the Seneca people cannot be dismissed and ignored, leaving us to live with the impacts of the City’s illegal and dangerous discharges.”

On the city’s part, Mayor Bill Aiello expressed an understanding of the gravity of the issue and detailed the city’s proactive measures to address the situation. “We understand the importance of this matter to our residents and neighboring communities, including the Seneca Nation,” he said. “The City is currently in the process of preparing a request for proposals to hire an engineering firm to assist us in addressing the situation,” as the Olean Times Herald noted.

The notice is the latest in a series of actions by the Seneca Nation, reflecting a growing frustration with the persistent environmental issues and a commitment to safeguarding their sacred natural resources. Historical context reveals that since 2013, when the state began mandating public reporting of such discharges, Olean has reported 14 incidents. These incidents have spotlighted the challenges of aging infrastructure and extreme weather events, notably heavy rainfalls, which have increasingly overwhelmed the city’s wastewater systems.

As the Seneca Nation and the City of Olean brace for possible legal engagements, the situation will be looked at closely, searching for resolutions that will restore and preserve the health of the Allegheny River for future generations. Both parties recognize the complexities involved and the need for sustainable solutions to protect this vital waterway, which is crucial to the ecological and cultural fabric of the region.