by Maggie Fazeli Fard
Published in Community Life, April 15, 2008
Scott Beh can’t sleep when it rains. It’s an odd quality, and one that he developed only a year ago. Exactly one year ago.
On April 15, 2007, while on a trip to Louisiana, Beh received a call that a severe storm barreling through the northeast had hit River Vale and that the basement of his Charles Court home was flooded with 7.5 feet of water. His family had been evacuated.
In the days that followed, the rains began to subside and the Beh family discovered the extent of the damage, which would amount to more than $100,000. Beh received $15,000 from FEMA and $15,000 from insurance, leaving him to shoulder $70,000 in home repair costs.
“Everything was totally destroyed,” Beh said, his voice shaking. “Totally ripped out. Totally gutted. I had kayaks in my living room… I have nothing.”
Ever since, an unfavorable forecast or the pitter patter of rain against a window keeps Beh awake at night, and he finds himself pacing back and forth, monitoring water levels in and around his home.
“I just want to sleep at night.”
Beh’s story may be tragic, but it is also a dime a dozen in River Vale: Arnie Diskin, a resident of Charles Court in River Vale, said his home had never flooded before last April in the 30 years he’s lived there. Seventy-eight-year-old Luis Morales, who has lived on Charles Court for 29 years, corroborated Diskin’s claim, adding that last April’s storm put four feet of water in his house. Jeff Lewis of Claus Lane lost his basement and first floor to the flood waters. Peter Stokes said his parents built his River Drive home 47 years ago and it only flooded once, when he was 8 or 9 years old.
And they all agree on one thing.
“Somebody made a bad decision,” Stokes told the River Vale Mayor and Council on March 24. “That person needs to be held accountable.”
That somebody, the residents claim, is United Water, and they want action. They’re not alone.
April 15 – 16, 2007
For four days last April, the northeastern part of the country was pummeled by a nor’easter that dropped unseasonable snow to the north and west and record amounts of rain closer to home. The Pascack Valley was hit hardest between April 15 and 16, with more than eight inches of rain recorded.
While the area had received considerably more rain than this in the past, the damage was unlike what had been seen before. Yards, basements and garages were flooded, residents were evacuated from their homes, and it was not uncommon to see boats traversing waterlogged streets.
Many in the area have blamed the damage on United Water, claiming that the water utility ignored weather forecasts for days preceding the storm by declining to release some of the water from the Lake DeForest reservoir, which is located in New City, N.Y., north of West Nyack and the New York State Thruway. Instead, as the rain fell, a large amount of water was released from Lake DeForest into areas of New York and, by default, northern New Jersey.
In the aftermath of the storm, United Water fielded accusations of negligence, stating plainly that the company is not responsible for flood control. Spokesman Richard Henning stated numerous times that the company could not rely on weather forecasts; if rainfall estimates had been incorrect, releasing water from the reservoir could have resulted in a drought that summer.
“We saw eight inches of rain in a relatively short period,” said Henning in a phone interview Tuesday. “The dams are not built for flood protection.”
Additionally, he said, United Water does not arbitrarily choose to release water during a storm; the dam’s gates are set to release water automatically when water levels reach capacity.
“There is no choice,” he said. These gates are automatic. We don’t release water. Water comes.”
Henning said that the most important thing for residents to know is that locking the gates would not hold the water back. At a certain point, the water level would compromise the dam.
“Based on the amount of water coming in, the gates came down,” said Henning. “If the dam had not been there at all, there would have been the same amount of flooding.”
One year later
Last month, about 30 residents and business owners in West Nyack, N.Y. filed a $60 million lawsuit against United Water New York, alleging negligence on the part of the utility in allowing water to be released from the reservoir during the nor’easter.
On Monday, River Vale’s governing body expressed interest in possibly joining West Nyack’s mass-action suit.
“When I was first approached [by residents],” said Mayor Joseph Blundo at the April 14 meeting, “my first thought was the township shouldn’t be the lead plaintiff. My opinion has started to change. There may be a legal hook to have a case against United.”
Township Attorney Holly Schepisi said that she had reached out to Kevin Mulhearn, the Orangeburgh-based attorney representing the West Nyack group. The crux of the argument, she said, rests on the legal standard that the owner of a dam is responsible for properties downstream if the damage is worse with the release of water than it would have been without the dam present. According to Mulhearn, she said, the amount of water that flooded the houses was greater than the amount of rain that fell on the area.
According to the complaint, filed in the New York State Supreme Court in New City, United Water was negligent in not releasing water before the storm despite forecasts and the reservoir’s being filled to capacity. The complaint also alleges that faulty equipment prevented the company from effectively monitoring water levels and knowing how much water was being released.
“If residents are interested in sitting down and hearing what he [Mulhearn] has to say, we can facilitate that,” said Schepisi. She said that a town meeting with Mulhearn, who would discuss legal standards and possible remedies with residents, could be arranged in the Community Center for as early as next week.
Additionally, Schepisi, who is licensed to practice law in New York State, said she would research the township’s legal options.
If residents or the township decide to follow through on taking legal action, the suit would be brought against United Water in New York, since that is where the flood waters originated.
Councilman Dwight de Stefan promised to reach out to Assemblyman John Rooney and Senator Gerry Cardinale for information on taking action on the state level to make United Water and other utilities more accountable. He said he would also try to arrange a town meeting with Rooney and Cardinale.
Less dramatic measures by the township include plans to de-snag the river and to have the police department monitor water levels.
The governing body’s plans were met by raucous applause from upwards of 40 residents who attended the April 14 meeting, but Council Vice President Mark Bromberg attempted to maintain a realistic outlook.
“We’re contemplating taking on Goliath,” Bromberg said. “We don’t have a magic slingshot.”
Tagged: environment, new jersey, politics, river vale