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Commission questions state after DEEP issues surface‑water discharge permit for Mile Creek site; trial date set
Summary
Staff reported that the state issued a new surface‑water discharge permit to the Mile Creek site owner, prompting concern from commissioners while litigation continues; a trial management conference is set for July 17, 2026, and staff said he will press the state for records explaining the permit decision.
Commissioners on June 23 received an update on the long‑running 308‑1 Mile Creek matter and expressed concern after staff said the state issued a surface‑water discharge permit to the property owner.
The wetlands enforcement officer told the commission that counsel Ed Cassella had scheduled a trial management conference for July 17 to set a trial date in the ongoing case. Separately, the officer reported he had only recently learned that the state agency (referred to in the transcript as "D," consistent with the state environmental permitting authority) had issued a new surface‑water discharge permit to the site; he said he first saw the permit last Wednesday and was not satisfied with the agency's explanation for issuing it.
"I will continue to press on that," the wetlands enforcement officer told the commission, noting he had asked the state for records and an explanation about why the permit was granted given prior representations that a new permit would not be issued.
Commissioners stressed that the town needs clearer information about the permit record and whether the state solicited local input. They discussed monitoring the site after rain events for evidence of sediment entering ponds and downstream waters and reiterated the town's strategy of seeking a court judgment and bond to ensure future compliance; staff said the court action remains the vehicle to secure enforcement remedies and financial assurance.
The commission asked staff to circulate any documentation the town holds about the state's certification and to continue communications with counsel and the state. Neighbors attending the meeting were told to alert the commission if they observe silt or sediment leaving the site after storms so staff can consider immediate corrective notices.
Next steps: trial management conference July 17; staff to obtain and circulate the state permit record and to coordinate post‑storm monitoring with neighbors and counsel.
