New York State DEC Sues Sewer Authority Over Millions of Gallons of Untreated Sewage Discharge

The New York State Department of Environmental Conservation (DEC) has filed a lawsuit against the Buffalo Sewer Authority (BSA) alleging that the agency is responsible for discharging nearly three million gallons of raw sewage and stormwater runoff into local waterways every year.

According to the DEC’s complaint, the untreated waste has been flowing into several bodies of water, including the Niagara River, Black Rock Canal, Erie Basin, Buffalo River, Scajaquada Creek, and Cazenovia Creek. Officials estimate that approximately 2.9 million gallons are discharged annually, most traveling over Niagara Falls.

The lawsuit states that these “receiving waters” range from Class A to Class C classifications, meaning they are suitable for uses such as fishing, swimming, and even food processing. The DEC contends the discharges occur primarily during “wet weather events.”

The agency further alleges that the BSA failed to meet project deadlines outlined in a 2014 long-term control plan intended to reduce combined sewer overflows. Between August and December 2024, the DEC says the BSA committed at least 11 permit violations.

In response, the BSA issued a statement emphasizing ongoing efforts to address the issue noting the launch of a new initiative last fall.

“Since 2014, Buffalo Sewer has been working in conjunction with the New York State Department of Environmental Conservation (DEC) in enacting a long term control plan (LTCP) to mitigate combined sewer discharges into area waterways. Over the past decade it has become clear that some projects in the 2014 LTCP could not be constructed as envisioned and that the water quality goals would not be met through its completion,” the statement read.

The agency highlighted its current plan, the Queen City Clean Waters Initiative, introduced in October 2024, as a $1 billion, 15-year infrastructure program aimed at upgrading wastewater treatment and sewer overflow systems at more than 50 sites.

“At this time, we are implementing an effort announced in October 2024 – the Queen City Clean Waters Initiative – to improve our wastewater treatment and combined sewer overflow (CSO) systems to reduce these discharges to meet those water quality goals,” the BSA said. “The Queen City Clean Waters initiative is a 15 year, one billion dollar plus effort to make various infrastructure improvements at over fifty sites across our service territory. The Bird Island Wastewater Treatment Facility alone is in the midst of $250 million in infrastructure improvements that go above and beyond the requirements of the 2014 LTCP to include odor control as well as water treatment improvements.”

Despite the lawsuit, the agency insisted it is committed to its mission: “We remain resolute in our mission of protecting the public health for our approximately 550,000 customers across our service territory and fulfilling our obligation in meeting all state and federal quality water standards.”

New York State DEC Sues Sewer Authority Over Millions of Gallons of Untreated Sewage Discharge