Orleans County lawsuit against Genesee County threatens STAMP development

A lawsuit filed on Monday by Orleans County officials threatens to put the kibosh on a major economic development project in Genesee County that is coveted by state and national political leaders.

Orleans County contends that a nine-mile sewer line that ends begins at the Science and Technology Advanced Manufacturing Park (STAMP) in the Genesee County town of Alabama and ends in Oak Orchard Creek in the Orleans County town of Shelby is being illegally financed by a government entity, will cause irreparable environmental harm and also impact tourism.

The STAMP project cannot proceed without creation of a sewer main.

The lawsuit, filed in state Supreme Court in Orleans County, contends the Genesee Gateway Local Development Corp. (GGLDC) is a “sham sewer works corporation” created to work in concert with STAMP Sewer Works (SSW) to obtain land in Orleans County for the $9.7 million sewer project.

The lawsuit further contends the Genesee County Economic Development Center (GCEDC) is inappropriately financing those efforts.

Orleans County says the force main sewer line will dump up to six million gallons per day of treated, yet polluted, waste water into the creek. The petition says despite treatment, the waste water still would likely contain per- and polyfluoroalkyl substances, also known as forever chemicals.

Genesee County immediately responded by letter asking Supreme Court Justice Frank Caruso to deny the temporary restraining order sought by Orleans County that would block construction.

Genesee County officials argue in their letter to the court that “all required permits and approvals for construction and use of the force main have been obtained, including a Right of Way permit from the U.S. Fish and Wildlife Service to cross Iroquois National Wildlife Refuge and a discharge permit from the New York State Dept. of Environmental Conservation.”

The letter also argues the claim made by Orleans County that the GCEDC is “using its own money in contravention of municipal law” is contradicted by public record.

“As Orleans County well knows, funding for STAMP, including the force main, comes from a $33 million grant from Empire State Development Corp., which fully supports the STAMP project,” wrote Craig A. Leslie, partner at Phillips Lytle LLP, which is representing the Genesee County entities.

In November, U.S. Senate Majority Leader Charles Schumer (D-N.Y.) trumpeted the successful courting of Edwards Vacuum to build a $319 million dry pump manufacturing facility at STAMP.

Plug Power also intends to create a $232 million green hydrogen plant at STAMP.

Genesee County contends the allegations in the petition “are wholly inconsistent with the facts and the law, and smack of a frivolous and politicized attack on the STAMP project.”

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