WAWAYANDA, NY — The controversial Competitive Power Ventures (CPV) power plant may continue to operate, despite the fact the New York State Department of Environmental Conservation (DEC) determined that a Title V Air Quality Permit required to operate the plant expired in July 2018.

Judge Judy Hard ruled in state court on February 13 that, in fact, due to a number of technical issues, the permit did not expire and the CPV plant may continue to operate pending the outcome of a case filed with a state administrative law judge.

 Pramilla Malick, chair of the conservation group Protect Orange County, said the ruling is politically motivated. “This is the only large emissions source in the state that is being allowed to operate without a Title V Permit,” said Malick. She further said DEC did not vigorously defend its position. “We’ve seen this before... where the DEC denies a CPV related permit on legally flimsy grounds, poorly defends it, knowing the courts will overturn it.”

After Joseph Percoco, a top former aide to Gov. Andrew Cuomo, and Peter Galbraith Kelly, a former CPV senior vice president, were convicted of bribery charges in connection with the permitting of the facility last year, many politicians and environmental groups have called for the 650-watt facility to be shut down.

Meanwhile, Sen. Jen Metzger has set up an online survey seeking input from residents who think the operation of the plant may have negatively impacted their health.

A new video of the Highland Compressor Station (youtu.be/iuAJAqwE-G8), which was constructed to help push gas to the CPV power plant, shows that the station is releasing a large amount of emissions. The emissions can’t be seen with the naked eye, but according to Earth Works (www.earthworks.org), the organization that produced the video, it was created using a forward-looking infrared range (FLIR) camera, which brings the emissions into view. The video was posted on January 16.