DEC Shuts Down Hauppauge “Scoop and Fill” Operation, Nets $100 K Fine

DEC Shuts Down Hauppauge “Scoop and Fill” Operation, Nets $100 K Fine

            Removal of Solid Waste And Restoration of Illegally Mined Area Also Required

Two individuals involved in an illegal mining and landfill operation in Hauppauge face a $100,000 penalty and must remove unauthorized solid waste from the site, New York State Department of Environmental Conservation (DEC) Regional Director Peter A. Scully announced today. The operation involved the illegal mining of approximately 20,000 cubic yards of sand from property in Hauppauge owned by the New York State Department of Transportation, and the filling of the hole created by the mining with solid waste, Scully said.

“This is a classic example of the type of ‘scoop and fill’ cases that have caught the focused attention of the Long Island Solid Waste Task Force,” Regional Director Scully said.  “The powerful enforcement response by DEC Solid Waste and Law Enforcement staff is a strong signal to those who consider violating environmental laws that the Task Force is making life miserable for illegal dumpers.”

Perry Stuart, 61, of Smithtown, owner of Exit 55 Construction Corp., and Thomas Datre, 37, of Ronkonkoma, a solid waste hauler under contract with Stuart, violated numerous separate  environmental laws while conducting illegal mining and solid waste activities at the site, including:

• ·      Operation of a Construction and Demolition (C&D) debris facility without a permit.
• ·      Operation of a solid waste management facility without a permit.
• ·      Unauthorized disposal and use of solid waste.
• ·      Mining without a permit.
• ·      Mining without an approved land-use plan.
• ·      Failure to submit a reclamation bond.
• ·      Failure to pay annual mining fees for operation of a mine.
• ·      Storing 1,000 or more waste tires without a permit.

 According to Regional Director Scully, DEC received a tip regarding potentially illegal activities occurring at Long Island Limousine, a site located on Newton Place, adjacent to the Long Island Expressway in Hauppauge.  DEC staff responded and observed a stockpile of approximately 1,000 waste tires and several small stockpiles of Recycled Concrete Aggregate (RCA) which totaled approximately 150 cubic yards.

 After it became clear that the adjacent state-owned property was being impacted, the investigation intensified as DEC Solid Waste staff were joined by Environmental Conservation Officers (ECOs), and NYSDOT staff. A multi-agency team returned to the site, and observed that numerous changes had taken place since the initial visit.  Most notably, a significant amount of sand had been mined from the site and a large stock pile of mixed C&D debris was present.

The investigation subsequently revealed a mining operation that extended 50 to 75 feet into the Long Island Expressway right of way where an estimated 20,000 cubic yards of sand had been removed.  A stock pile of 10,000 cubic yards of construction and demolition material and 1,500 cubic yards of tree debris and yard waste were also on site, and an undetermined amount of additional solid waste had been buried on the site.

The investigation determined that Datre was responsible for illegal solid waste activity that occurred on the site.  Datre and Stuart signed a “consent order” with DEC that requires them to excavate test pits throughout the entire site to determine the extent of all unsuitable buried material on the property. The order also requires the removal of all solid waste from the site and the restoration of the illegally mined NYSDOT property.  A penalty of $100,000 was assessed, with $50,000 to be paid, and $50,000 to be suspended if the mandated work is completed as required under the order.

The Long Island Solid Waste Task Force was assembled by Regional Director Scully in May 2010 to strengthen coordination of solid waste investigation and enforcement activities across the region. Task Force members include the Federal Bureau of Investigation (FBI), the Nassau County and Suffolk County district attorneys, DEC’s Bureau of Environmental Crimes Investigation, and the towns of Brookhaven, Huntington, Riverhead and Smithtown. In July, another investigation involving Task Force members led to a $200,000 penalty and removal of illegally dumped solid waste from a site in Kings Park.  In September, a joint DEC and Town of Huntington investigation of another illegal “scoop and fill” operation resulted in a $150,000 penalty and cleanup at a residence in Melville.

Since early 2008, DEC’s Division of Law Enforcement has made 11 separate arrests for illegal solid waste activities, and additional investigations are still pending. Most of the cases involve illegal disposal of construction and demolition debris, known in the industry as “C&D,” often mixed or “cocktailed” with soil or fill. Some of the cases involve soil contaminated with petroleum products, semi-volatile organic compounds, or poly-aromatic hydrocarbons. Others involve what authorities have labeled as “scoop and fill” actions, where an excavation is created through illegal sand mining and then quickly filled with construction and demolition debris or unauthorized fill.

 “By creating the Long Island Solid Waste Task Force, we ratcheted up our enforcement capabilities, and the results speak for themselves,” said Regional Director Scully. “As this series of recent cases clearly shows, DEC’s Solid Waste staff and Division of Law Enforcement are in a stronger position than ever to make sure that illegal dumpers are caught and held accountable for their actions.”

Individuals who observe illegal environmental activities on Long Island are encouraged to call DEC’s Division of Law Enforcement at (631) 444-0250 on weekdays during business hours, and 1-800-TIPP-DEC (1-877-457-5680) at all other times to report those activities. For more information on DEC programs and regulations, please visit the Department’s website at: http://www.dec.ny.gov.