Yellow construction cats were busy climbing over the mulch pile on Long Meadow Road Thursday afternoon, digging deep into the steamy black mulch, as the Town of Tuxedo DPW received an Order on Consent from the NY Deparment of Environmental Conservation in a letter dated April 13, 2012.
DEC water tests concluded that operations at the Tuxedo mulch site on Long Meadow Road resulted in numerous water quality impairments that caused the mid-March fish kill along Warwick Brook and Four Corners Pond.
The DEC lowered the boom on Tuxedo regarding the mountainous mulch pile created by Perfect Cut, a Suffern-based landscaping company that leases out Tuxedo Public Works property. The DPW property is located in Sterling Forest State Park. In late March, a large fish die-off was discovered at Four Corners Pond and waterways along Warwick Brook. The DEC’s April 13 Order on Consent stated that “DEC water tests concluded that evidence demonstrates that operations at the facility has resulted in numerous water quality impairments that caused the fish kill.” DEC reported that tests results documented poor water quality conditions in numerous sites adjacent to and downstream of the mulch site.
The DEC letter stated that in 2011, Tuxedo made a commitment to the DEC to bring the mulch site into compliance, but failed to do so, adding that “there are now documented damages to the environment of the State.” The letter also referenced a March 29, 2012 meeting with Tuxedo officials that included field investigation and water testing by the DEC. The letter stated that the DEC had “taken extraordinary efforts to work with the Town but has not received information addressing the environmental issues as the Town committed to do in the March meeting.”
Geoff Welch, co-organizer of the Ramapo River Watershed Conference and the Ramapo River Watershed Keeper, said that he called the DEC Thursday, April 19 to find out if water test results would be available for the April 27 Watershed Conference at Ramapo College. The test results were not available but when Welch asked if there were any notices of violation related to the mulch site, the DEC sent him the Order on Consent.
“It said that the town is responsible and that the town caused the fish kill,” said Welch. “The DEC has come down on the town pretty hard. There is water getting out from the mulch pile, causing problems. We can conclude that the mulch pile has killed the wetland up there.” Welch said that wetland conditions were so bad that when drainage pipes along Long Meadow Road were cleaned in March, the unclogged pipes caused a release of contaminated water that had a cascading effect.
John Sullivan reported in the Times Herald-Record that Tuxedo Supervisor Peter Dolan said the town is contesting the DEC violations. Dolan said Tuxedo has already complied with many of the issues raised in the consent order and suggested that other factors, such as the clearing of beaver dams downstream by the Palisades Interstate Park Commission, could have caused the poor water quality in the water bodies.
The latest DEC Order on Consent cited lengthy 2011 negotiations with Tuxedo to correct mulch site deficiencies, and stated that the “town has not made sufficient progress related to an October 1, 2011 Order on Consent.” The DEC letter said that the DEC has “taken extraordinary efforts to work with the Town but has not received information addressing the environmental issues as the Town committed to do in the March meeting.”
Based on field observations, the DEC stated that Tuxedo is in violation of the Clean Water Act, and has caused damages to the Natural Resources of the state. The DEC letter determined that the town is in violation of its previous Consent Order — “specifically, the schedule of compliance items that the Town agreed to adhere to and is legally obligated to meet.”
The DEC’s Notice of Noncompliance stated that Tuxedo must, within 30 days, submit a mulch pile management plan that reduces all piles so that none exceeds 50′, with a minimum separation of 25′ between any of the piles. The town must also submit a Final Water Quality Stormwater Management Plan certified by a licensed NY Professional Engineer as well as eliminate all surface water discharges of leachate.
Until the required plans are received by the DEC, with proof that the pile(s) are below 50′ in height, Tuxedo must pay all, or a portion of, the suspended penalty of $41,000.
The three notices included a Notice of Non-Compliance, Notice of Violation and Notice of Damages to the Natural Resources of the State of New York. The DEC order stated that the actions Tuxedo takes will be considered when the department makes a final determination on how to pursue enforcement at the mulch site.
“We still want that site closed,” said Welch, calling the whole mulch operation a bad planning decision that was set up without any environmental impact studies. “If it was the town taking some of their own trees and having a small mulch pile for the residents, that’s one thing. But this is a huge commercial operation and is having an environmentally devastating impact on the park of all things.”
More At SloatsburgVillage
Testy Tuxedo Town Meeting — During the town’s recent April 9 Town Board meeting, a large contingent of concerned citizens showed up to ask questions about the Perfect Cut mulch operation.
Mulch Pile The Movie — Tuxedo resident Ed Gedvila and his friend, John Moon, from Tuxedo Park, recently hiked down from Tuxedo Lake through the streams and marshes that comprise Warwick Brook, following a trail of foam while taking pictures.
