For decades, the New York State Department of Environmental Conservation (DEC) has possessed sole regulatory authority over sand mining in the State of New York. In the case of the Sand Land facility in Noyac, the Department has repeatedly failed to protect our environment and drinking water. The Department has only performed superficial inspections and has rubberstamped permit after permit. They have ignored continuous violations of local zoning laws.

The results of years of DEC nonfeasance were self-evident in the June report from the Suffolk County Health Department. The County, over the objection of the polluter, got a court order to test the groundwater. Iron, manganese, thallium, sodium, nitrate, ammonia, and radioactivity were found in the water table directly below the sand mine, threatening the community’s drinking water supply. Iron was found at concentrations over 200 times the drinking water standard. Manganese was found at concentrations nearly 100 times the standard.

In his August 16, 2018 letter, the Commissioner of DEC predictably failed to mention this damning County report. Instead, he responded that he is willing to accept the word of the polluter that the facility will no longer accept brush, vegetative waste, concrete, brick, asphalt and other masonry debris as of September 1, 2018. According to the polluter, all such material will be removed from the site by Halloween. The letter states that the polluter will also abandon its solid waste registration.

First, these activities have already been determined to be illegal by the Town of Southampton and every court of competent jurisdiction that has subsequently reviewed the Town’s decision. In short, the polluter is offering snow in the wintertime. The courts have already declared these activities to be prohibited.

Second, there is nothing about the polluter’s promise that is legally binding. There is no consent order or legally binding enforcement action. On Halloween, we may find, like other statements from the polluter, that this is a trick not a treat.

Finally, all of these discussions by DEC and the polluter were conducted without transparency. There was no consultation with the stakeholders who have fought these illegal activities for years. Given the DEC’s history in this matter, the public has every right to fear that the Department may have agreed to issue future mining permits to Sand Land in exchange for this empty promise to stop illegal waste processing operations.

I reiterate my demands of July 6. The DEC must get its head out of the sand. No more permits. Shut it down.