WPCNR THE DUMP TODAY. By John F. Bailey. July 2, 2007: For allowing TEC contamination to linger in the City Dump for 9 years as of this Friday, the City of White Plains was in line for a civil penalty of $316 Million payable to the state. However, the New York State Department of Environmental Conservation allowed the city to sign a consent order June 8 limiting the fine to $10,000.
THE CITY DUMP TODAY: A flatter, cleaner place. Who Knows What Lurks Beneath its benign surface? DEC will be supervising the city's efforts to quanitify the TEC contamination that exists. Remediation is called for in the Consent Order, but that has not been decided.
In the coming weeks, according to Department of Public Works Commissioner, Joseph Nicoletti, the city will be meeting with the DEC to implement the final testing specifications on the City Dump Site, to be conducted to prepare a Final Investigation Report that, according to Wendy Rosenbach, Regional Citizen Participation Specialist for the DEC, is due to be submitted December 1. At that time, determination will be made if the extent of the contamination needs remediation or is safe to allow to remain. The Consent Order by its language strongly suggests the DEC expects some sort of remediation to be required.
Commissioner Nicoletti, expressed optimism Friday that the contamination he is seeing is “better than I expected,” but he said he awaits the first testing reports available soon.
City Site Investigation Work Plan Not Acceptable
The city plan for testing the present level of the Trichloroethylene(TCEz) contamination first discovered officially July 6, 1998 according to the consent order, was not acceptable to the DEC. As part of the consent order, the DEC testing expert analyzing the city Department of Public Works plan designed by AKRF Environmental and Planning Consultants, added “modifications and additions as required.”
The DEC expert, S. Parisio, said the city’s Site Investigation Work Plan “should be broadened and expanded to include…characterize the landfill, including type of wastes, spatial distribution of the various waste types, and vertical and horizontal limits of the landfill,” “Define the extent of groundwater contamination both laterally and vertically,” “Define the critical stratigraphic section at the site including the overburden and the underlying bedrock,” “Identify all potential receptors for landfill derived contamination including surface water bodies, water supply wells and enclosed structures which may be impacted by landfill gas or vapor intrusion,” “Develop a site conceptual model which identifies contaminant sources within the landfill, locations and mechanisms for contaminant release and actual/potential contamination and migration pathways…” “This model should also show how storm water drains affect migration of landfill gas, organic vapors, landfill leachate and leachate impacted groundwater…”
The Consent Order notes the city drilling plan was “not acceptable,” because it limited drilling depth to the “overburden.” The DEC demands the city drill deeper. IT requests various “plan sheets”
Remediation Appears Likely
The language of the consent order signed by the Mayor, read literally, indicates the city is going to have to remediate the dump, to wit:
“After completion of the site investigation, the Respondent shall submit a site investigation report (SIR) including a description of the investigation methods, a summary of the data collected, a discussion of the results, conclusions and recommendations for further investigation , if needed, remedial action and landfill closure.”
The Violation and Fine.
On July 6, 1998, the Consent Order notes, inspection of the site by Department staff revealed the presence of drums of trichloroethylene. During subsequent investigations and removal activities carried out by the city in 1999 and 2000, a total of 46 drums were indentified and removed, and the presence of organic contaminants, including trichloroethylene, was confirmed in the drums and in soils within the drum disposal areas. The order reports TCE breakdown products have been “detected” at concentrations exceeding applicable levels of concern in stormwater, surface water, groundwater, soil and soil gas during numerous investigations and sampling efforts carried out in and around the landfill by various consultants between 1987 and 2003.
These conditions which the city has admitted to by signing the consent order June 8, violate Environmental Conservation Law Sections 27 and 17 and 6NYCRR Parts 360 and 703 and 5 statutes.
$316 Million ?
Neither Ms. Rosenback nor Paul Wood, City Executive Officer could name the exact total amount of the possible civil fine White Plains has incurred as a result of the 9 years since the violation was discovered.
WPCNR roughly estimates the fine to be $316 Million as follows:
From July 6, 1998, the date of the verified condition, 2,385 days have passed (about 9 years as of this Friday)
Under the fine mechanism of Section 71-2703, there were five statutes violated, calling for a $7,500 fine per statute,($37,500) plus $1,500 a day for 2,385 days for $3,577,500 for each of the 5 statutes violated for a total of $17,887,500 plus the initial $37,500 fine for a total of $17,925,000 for city violation of Section 71 2703.
Now we add the violations of Section 71-1929. There were 5 statutes violated at the cost of $25,000 a day per statute adding up to a $125,000 a day fine in total multiplied by 2,385 days totals $298,125,000.
Add the two violations and the Civil Penalty owed the DEC is $316,050,000.
Fine would have been double the City Budget
That fine is more than double the city of White Plains budget for 2007-2008 ($154.7 Million), and in order to pay it – had the DEC not cut White Plains a $316,040,000 discount – would cost every White Plains taxpayer twice the taxes they are paying now, and probably 4 times the amount of taxes unless the assessed the shortfall on the businesses in the town.
WPCNR awaits comfirmation of the exact amount of the total possible fine, which is not mentioned in the consent order.
All the city is required to pay is $2,000, leaving the $8,000 as possible to be paid and then some if the city does not comply with the rest of the Consent Order.
Rosenbach told WPCNR Friday the city has made adjustments to the Site Investigation Plan: “Yes, the work plan has been revised to address Department comments and much of the work indentified in the plan has been completed.”
Asked why the city received leniency from the DEC, Wood said he did not have an answer and would get back to us on that.
Ms. Rosenback of the DEC said she would be asking the DEC negotiators for a statement on the lowered fine.
