News Article, asking for our Laws to be Upheld, and Neglected
April 9, 2017
Here is one, of only small handful of articles written for this experience. This is when Ms.Martin, and other concerned residents asked for Greene County to uphold their Already written laws against illegal dumping of toxic debris. Which right I would like to clarify that the landfill property owner does Not have a permit to accept Construction/Demolition debris, his permit is to only accept leaves, and grass for a small composting facility. Which was acquired illegally because he did not have any permits, or legal permission to operate from this property. It was actually admitted by the Town of Catskill Planning board president that none of his hazardous operations are not even zoned for this area, yet the Town, and County still allow him to operate to this day illegally, with no violations. He does Not have any Town/County Permits as a Landfill, to accept C&D, actually he did not have Any Town/County permits for the 3 businesses he has been operating for nearly 10years. The Greene County law against Solid Waste will be published below, and it explains how every bit of creating this toxic landfill is against the law, and is neglected. The law mentions the type of debris is illegal, which is the type of debris Illegally dumped on this landfill, into our protected waters, and in holes all over his property. The comments the Greene County Sheriff Seeley had said was incorrect as Martin, and many other concerned residents (even more then the 5-6 the Sherrif needed) had made complaints, and had given substantial Proof about his illegal dumping, and that it has been since 2012 into 2013, which is Much sooner then this law was put in place. The concerned residents for this illegal toxic landfill even submitted to the Greene County Sherrif Dept. the landfill owners sworn deposition of admitting the illegal dumping, the type of debris, and that it was illegally transported to our area from Long Island, and NYC which is against these solid waste laws. There is also a Town of Catskill law I will post as well, against this type of dumping that is neglected for this toxic landfill that everyone is protecting. They both say that these laws dumping laws were put in affect because the Town/County recognizes that this type of illegal dumping creates serious health issues for the other residents. The written laws even state that there will be no illegal dumping of debris brought Out of the Town of Catskill or Greene County to be dumped. Meanwhile in the landfill owners deposition, the illegally transported toxic debris was transported to the landfill from NYC/Long Island. A great distance away from the illegal landfill? It doesn't mater how long ago this law was created, it is still written, and in affect. Yet none of the residents can get any of the local municipalities to enforce them. No amount of proof has made any of our Local municipalities, or our State/Federal agencies protect the neighboring residents/community from this contaminated landfill, dumped directly into our NYS/Nationally Protected Wetlands. All of these agencies Town, State, and Federal spend all of their time, and energy to protect this illegal Landfill, and neglect the serious health ailments it has created for two families, and damage to our protected wetlands. Neglect for an entire family diagnosed with an exposure to Industrial Toxins, a mother with severe Cadmium poisoning, a young 10 year old boy diagnosed with an Overdose of Toxins, and many test results of toxins present from this Illegally Transported debris that's created a very Toxic Landfill.. With the amount of proof that this is an Illegal Toxic Landfill created, with all of the Neglect, and the lengths the local municipalities, and State/Federal agencies, it concerns many of us for the extent of how Contaminated this landfill really Is. It is understood from proof gathered of this experience, that Hurricane Sandy debris was illegally transported here to be dumped from NYC/Long Island, and that Greene County was aware of Huricane Sandy debris from their own County, was dumped here illegally, with FEMA $$ paid for proper disposal. However, even though some have committed these crimes themselves, there are Childrens Lives that have been affected, which some damage to these young children may be permanent. This toxic debris was dumped directly into Protected Wetlands that runs down to another towns water supply? Please help us share this information, and help others become aware of this public health hazard. Here is the link to the newspaper artcle, and the newspaper article is attached below:
By Jim Planck Columbia-Greene Media | Posted Jul 22, 2015
CATSKILL —A request by a Palenville woman for Greene County to enforce its local law on regulating construction and demolition — or C&D — debris would, if acted upon, be the first time the law has been used since its adoption 27 years ago.
Palenville resident Stella Martin, one of several people who have expressed concern about a composting facility operated by neighbor Frederick Edwards III — who has a state Department of Environmental Conservation permit to do so —has told authorities that trucks carrying C&D material were bringing it onto the site in 2012 and 2013.
Speaking at a Catskill Town Board meeting this month, Martin said the C&D debris remains there, and that she has spoken to the county about using its law to look into the matter, adding that her request was not acted upon.
Martin said Tuesday that although her concerns about C&D at the site have been ongoing for several years with the Department of Environmental Conservation, the Town of Catskill Code Enforcement Office was also a focus for them, as there is a town law that she believes is applicable as well.
She added, however, that when in November of last year she contacted the county regarding its own law, she was advised, she said, to hire an attorney if she thought there was wrongdoing, as the county would not proceed on it.
Martin said she has since contacted the Greene County Sheriff’s Office several times about filing a complaint under the county’s law, and that she is now consistently ignored in her efforts to do so.
“They won’t take a statement,” she said, “and they won’t come out here.”
Martin indicated she believes her determination to follow through on the matter has created a dissatisfaction among agencies and officials, who perhaps now see her as an unreliable troublemaker, rather than a citizen seeking justice.
Regarding the county’s law, Martin added, “I want to do a deposition, but no one will respond to it.”
Of the county’s advice to hire a lawyer, she added, “I don’t want to go around suing everybody. I just want justice.”
Under the terms of the county’s law — Local Law No. 4 of 1988, Regulating Construction and Demolition Waste Disposal —no C&D can be accepted or placed “on or under any lands located within the county,” unless the person owning the land “shall have first obtained a permit from the office of the County Administrator of Greene County.”
The law also has a provision that the application for obtaining a permit “shall be prepared on forms furnished by the county,” and on which the applicant is to comply with 17 required items, some of which are informational, such as location, source of material, and estimated weekly amounts, while others are performance related, as in officially notifying all contiguous property owners and those within 500 feet of the boundary that a C&D permit has been applied for.
Greene County Administrator Shaun Groden said Monday that, upon checking, he has found that no such application form exists for the 1988 law, nor was there apparently ever a request for one.
“We never had an application,” Groden said.
“No one’s ever called and inquired about it,” he added. “No one’s ever filed an application.”
Groden said it is his understanding, based on his inquiries, that the law was adopted at a time when there was a public outcry against a potential incinerator or landfill in the county, and that after that crisis passed, the law was essentially forgotten and has remained unused ever since.
Noting the same Catskill Town Law that Martin feels is also applicable, Groden said: “We consider this more a town code enforcement (matter) than for an obscure county law.”
While the Greene County Attorney’s Office is “authorized to commence an action in any court of competent jurisdiction” for violations of the law, there is no specific enforcement section within it that delineates what law enforcement bodies are empowered to investigate and issue tickets.
Asked who that agency would be, Groden said it would be the Greene County Sheriff’s Office, which he said has the authority to issue appearance tickets answerable in court for the law.
Regarding Martin’s desire to have the law enforced, Groden indicated that Martin’s consistent communications to town, county, state, and federal agencies and officials has basically helped create a high profile for all her various concerns at the site.
“The sheriff is aware of everything that’s going on,” Groden said.
Greene County Sheriff Greg Seeley said Tuesday that he is familiar with the matter.
Seeley said he has informed Martin on several occasions that in order for a ticket to be written, there must be a substantive, credible basis to establish that the material was deposited there after the law was enacted.
He said it cannot simply be Martin saying that she saw it deposited, since there has been a history of what the courts might instead interpret as a personal dispute between neighbors, rather than an alleged environmental violation.
Seeley said that if such turned out to be the case, the county could end up getting sued by Edwards for issuing the ticket, and that it was not his intent to let that happen.
Seeley said that if Martin could provide clear evidence that the C&D is on site, and that it was deposited there after adoption of the law, they would write the ticket.
“I’ve told it to her 100 times,” he said, “but she doesn’t want to hear anything.”
“If you can prove to the investigator that this stuff was dumped after the law,” Seeley said, then enforcement would follow.
“We’ve got to have the proof,” he said.
“If five or six other people corroborated it, that would help,” Seeley said. “Then we would have a third party, which is credible.”
To reach reporter Jim Planck, call 518-943-2100, ext. 3324, or e-mail firstname.lastname@example.org.