State responds to Glade Township dumping violations

A New York State excavating company has received a number of solid waste violations for dumping demolition debris from S. Carver Street at a Jackson Avenue property in Glade Township.

Officials with the state Department of Environmental Protection sent a notice of violation to Kingsview Paving of Lakewood, N.Y., after a department investigation found the company had “caused or allowed Solid Waste violations at the property owned by Mr. Randy Branch on Jackson Avenue Extension in Glade Township”.

“They’re hauling it out,” Branch said. “They brought some stuff they weren’t supposed to bring, I guess.”

A site inspection by DEP officials on Jan. 7 found a three-quarters of an acre property where the fill materials “increased in depth from street level to 15-20 feet thick in some areas near the back of the lot.

“The visible debris consisted of lumber, bricks, cinderblocks, soil/gravel mixture with a few pieces of metal, plastic, sheetrock and insulation. During the Department inspection, a Kingsview truck arrived on site with another load of demolition debris. The driver was interviewed and he confirmed the debris came from the Carver Street demolition site. He indicated the property owner is Randy Branch. Mr. Branch was interviewed at his home. He stated that Kingsview was given permission to place clean fill on his property on Jackson Avenue.”

The materials dumped on site did not meet the requirements of clean fill, defined by the DEP as “uncontaminated, nonwater-soluble, nondecomposable inert solid material used to level an area and bring the area to grade” and includes “soil, rock, stone, dredged material, used asphalt, and brick, block or concrete from construction and demolition activities that is separate from other waste and recognizable as such.”

The demolition debris included lumber, metal, plastic, sheetrock and insulation, which are not considered clean fill materials and are therefore regulated as solid waste.

According to the DEP, dumping, depositing or permitting any solid waste onto the surface of the ground without a permit from the department is a violation of the Solid Waste Management Act.

Enforcement actions for the violations include civil and criminal penalties and “each day the violation continues constitutes a separate offense,” DEP said.

Other violations include the operation of a solid waste disposal facility without a permit; the collection, transportation and disposal of solid wastes contrary to the rules and regulations of the Solid Waste Management Act; and the transportation of solid waste to an unpermitted disposal facility is also a violation.

No timeline for the cleanup has been established, but if cleanup is not done in a timely manner the DEP could pursue further action, officials said. DEP Waste Management does not levy fines until after the cleanup of the site is completed.

Kingsview Paving officials were not available for comment.