THE PAUL PLANTE STORY

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Re: THE PAUL PLANTE STORY

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THE RIGHT TO CLEAN WATER PURSUANT TO § 4 OF ARTICLE XIV OF THE NEW YORK STATE CONSTITUTION

1. With respect to the phrase "(E)ach person shall have a right to clean water" in § 19 of Article I of the New York State Constitution, titled the Bill of Rights, each person's right to "clean" water is enshrined in the New York State Environmental Law, which law is derived from § 4 of Article XIV of the New York State Constitution, titled, "Conservation," approved by vote of the people November 4, 1969, wherein is stated "(T)he policy of the state shall be to conserve and protect its natural resources," and "(T)he legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and ..... the development and regulation of water resources."

2. The right to clean water pursuant to section 19 to Article I of the state Constitution is further defined by New York Environmental Conservation Law § 1-0101(1), wherein is provided that "(T)he quality of our environment is fundamental to our concern for the quality of life," and "(I)t is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being."

3. New York State Environmental Conservation Law § 1-0303(19) provides that the term "Pollution” shall mean the presence in the environment of conditions and or contaminants in quantities of characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas of the state as shall be affected thereby.

4. PFAS in the water supply are contaminants which may be injurious to human life and to property which unreasonably interferes with the comfortable enjoyment of life and property throughout such areas of the state as shall be affected thereby.

5. New York State Environmental Conservation Law § 3-0301(1) provides that "(I)t shall be the responsibility of the department, in accordance with such existing provisions and limitations as may be elsewhere set forth in law, by and through the commissioner to carry out the environmental policy of the state set forth in section 1-0101 of this chapter."

6. New York State Environmental Conservation Law § 3-0301(1)(b) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(P)romote and coordinate management of water, land, fish, wildlife and air resources to assure their protection, enchancement, provision, allocation, and balanced utilization consistent with the environmental policy of the state and take into account the cumulative impact upon all of such resources in making any determination in connection with any license, order, permit, certification or other similar action or promulgating any rule or regulation, standard or criterion.

7. New York State Environmental Conservation Law § 3-0301(1)(i) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(P)rovide for prevention and abatement of all water, land and air pollution including, but not limited to, that related to hazardous substances, particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids."

8. New York State Environmental Conservation Law § 3-0301(1)(l) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(P)rovide and recommend methods for the recovery, recycling and reuse;  or, where recycling and reuse are not possible, the disposal of solid wastes, including domestic and industrial refuse, junk cars, litter and debris consistent with sound health, scenic, environmental quality, and land use practices."

9. New York State Environmental Conservation Law § 3-0301(1)(m) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(P)revent pollution through the regulation of the storage, handling and transport of solids, liquids and gases which may cause or contribute to pollution."

10. New York State Environmental Conservation Law § 3-0301(1)(t) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(M)onitor the environment to afford more effective and efficient control practices, to identify changes and conditions in ecological systems and to warn of emergency conditions."

11. New York State Environmental Conservation Law § 3-0301(1)(u) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(E)ncourage activities consistent with the purposes of this chapter by advising and assisting local governments, institutions, industries, and individuals."

12. New York State Environmental Conservation Law § 3-0301(1)(v) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(U)ndertake an extensive public information and education program to inform and involve other public and private organizations and groups and the general public in the commitment to the principles and practices of environmental conservation and develop programs for the teaching by others of such principles and practices."

13. New York State Environmental Conservation Law § 3-0301(1)(x) provides that in carrying out the environmental policy of the state set forth in section 1-0101 of this chapter, the commissioner shall have power to "(E)xercise and perform such other functions, powers and duties as shall have been or may be from time to time conveyed or imposed by law, including, but not limited to, all the functions, powers and duties assigned and transferred to the department from the Department of Health, Conservation Department, Department of Agriculture and Markets, and Office for Local Government in the Executive Department by chapter 140 of the laws of 1970."

14. New York State Environmental Conservation Law § 3-0301(2)(a) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to adopt, amend or repeal environmental standards, criteria and those rules and regulations having the force and effect of standards and criteria to carry out the purposes and provisions of this act.

15. New York State Environmental Conservation Law § 3-0301(2)(c) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to review and appraise programs and activities of state departments and agencies in light of the policy set forth in section 1-0101 of this chapter for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy and to make recommendations to such departments and agencies with respect thereto, including but not limited to, environmental guidelines for their use.

16. New York State Environmental Conservation Law § 3-0301(2)(d)(4) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to consult with and co-operate with persons, organizations and groups, public and private, utilizing, served by, interested in or concerned with the environment in the state.

17. New York State Environmental Conservation Law § 3-0301(2)(g) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to enter and inspect any property or premises for the purpose of investigating either actual or suspected sources of pollution or contamination or for the purpose of ascertaining compliance or noncompliance with any law, rule or regulation which may be promulgated pursuant to this chapter.

18. New York State Environmental Conservation Law § 3-0301(2)(i) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to advise and cooperate with municipal, county, regional and other local agencies and officials within the state, to carry out the purposes of chapter 140 of the laws of 1970.

19. New York State Environmental Conservation Law § 3-0301(2)(m) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to adopt such rules, regulations and procedures as may be necessary, convenient or desirable to effectuate the purposes of this chapter.

20. New York State Environmental Conservation Law § 3-0301(2)(z) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter the department, by and through the commissioner, shall be authorized to issue and amend guidance memoranda and similar documents of general applicability which are to be relied upon by department personnel for implementation of this chapter, and rules and regulations promulgated pursuant thereto, and for guidance to the general public in complying with the requirements of this chapter.

21. New York State Environmental Conservation Law § 3-0301(4) provides that to further assist in carrying out the policy of this state as provided in section 1-0101 of the chapter, the commissioner shall cooperate with the commissioner of the state department of health, district attorneys and the department of law in providing assistance in the investigation and prosecution of violations of article twenty-seven of this chapter which governs the collection, treatment and disposal of refuse and other solid waste in New York state.

22. New York State Environmental Conservation Law § 27-0101(1) provides that it is the purpose of the legislature of the state of New York in enacting this article to encourage the development of economical projects for the present and future collection, treatment and management of solid and hazardous waste in such a manner as will assure full consideration of all aspects of planning for proper and effective solid and hazardous waste disposal, coordinated, so far as practicable, with other related state, regional and local planning activities, and consistent with the protection of the public health, including such factors as population change, urban and metropolitan development, land use planning, water pollution and air pollution control, and the feasibility of regional resource recovery programs.

23. Each person's right to clean water pursuant to section 19 to Article I of the state Constitution is further defined by New York State Environmental Conservation Law § 8-0101, wherein is stated "(I)t is the purpose of this act to declare a state policy which will encourage productive and enjoyable harmony between man and his environment;  to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources;  and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the state."

24. New York State Environmental Conservation Law § 8-0103(1) provides that the legislature of the State of New York finds and declares that "(T)he maintenance of a quality environment for the people of this state that at all times is healthful and pleasing to the senses and intellect of man now and in the future is a matter of statewide concern."

25. New York State Environmental Conservation Law § 8-0103(2) further provides that the legislature of the State of New York finds and declares that "(E)very citizen has a responsibility to contribute to the preservation and enhancement of the quality of the environment."

26. The term "every citizen" who has "a responsibility to contribute to the preservation and enhancement of the quality of the environment" includes the Commissioner of Environmental Conservation, the Commissioner of the New York State Department of Health, the Commissioner of Health of the Rensselaer County Department of Health, the Rensselaer County Associate Public Health Engineer, the Town of Poestenkill Code Enforcement Officer, and Waste Management of New York, LLC.

27. New York State Environmental Conservation Law § 8-0103(4) also provides that the legislature of the State of New York finds and declares that "(E)nhancement of human and community resources depends on a quality physical environment."

28. New York State Environmental Conservation Law § 8-0103(8) provides that the legislature of the State of New York finds and declares that "(I)t is the intent of the legislature that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land, and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations."

29. The term "all agencies" who must "conduct their affairs with an awareness that they are stewards of the air, water, land, and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations" includes the New York State Department of Environmental Conservation, the New York State Department of Health, the Rensselaer County Department of Health, the Town of Poestenkill and the Averill Park Board of Education.

30. New York State Environmental Conservation Law § 8-0103(9) provides that the legislature of the State of New York finds and declares that "(I)t is the intent of the legislature that all agencies which regulate activities of individuals, corporations, and public agencies which are found to affect the quality of the environment shall regulate such activities so that due consideration is given to preventing environmental damage."

31. The New York State Department of Environmental Conservation is an agency which regulates activities of individuals and corporations which are found to affect the quality of the environment, and accordingly, it is the intent of the Legislature that it shall regulate such activities so that due consideration is given to preventing environmental damage.

32. New York State Environmental Conservation Law § 15-0103(1) provides that the sovereign power to regulate and control the water resources of this state ever since its establishment has been and now is vested exclusively in the state of New York, except to the extent of any delegation of power to the United States.

33. New York State Environmental Conservation Law § 15-0103(3) provides that adequate and suitable water for water supply, domestic, municipal, industrial, agricultural and commercial uses, power, irrigation, transportation, fire protection, sewage and waste assimilation, the growth of forests, maintenance of fish and wildlife, recreational enjoyment and other uses is essential to the health, safety and welfare of the people and economic growth and prosperity of the state.

34. New York State Environmental Conservation Law § 15-0103(12) provides that the department, pursuant to title 11 of article 15 of the Environmental Conservation Law, is continuing the work of its predecessor, the Water Resources Commission in undertaking comprehensive planning for the protection, conservation and development of the water resources of the state.

35. New York State Environmental Conservation Law § 15-0103(13) provides that it is in the best interest of the state that provision be made for the regulation and supervision of activities that deplete, defile, damage or otherwise adversely affect the waters of the state and land resources associated therewith.

36. New York State Environmental Conservation Law § 15-0105(1) provides that "(I)n recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that the regulation and control of the water resources of the state of New York be exercised only pursuant to the laws of this state."

37. New York State Environmental Conservation Law § 15-0105(2) provides that "(I)n recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that the waters of the state be conserved and developed for all public beneficial uses."

38. New York State Environmental Conservation Law § 15-0105(3) provides that "(I)n recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that comprehensive planning be undertaken for the protection, conservation, equitable and wise use and development of the water resources of the state to the end that such water resources be not wasted and shall be adequate to meet the present and future needs for domestic, municipal, agricultural, commercial, industrial, power, recreational and other public, beneficial purposes."

39. New York State Environmental Conservation Law § 15-0105(5) provides that "(I)n recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that the acquisition, storage, diversion and use of water for domestic and municipal purposes shall have priority over all other purposes."

40. New York State Environmental Conservation Law § 15-0105(7) provides that "(I)n recognition of its sovereign duty to conserve and control its water resources for the benefit of all inhabitants of the state, it is hereby declared to be the public policy of the state of New York that reasonable standards of purity and quality of the waters of the state be maintained consistent with public health, safety and welfare and the public enjoyment thereof, the propagation and protection of fish and wildlife, including birds, mammals and other terrestrial and aquatic life, and the industrial development of the state, and to that end, to require the use of all known available and reasonable methods to prevent and control pollution, wastage and unreasonable disturbance and defilement of the waters of the state."

41. New York State Environmental Conservation Law § 15-0109 provides in relevant part that the department shall exercise its powers and perform its duties in any matter affecting the construction of improvements to or developments of water resources for the public health, safety or welfare, including but not limited to the supply of potable waters for the various municipalities and inhabitants thereof.

42. With respect to the protection of the groundwater of Rensselaer County, New York State Environmental Conservation Law § 15-3103(1) provides that the legislature hereby finds and declares that the waters of the state are one of its most essential natural resources.

43. With respect to the protection of the groundwater of Rensselaer County, New York State Environmental Conservation Law § 15-3103(2) provides that the legislature hereby finds and declares that adequate supplies of good quality groundwater are critical to the health and welfare of the residents of the state and to their economic well-being.  

44. With respect to the protection of the groundwater of Rensselaer County, New York State Environmental Conservation Law § 15-3103(4) provides that the legislature hereby finds and declares that it is the intent of the legislature that groundwater be protected for its classified use, the highest of which is drinking water.

45. New York State Environmental Conservation Law § 17-0101 provides that it is declared to be the public policy of the state of New York to maintain reasonable standards of purity of the waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of fish and wild life, including birds, mammals and other terrestrial and acquatic life, and the industrial development of the state, and to that end require the use of all known available and reasonable methods to prevent and control the pollution of the waters of the state of New York.

46. New York State Environmental Conservation Law § 17-0103 provides that it is the purpose of this article to safeguard the waters of the state from pollution by preventing any new pollution and abating pollution existing when the predecessor of this chapter was enacted, under a program consistent with the declaration of policy stated in section 17-0101.

47. New York State Environmental Conservation Law § 17-0303(2) provides that the department shall have administrative jurisdiction to abate and prevent the pollution of waters of the state in the manner herein provided in accordance with the classification of waters adopted by the department pursuant to section 17-0301 and in accordance with standards, criteria, limitations, rules and regulations and permit conditions adopted, promulgated or applied by the department pursuant to title 8 hereof.

48. New York State Environmental Conservation Law § 17-0303(5)(a) provides that it shall be the duty and responsibility of the department to encourage voluntary cooperation by all persons in preventing and abating pollution of the waters of the state.

49. New York State Environmental Conservation Law § 17-0303(5)(h) provides that that it shall be the duty and responsibility of the department to establish a water quality surveillance network with sufficient stations and sampling schedule to meet the needs of the state, including ground water and surface water, both fresh and salt, and publish the results of such water quality surveillance network periodically.

50. New York State Environmental Conservation Law § 17-0303(5)(i) provides that it shall be the duty and responsibility of the department to develop a public education and promotion program to aid and assist public officials in publicizing needs and securing support for pollution control action.

51. New York State Environmental Conservation Law § 17-0303(6) provides that the commissioner, or his authorized representative, shall have the right to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating conditions relating to pollution, or the possible pollution of any waters of the state, which inspection or examination does not involve confidential information relating to secret processes or economics of operation.

52. New York State Environmental Conservation Law § 17-1401 provides that it is the purpose of this title to safeguard the waters of the state from nonpoint source pollution by controlling and abating new and existing sources of nonpoint source pollution.
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

THE ADVERTISER Letters To The Editor

PFOA Saga No. 7 – The aftermath


January 20, 2022

As the dust settles from the hasty skedaddle of the NYSDEC, the NYSDOH, the RCHD and the Town of Poestenkill from the PFOA-affected “blighted zone” surrounding the Poestenkill transfer station with no source of the PFOA ever found, leaving us on our own with non-potable water, I would first like to thank the Advertiser on behalf of those of us who are not on ZOOM, or FACEBOOK, or TWITTER, and who are not members of Concerned Citizens for Clean Drinking Water (CCCDW), and thus are shut out of the private Zoom update meetings Troy water salesman Bob Brunet, who now calls himself the public health coordinator of Poestenkill, has been having with CCCDW, the RCDOH, the NYSDEC, the NYSDOH, the Algonquin Middle School, and others for being there as our only real source of news as to what has been going on with regard to this farcical PFOA investigation that has now come to an end.

And that brings us to the question of CUI BONO, which means who has benefitted from this fiasco and the successful whitewash and cover-up just concluded.

One of the obvious beneficiaries, of course, is Troy Mayor Patrick Maddon, for whom Poestenkill public health coordinator Bob Brunet sells water, who was quoted singing the blues about revenues for Troy being down in the Albany Times Union story “More rain, less water use makes for drier Troy revenues” “More rain, less water use makes for drier Troy revenues” by Kenneth C. Crowe II on Nov. 6, 2021, to wit:

“Water revenues have fallen across the board,” said Mayor Patrick Madden citing a decline in sales to city residents and the other municipalities served by the city which include Menands, Brunswick, Rensselaer, East Greenbush, North Greenbush, Waterford, Poestenkill and Schaghticoke.

So this contamination of our drinking water while all the authorities looked the other way does have a silver lining for Troy in terms of a financial windfall if Brunet can get another water district put in place in Poestenkill for him.

Paul Plante
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Re: THE PAUL PLANTE STORY

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Section 619.1. Petition for declaratory ruling, 6 NY ADC 619.1

Compilation of Codes, Rules and Regulations of the State of New York

Title 6. Department of Environmental Conservation

Chapter VI. General Regulations

Part 619. Applicability of Regulations and Statutes (Refs & Annos)

Section 619. Petition for declaratory ruling

(a) The department may, on petition, issue a declaratory ruling with respect to:

(l) the applicability to any person, property or state of facts of any regulation or statute which the department enforces; and

(2) whether any action by the department should be taken pursuant to a regulation.

(b) Such petition shall be submitted in writing to:

General Counsel
Department of Environmental Conservation
625 Broadway
Albany, NY 12233-0001

(c) In order to be considered complete, each petition shall contain:

(1) the name and address of the petitioner and a statement of the nature of the petitioner's interest in the matter;

(2) a full and carefully detailed description of all relevant facts and circumstances, including a clear and concise statement of the controversy or uncertainty that is the subject of the petition and the need, or good cause, for the issuance of the declaratory ruling;

(3) copies of all relevant documents and supporting materials;

(4) reference to any pending administrative or judicial proceeding involving the same or similar set of facts, including the names and addresses of any other persons whose interests are reasonably likely to be affected by the ruling; and

(5) citation to all relevant statutory and regulatory provisions.

When a petition pertains to only one step of a larger transaction or fact situation, all relevant facts and circumstances must be submitted with respect to the entire larger transaction or fact situation.

(d) Within 10 business days after the receipt of a petition, the department shall mail notice to the petitioner that:

(1) the petition is complete for purposes of review;

(2) the petition is incomplete because of the lack of certain specified information needed to render a ruling; or

(3) the petition contains sufficient information, but the general counsel is availing the public of the opportunity for comment pursuant to subdivision (e) of this section.

Petitions which have been noticed for public comment pursuant to subdivision (e) of this section shall only be considered complete for review upon the department's receipt of the petitioner's response to all such public comments, if any.

(e)

(i) If the general counsel finds that it is in the public interest to solicit public comments on the petition, notice of the petition shall be placed in the Environmental Notice Bulletin at the earliest available opportunity, together with a brief summary of the facts and the issues presented.

Notice may also be sent to any person whom the general counsel has reason to believe has a substantial interest in the petition.

Public comments on the petition must be received by the department no later than 15 business days after publication in the Environmental Notice Bulletin.

The due date will be specified in the notice.

(2) Upon receipt of all public comments, the department shall provide copies to the petitioner.

Within 10 business days from receipt of copies of the public comments, the petitioner may respond to such comments or request an extension of time to respond.

(3) Upon mutual written agreement between the petitioner and the department, the time periods of this part may be extended to a date certain.

The period in which petitioner may seek judicial review will be deemed to commence at that time.
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Re: THE PAUL PLANTE STORY

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From: Maglienti, Brian (DEC) <brian.maglienti@dec.ny.gov>

Sent: Monday, September 13, 2021 11:56 AM

To: Harris IV, Warren <wharri11@wm.com>

Subject: Sampling - Poestenkill Transfer Facility

Warren,

Rensselaer County Department of Health (RCDOH) is seeking permission to sample potable water supply wells from sources near to Algonquin Middle School in Poestenkill.

See attached.

One of the locations is the WM-Poestenkill Transfer Facility.

The letter that RCDOH mailed to the facility may have been sent to an incorrect address.

I provided updated information, but I think they are still having trouble getting ahold of someone.

Will RCDOH be able to coordinate with WM to collect a sample at the Poestenkill Transfer Facility?

Thanks,

Brian Maglienti
Regional Materials Management Engineer
NYSDEC Region 4
1130 N. Westcott Rd.
Schenectady, NY 12306

*****

RE: Sampling - Poestenkill Transfer Facility

Harris IV, Warren <wharri11@wm.com>

Thu 9/30/2021 9:42 AM

To: Maglienti, Brian (DEC) <brian.maglienti@dec.ny.gov>

Brian,

Could you please give me a call when you have a minute to discuss this.

Cell 518-248-2809

Office 518-636-2141

Thanks

Warren
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Re: THE PAUL PLANTE STORY

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RE: Sampling - Poestenkill Transfer Facility

Harris IV, Warren <wharri11@wm.com>

Wed 10/6/2021 4:24 PM

To: Maglienti, Brian (DEC) <brian.maglienti@dec.ny.gov>

1 attachments (2 MB)

Poestenkill PFAS Results CL (ID 2430921).pdf;

Brian,

As discussed on the phone last week please find attached the results of the recent sampling of our water supply well at our property at 9002 NY Rte 66 in Poestenkill, NY.

We do not use this water as drinking water but you can see the results show we are below the established NYSDEC MCL for drinking water.

If you or others at the NYSDEC have any questions please feel free to reach out to me.

Thanks

Warren Harris
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Re: THE PAUL PLANTE STORY

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October 6, 2021

Mr. Warren Harris
Waste Management – Poestenkill Transfer Station
9002 NY-66
Poestenkill, New York 12018

Re: Waste Management – Poestenkill Transfer Station PFAS Monitoring of Site Supply Well

File: 1242.079.004

Dear Mr. Harris:

On September 21, 2021 Barton & Loguidice, D.P.C (B&L), collected a single PFAS sample from Waste Management’s Poestenkill Transfer Station site supply well located at 9004 NY-66, Poestenkill, NY 12018 (Refer to Figure 1).

The PFAS sample was collected directly from the well by removing the protective supply well cover and lowering a certified PFAS-free bailer down the well using cotton twine.

Prior to sample collection, water was allowed to run for 15 minutes from the inside faucet to allow representative formation water to be collected within the well casing.

The static water level was measured to be approximately 10 feet below the top of steel casing.

Nitrile gloves were worn when collecting and pouring the sample into laboratory supplied PFAS sampling containers.

The sample was placed in a cooler, preserved on ice and hand delivered under chain-of-custody to the TestAmerica Service Center located in Albany, NY.

The sample was analyzed for PFAS using the New York State Department of Environmental Conservation (NYSDEC) recommended EPA Method 537.1, twenty-one (21) compound list.

Two PFAS compounds were detected at the supply well location; however, when compared to the NYSDEC Part 375 Guidance Values as outlined in the January 2021 Sampling, Analysis, and Assessment of Per- and Polyfluoroalkyl Substances, no exceedances were observed.

Perfluorooctane sulfonic acid (PFOS) was detected at a concentration of 6.8 parts per trillion (ppt) and perfluorooctanoic acid (PFOA) was detected at a concentration of 2.6 ppt.

Both compounds were found to be below the established New York State Maximum Contaminant Level (MCL) drinking water standard value of 10 ppt.

The analytical laboratory report and summary results table comparing results to the Part 375 Guidance Values are presented as attachments.

Should you have any questions, please do not hesitate to contact us.

Sincerely,

BARTON & LOGUIDICE, D.P.C.

Bryce D. Dingman, P.G.
Senior Managing Hydrogeologist
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Re: THE PAUL PLANTE STORY

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NEWS 10

"Officials no closer to finding source of PFOA contamination in Poestenkill, says councilmember"


by: Richard Roman

Posted: Jan 7, 2022 / 02:01 PM EST / Updated: Jan 8, 2022 / 06:25 PM EST

POESTENKILL, N.Y. (NEWS10) – PFOA and PFAS have been detected in several wells in Poestenkill, including Algonquin Middle School.

PFOA was originally found in the middle school in January 2021.

However, officials have yet to find a source for the contamination.


Poestenkill Town Councilmember Eric Wohlleber said the New York State Department of Environmental Conservation (DEC) is no closer to finding the source of the contamination than they were a year ago.

Wohlleber is calling on the DEC and New York State Department of Health (DOH) to provide a list of potential sources of the contamination that will include a plan of suggestions provided by the residents of Poestenkill, to dig monitoring wells along with testing results.

“We must find the source of the contamination, identify the area which is impacted and begin the remediation process, as soon as possible,” said Wohlleber.

“At the current pace, NYSDEC and NYSDOH show no eagerness to seriously identify the source, and have not shared a plan which will set residents’ concerns at ease that the necessary steps are being taken.”


“In one-year, our residents have witnessed a lackadaisical effort by the NYSDEC and NYSDOH to ensure we have safe drinking water."

"Our residents are not asking for special treatment, just the same support, and urgency which was given to our neighbors in Hoosick Falls and Petersburgh,” said Wohlleber.

NEWS10 reached out to DOH and DEC for comment.

According to DOH, the levels of exposure to PFOA from drinking water in the Poestenkill area are much lower than what occurred in the past in the Hoosick area.

Erin Silk, NYSDOH department spokesperson, said:

“NYSDOH is aware there may be community members interested in blood testing for PFAS exposures in Poestenkill."

"DOH is available to discuss the potential utility and limitations of biomonitoring with interested residents and officials.”

The DEC said they have taken immediate action to address PFAS in Poestenkill and are thoroughly investigating any potential sources for the contamination.

“Responding to drinking water contamination in Poestenkill, or any community in New York, is always a top priority for the State."

"We have been on the ground in this community since the contamination was first detected at Algonquin Middle School to immediately address any potential exposure to PFAS contamination and protect public health."

"In the year since, our experts are working directly with the county and the town in a coordinated, science-based approach to investigate this issue and take action."

"We have extensive investigative work underway in this community to evaluate any potential sources of groundwater contamination in the vicinity of the Middle School, and have already preliminarily ruled out several potential sources including the transfer station and Poestenkill landfill."

"We look forward to continuing to keep residents and officials informed throughout the process.”


- DEC EXECUTIVE DEPUTY COMMISSIONER SEAN MAHAR

https://www.news10.com/news/poestenkill ... pfoa-pfas/
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Re: THE PAUL PLANTE STORY

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NEWS 10

"Source of PFOA in Poestenkill still unclear after 8th round of testing"


by: Sara Rizzo

Posted: Jan 19, 2022 / 11:27 AM EST / Updated: Jan 19, 2022 / 11:27 AM EST

POESTENKILL, N.Y. (NEWS10) — After eight rounds of PFOA testing in Poestenkill, officials still have not found the source or sources of the contamination.

One additional property was also found to have levels of PFOA above state-permitted levels.

Twelve properties were tested during this round.

Samples were taken from Weatherwax Road and locations that were previously offered sampling around the area of Algonquin Middle School.

Six properties showed non-detections, five showed detections of PFOA/PFOS below the state maximum level standards for public drinking water, along with the one over state-permitted levels.

Officials said the source of the contamination has still not been found.

The county and state have been investigating the possibility of multiple, unrelated sources.


The state has conducted expanded testing in the area around the middle school.

Officials said the town is also working to develop a public water district in Poestenkill to cover areas affected by PFOA contamination.

Testing started after PFOA/PFOS was discovered during state-mandated testing at Algonquin Middle School at the beginning of 2021.

The county has since collected samples for 89 private wells, with 14 wells testing at or above the drinking water standard for PFOA/PFOS.

The 14 wells that have been found to have detections of PFOA above half of the drinking water standards will likely be resampled at some time in the future.

Officials said the lack of a source has restricted the ability for wide-spread testing.

“Residents should know the county continues to work cooperatively with the state and the town to provide an effective response to this issue."

"Residents can call our office at (518) 270-2632 if they have additional questions,” said Rensselaer County Public Health Director Mary Fran Wachunas.

https://www.news10.com/news/local-news/ ... is%20round.
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Re: THE PAUL PLANTE STORY

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CBS 6

"One year after PFOA/PFAS found in Poestenkill, town official calls for more to be done"


by J.T. Fetch

Saturday, January 8th 2022

POESTENKILL - It has been one year since elevated levels of potentially dangerous PFAS chemicals were found in drinking water in the Rensselaer County Town of Poestenkill, and local officials are still pushing for the state to do more to find the source.

Local officials say on January 7, 2021, NYS officials learned that there were elevated levels of PFOA/PFAS in the well water serving the Algonquin Middle School.

Deputy Town Supervisor and Councilman Eric Wohlleber says 77 locations have been tested in a year, with 17% above the state maximum contaminant level ( MCL) for the chemicals.

58% showed at least some level.

There has not been enough testing according to Wohlleber:

"Today, right now, someone if not somebodies in Poestenkill are drinking contaminated water, right now we know that, based on all the tests they've done."

"What is their answer to that right now?"

"What are they going to do to find the source?" said Wohlleber.

However, DEC says they remain committed to finding where the chemicals are coming from, and say the testing process has been a phased and targeted approach by the county and the state.

DEC officials also say they're continuing to follow the science:

"These again are very low level detections of these emerging contaminants, just above the MCL."

"The data that we have so far doesn't lead us to believe that there's a larger plume or potential source of this contamination, but that's what we have to figure out right now, and that's why we're doing the investigation work exactly the way we are."

"We're letting science be our guide,” said Sean Mahar, an Executive Deputy Commissioner with the NYS Department of Environmental Conservation.


DEC last held public sessions for residents in early December, and they anticipate at least another update at the end of this month or early next month, as they want to include important data.

A Spokesperson for the NYS Department of Health says DOH is aware that residents want to test their blood for PFAS levels, and says they're available to discuss it with residents and officials.

A DEC website outlining the situation in Poestenkill can be found here.

The most recent update from the Town of Poestenkill can be found on their homepage.

https://cbs6albany.com/news/local/one-y ... to-be-done
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Re: THE PAUL PLANTE STORY

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January 26, 2022

FOIL #: 22-01-169

Dear Paul Plante:

This letter responds to your Freedom of Information Law (FOIL) request of January 12, 2022, in which you requested:

A[ll] application documents submitted to the DOH by the Averill Park School District in 1967 pursuant to Part 5 for Public Water Supply NY4117257 to serve the Algonquin School in Poestenkill including the well log for well No. 1 and well No. 2, as well as any and all engineering reports required by part 5 for a public water supply.

Please be advised that after conducting a diligent search, no records responsive to your request have been located.

Records of the type you have requested may be maintained by the Rensselaer County Department of Health. 

The contact information for this office is as follows:

Rensselaer County Department of Health
1600 Seventh Avenue
Troy, NY 12180
Phone: (518) 270-2626

Should you feel that you have been unlawfully denied access to records, you may appeal such denial in writing within 30 days to the Records Access Appeals Officer, Division of Legal Affairs, Empire State Plaza, 2438 Corning Tower, Albany, New York 12237-0026.

If you require additional information or wish to discuss this matter further, please do not hesitate to contact me at (518) 474-8734.

Sincerely,

Rosemarie Hewig, Esq.
Records Access Officer
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