THE PAUL PLANTE STORY

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"New PFOA/PFOS positive result in Poestenkill"

Kenneth C. Crowe II, Albany, New York Times Union

Nov. 14, 2021

POESTENKILL – The Rensselaer County Health Department reported Friday that one new property tested above the state permitted level for PFOA/PFOS and a source for the contamination has not yet been identified.

This brings to eight the number of private wells that have tested above the state level of 10 parts per trillion.

The county has tested samples from 72 wells and is waiting for reports on an additional 36 wells.

The county tests wells on properties where the owners have agreed to participate, said Public Health Director Mary Fran Wachunas.

“We can also report the four rounds of testing have yet to reveal a source for the contamination, and we are in fact reviewing whether there are multiple sources involved in the Poestenkill situation,” Wachunas continued.

The county is testing for PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid).

PFOS has been used in stain-resistant fabrics, firefighting foams, food packaging and other processes.

PFOA contamination has been a major issue in Rensselaer County since 2014 when municipal water supplies and private wells were found to have been contaminated by the substances that could be traced to large manufacturing facilities in Hoosick, Hoosick Falls and Petersburgh.

The Poestenkill results have been far below the levels recorded in the northeastern section of the county.

The issue arose in Poestenkill after the Averill Park school district discovered the wells at Algonquin Middle School were contaminated after the district conducted state required testing in January. 

The latest sampling results came from sites located north and west of the middle school.

When a residential well tests above the state level, the state Department of Environmental Conservation provides bottled water while a home treatment system is installed.

The county and state agencies are investigating to determine if there may be multiple, unrelated sources for the contamination.

Residents can call 518-270-2632 if they have additional questions.

The latest county announcement came as local residents announced the formation of “Concerned Citizens for Clean Drinking Water (CCCDW), to share information, advocate at all government levels and keep the larger community informed regarding the PFAS contamination found at Algonquin Middle School and nearby homes. 

CCCDW’s goal is to restore safe drinking water to their community.”

“The pace of testing has not given us confidence that all parties will determine the source in a timely manner”, said Phil LaRocque, a member of CCCDW.

https://www.timesunion.com/news/article ... 617199.php
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"This Rensselaer County community wants answers on PFOA contamination"

Kenneth C. Crowe II, Albany, New York Times Union

Sep. 28, 2021

Updated: Sep. 28, 2021 1:28 p.m.

POESTENKILL – Rensselaer County and state agencies are methodically expanding their study of PFOA contamination near the Algonquin Middle School, but residents want a more intense study that will test more wells and find the source of the chemical that studies show could cause cancer.

This week, the county Health Department, the state Health Department and the state Department of Environmental Conservation are testing 10 more wells in the second round of seeking out where the pollutants have spread in local groundwater.

That will bring to 20 the number of private residential wells tested since the state-required tests at the middle school were conducted in January.

Those tests revealed that PFOAs were found in the water drawn from the school’s wells.

The area for testing wells is moving south and east from the middle school.

At a community meeting on PFOAs Monday night that drew 100 people to the Veterans of Foreign Wars hall, and 50 more watching online Monday, Evan Eisenhandler spoke out for determining where the contamination is in a broader area.

“This could be the leading edge, the body of the plume or the tail,” Eisenhandler said.

Sean Mahar, DEC chief of staff, reiterated that the testing is following where the science leads it.

The testing of wells is moving southeast from the school after two tests exceeding the state standard of 10 parts per trillion were found among the first 10 wells tested.

One of those tests came in at 24 ppt.

The results came from 10 homes that voluntarily participated in the county and state testing program.

The presence of PFOAs became a concern after the Averill Park Central School District reported that water tests showed PFOA levels of 12 parts per trillion.

The district shut off the middle school’s water fountains and water taps.

PFOAs in drinking water have been a concern for county residents since 2014 when municipal water supplies and private wells were found to be contaminated in Hoosick, Hoosick Falls and Petersburgh from industrial sources.

“When you’ve got PFOA in groundwater you’ve got a problem,” said Judith Enck, a town resident and former New York regional administrator of the U.S. Environmental Protection Agency.

“This is just feeling as if Hoosick Falls never happened,” Enck said about the situation in her hometown.

Residents clamored for more information about the potential source.

Officials said there does not appear to be an industrial source, as was found in the Hoosick Falls area.

Bob Brunet, the Poestenkill water manager, said as many as nine possible sources have been suggested, including garbage transfer stations, a former town landfill, a fire scene where foam containing PFOA may have been used, and a long-closed race track.


https://www.timesunion.com/news/article ... 493397.php
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NEWS CHANNEL 10

"Concerns about possible water contaminates"


by: Jamie DeLine

Posted: Oct 22, 2021 / 05:48 PM EDT / Updated: Oct 24, 2021 / 06:11 AM EDT

POESTENKILL, N.Y. (NEWS 10)—When it comes to their drinking water, neighbors in Poestenkill are terrified of the harm PFOAS or PFAS, contaminates can cause.

Since the discovery of contaminates in Algonquin Middle School’s water, everyday tasks are now causing anxiety for community members.


At this point, it’s unclear where the contamination source is.

New York State Department of Health, Department of Environmental Conservation, and Rensselaer County are working to conduct an investigation.

While not every residence in Poestenkill has been asked if their water could be tested, The DEC does encourage people to test their wells.

“The Poestenkill area, if anyone else is taking their own sampling, we encourage them to share that data with DEC, Rensselaer County DOH, and NYS DOH, so we can evaluate that as a part of our ongoing investigation,” said Sean Mahar, Chief of Staff for NYS Department of Environmental Conservation.

Through the town of Poestenkill, residents have the option of having their water tested for a reduced price of $350.

Town legislation to make this testing free for the community did not pass during Thursday night’s heated board meeting.

The accuracy of the testing was called into question by the town supervisor.

Keith Hammond: “These basically aren’t much better than a Walgreens COVID test."

"They give peace of mind to people, and they are right most of the time, but they aren’t the most accurate tests,” stated Keith Hammond, Poestenkill Town Supervisor.

Judith Enck, a Former Regional EPA Administrator lives in Poestenkill and said she was surprised to hear this response as one of the reasons why the legislation didn’t pass.

“Having the town supervisor question the accuracy of a lab that the town itself lined up for people to use, was a little strange,” explained Enck.

“The lab has a good reputation."

"It’s approved by the state health department."

"I questioned the town supervisor where he got that information from and he vaguely said from the state.”

New York State certified labs can be found on the department of health’s website.

News 10 contacted the local laboratory for a response and is waiting to hear back.

https://www.news10.com/news/concerns-ab ... taminates/
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20 November 2021 Edition

POESTENKILL CITIZENS' NEWS - Live, late, breaking, news as it happens, all the news that is fit to print!

Beware Weasel Words in Poestenkill on 8 December 2021


For those unfamiliar with the term, "weasel words" are defined as "words or statements that are intentionally ambiguous or misleading," and no better example of the use of "weasel words" to mislead and gull the unsuspecting in Poestenkill can be found than in the slick, professional propaganda spew put out recently by the DEC entitled "PROTECTING POESTENKILL’S DRINKING WATER AND INVESTIGATING PFAS CONTAMINATION, Two Public Availability Sessions Scheduled for Dec. 8, 2021," where under the heading "Potential Source Investigations - Waste Management Transfer Station," we were informed that a sample from the water supply well located at the transfer station was collected and analyzed for PFAS compounds in September and "No exceedances of drinking water standards were found."

Which means that yes, PFOA or PFOS were found in the well, but they don't want us to really know that, so they use those "weasel words," instead, because if PFOA is in that well, it raises the ugly question of exactly how it got there, a question the answer to which is troublesome for the DEC and Poestenkill, as well, so they slough it off by saying "no exceedances," which is how lawyers and politicians talk, using those kind of weasel words to mislead.

A true public health professional responsible to the public for protecting and safeguarding their health and well-being does not mislead the public by lying to them or using "weasel words" to mislead them, as the DEC is doing here with this talk of "no exceedances," and let us be very clear here, the DEC and Poestenkill are not public health professionals by a long shot.

Which brings us back to the DEC propaganda statement that "The New York State Departments of Environmental Conservation (DEC) and Health (DOH), and the Rensselaer County Department of Health (RCDOH), are working together to protect the public health and environment of the Poestenkill community."

Which raises the question of since when, given that they have not been working together to protect the public health and environment of the Poestenkill community since around 1978, which serves to illustrate just how patently ridiculous that statement is because if the DEC, DOH, and the RCDOH had been doing their duty to work together to protect the public health and environment of the Poestenkill community, there would be no PFOA in our drinking water today, and we would not be having this discussion of where the PFOA now fouling our drinking water wells came from in the first place.
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COMMUNITY UPDATE

NOVEMBER 2021

PROTECTING POESTENKILL’S DRINKING WATER AND INVESTIGATING PFAS CONTAMINATION

Two Public Availability Sessions Scheduled for Dec. 8, 2021

The New York State Departments of Environmental Conservation (DEC) and Health (DOH), and the Rensselaer County Department of Health (RCDOH), are working together to protect the public health and environment of the Poestenkill community.

The following is an update from the October 2021 community update: dec.ny.gov/docs/remediation_hudson_pdf/poestenkillupdate1021.pdf

To update the community on the ongoing efforts to protect drinking water supplies and investigate potential sources of contamination, DEC, DOH, and RCDOH are holding two public availability sessions on Wednesday, Dec. 8, from 3 to 5 p.m. and again from 6 to 8 p.m.

At the availability sessions, DEC, DOH, and RCDOH experts will staff individual stations on the various aspects of the investigation and agency response, providing opportunities for local residents to ask questions of experts one on one.

Like an open house, residents can arrive and depart at any time during the sessions.

AVAILABILITY SESSIONS

Wednesday, Dec. 8, 3-5 p.m. and 6-8 p.m.

Algonquin Middle School Cafeteria

Join representatives from DEC, DOH, RCDOH, and the Town of Poestenkill to learn about efforts to protect drinking water supplies and investigate PFAS contamination.

The State and County’s comprehensive investigation began after DOH-required public water supply sampling at the Algonquin Middle School detected the emerging contaminants per- and polyfluoroalkyl substances (PFAS), specifically perfluorooctanoic acid (PFOA), at levels slightly above New York’s public drinking water standards for these emerging contaminants of 10 parts per trillion (ppt).

The school is currently installing a granular activated carbon (GAC) system to filter the PFOA and other PFAS and effectively treat the contaminants to provide clean water to the school community.

Private Well Testing

In August 2021, RCDOH began sampling nearby private wells starting with those closest to the school.

To date the County has contacted 95 private homes to sample wells, 72 wells were tested, and the County has shared the available results for 52 wells.

PFOA or PFOS was detected slightly above the State’s public drinking water standards in ten of the 52 sampled private wells, and DEC is providing those homes with point-of-entry treatment systems (or POETs) to filter out PFAS and provide clean drinking water.

The remaining 42 private wells did not show PFAS detections above the standards.

Results are pending for 20 private wells and are expected in the coming weeks.

Residents who collect their own samples are encouraged to share the results with the RCDOH.

Potential Source Investigations

As part of the State’s ongoing effort to identify potential sources of PFAS contamination in the school's water supply and surrounding private wells, DEC is taking the following actions:

Algonquin Middle School.

Following the PFAS detection at Algonquin and other properties adjacent to the school, New York State developed a plan to help determine the source of PFAS found in the school’s water supply.

This is conducted by collecting and analyzing samples of soil and groundwater on the school property near the impacted wells, adjacent to the septic drain field, and along the property boundary.

DEC began field work on Nov. 10 and completed a total of 22 soil borings and installed six shallow temporary monitoring points along the perimeter of the property nd around the septic system drain fields behind the school using a drill rig as shown below.

Samples of soil and shallow groundwater were collected during the drilling program.

DEC also collected samples of surface water and sediment from the creek which runs along the south and west of the school.

All samples will be tested for multiple PFAS chemicals using a certified laboratory for analyses.

Select wells will also be sampled for volatile organic compounds.

Results of this sampling are anticipated to be available in early December and will further guide investigation and response efforts.

Based on the results of the initial phase of sampling at the school, additional sampling offsite may be warranted.

Future work may also involve the use of specialized equipment and methods to understand the depth and orientation of bedrock fractures and help with the placement of permanent groundwater monitoring wells into bedrock.

In addition to sampling groundwater, measurements of water depth will also be taken to assess groundwater flow direction and gauge whether contamination may be emanating from an off-site source or sources.

Poestenkill Landfill.

DEC collected samples of groundwater from six wells at the closed landfill in late October.

The samples are being analyzed for a wide range of contaminants, including PFAS and 1,4-dioxane.

Final results are expected by early December.

Based on the results of groundwater sampling at the landfill, properties with private wells near the landfill that are not connected to the public water supply may be targeted for sampling to evaluate any drinking water sources affected by the landfill.

Waste Management Transfer Station.

A sample from the water supply well located at the transfer station was collected and analyzed for PFAS compounds in September.

No exceedances of drinking water standards were found.

Further investigations at the transfer station may be warranted depending on the results of DEC’s investigation efforts in the area.

As part of DEC’s statewide and ongoing efforts to assess facilities that have or may have used PFAS, groundwater sampling at two local manufacturing plants (Dynamic Systems Inc. and Saint-Gobain Performance Plastics) is being conducted at the request of DEC.

Samples will be analyzed for PFAS and 1,4-dioxane.

Results will be summarized and shared with the public.

Ongoing Community Engagement

Private well sampling by RCDOH is ongoing and will be expanded as needed based on sampling results from private wells and from the source investigations.

If any exceedance of drinking water standards is found, DEC, DOH, and RCDOH will immediately provide an alternate water supply to ensure the protection of public health.

DEC, DOH, and RCDOH experts will continue to keep the community informed about the area-wide activities throughout the process and are always available to answer questions from residents.

Please see “who to Contact” below for key points of contact.

WHO TO CONTACT

DEPT. OF ENVIRONMENTAL CONSERVATION


Susan Edwards (518) 402-9779
Susan.Edwards@dec.ny.gov

DEPT. OF HEALTH

Justin Deming (518) 402-7882
Justin.Deming@health.ny.gov

RENSSELAER COUNTY DEPT. OF HEALTH

Rich Elder (518) 270-2632
RElder@rensco.com
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9/1/21 – Statement by County Executive McLaughlin, Supervisor Hammond and Public Health Director Wachunas on Two Samples of PFOS Found in Poestenkill

Rensselaer County Executive Steve McLaughlin, county Public Health Director Mary Fran Wachunas and Poestenkill Supervisor Keith Hammond issued the following statement regarding samples showing levels of PFOA above state-permitted levels at two residences in the Town of Poestenkill:

“We have been briefed on two samples taken in Poestenkill that show levels of PFOA above the level permitted by the state."

"The samples were confirmed by testing conducted by the Rensselaer County Health Department in conjunction with New York State Department of Health and Department of Environmental Conservation,” said McLaughlin.

“Rensselaer County is also working with the Town of Poestenkill to respond to this situation, and residents should know there is a good level of cooperation between state, county and town at this point,” added McLaughlin.

“The testing was conducted on 10 properties near the Algonquin Middle School following required testing by the school found levels of PFOAs at the school above the state permitted level."

"Following these two samples, we will be expanding the test area and our Health Department is now reviewing additional properties for testing."

"We will also be seeking additional resources from the state for a response,” said McLaughlin.

“When I was informed of these two samples, I drove out to the two properties and dropped off bottled water."

"I was able to speak to one of the residents at a property involved."

"Residents should know the county will give this priority attention and will provide updates on the situation when received,” concluded McLaughlin.

“The town is working with the county and the state to both monitor the situation and respond where needed."

"We have known this has been an issue since news of the levels at the Middle School was announced earlier this year."

"Residents should know that extra testing is coming and that more information will be provided when we get it,” said Hammond.

“There is good communication and cooperation between everyone working on this situation, and we will continue to be responsive to residents and property owners as we learn more,” added Hammond.

“We are continuing to assemble information and data on this issue, and working closely with New York State Department of Health and Department of Environmental Conservation to fully respond,” said county Health Director Mary Fran Wachunas.

“The county will be reaching out to property owners in the coming days, and ask for patience from residents as we continue to investigate."

"We will provide timely updates so residents, property owners and those who in the area are given necessary information,” said Wachunas.

Residents and property owners in the area involved can call the Rensselaer County Health Department’s Environmental Division at 518-270-2655.

https://www.rensco.com/press/9-1-21-sta ... estenkill/
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USGS Characterizes Flow Paths for Movement of PFAS in Groundwater in Southeastern Pennsylvania

Release Date: JUNE 4, 2020

A USGS study characterized groundwater flow paths from possible PFAS sources at three former and active military facilities in southeastern Pennsylvania.

The new research will help federal, state and local officials, water resource managers and the public as they work to address PFAS contamination in groundwater and surface water used for private and public water supply.


The researchers characterized groundwater flow in the vicinity of the former Naval Air Warfare Center Warminster and Willow Grove Naval Air Station Joint Reserve Base, as well as the active Horsham Air Guard Station, which is a section of the former Willow Grove NASJRB.

Past sampling of some of the residential and public supply wells in that area found per- and polyfluoroalkyl substances, known as PFAS, at concentrations above U.S. Environmental Protection Agency provisional health advisory levels for drinking water.

The study was done at the request of the U.S. Navy and in consultation with other federal and state agencies and local stakeholders.

PFAS are synthetic chemicals commonly used for fire-fighting foams, fire-retardant coatings on carpeting and clothing, linings of fast food boxes and other applications.

PFASs are not readily biodegradable and are susceptible to migrating away from the original source through water.

Groundwater can be a potential path for PFAS to move through aquifers used for water supply.

Knowing where the flow paths are can help determine where contaminants in groundwater are going, and how current contaminant distribution relates to source locations.

Sampling for PFAS concentrations in groundwater has been done in the area by the U.S. Navy, Air National Guard, EPA and public water suppliers since 2014.

Pumping of groundwater for public supply and private use near the bases has decreased since 2014, partly in response to presence of PFAS in groundwater.

The USGS developed a groundwater-flow model based on compilation and analysis of hydrologic data from 1999 to 2017 that includes water levels in wells, streamflow, point discharges to streams, groundwater withdrawals (pumping from wells and quarries) and precipitation.

This timeframe was selected based on data availability and to represent changes in water withdrawals and climatic conditions before and after PFAS contamination in groundwater was found in 2014.

The flow paths modeled by the USGS are consistent with the locations of many residential wells identified as having elevated PFAS concentrations.

USGS simulations showed groundwater discharge to withdrawal wells and local streams generally within a mile or two of the bases.

Decreased pumping increased flow-path discharge to streams and widened the potential spread.

There are some areas of observed PFAS contamination outside of the flow paths simulated in the model.

These areas include clusters of wells on the north side of Little Neshaminy Creek, north and southwest of the Willow Grove base and southwest and northwest of the Warminster base.

Possible explanations for the occurrence of elevated PFAS in groundwater in areas outside of simulated flow paths include data and modeling limitations, unknown mechanisms of PFAS transport, and (or) the presence of unidentified PFAS sources, including sources unrelated to Navy or Air National Guard activities.

Improved understanding of PFAS sources and potential contamination spread can help decisionmakers working to identify efficient monitoring programs and manage or mitigate contamination in these water resources.

The USGS report documenting the development of the model and simulation results as well as hydrologic data compiled and analyzed for the study is available online at https://doi.org/10.3133/ofr20191137.

https://www.usgs.gov/center-news/usgs-c ... e_products
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Re: THE PAUL PLANTE STORY

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DATE: 21 November 2021

TO: Susan Edwards, NYSDEC

RE: COMMUNITY UPDATE, NOVEMBER 2021, PROTECTING POESTENKILL’S DRINKING WATER AND INVESTIGATING PFAS CONTAMINATION, Two Public Availability Sessions Scheduled for Dec. 8, 2021

Dear Ms. Edwards:

On 20 November 2021, I and several of my elderly neighbors in the affected zone of the Town of Poestenkill where PFOA or PFOS now fouls our groundwater supply received a newsletter from the New York State Department of Environmental Conservation entitled "COMMUNITY UPDATE - PROTECTING POESTENKILL’S DRINKING WATER AND INVESTIGATING PFAS CONTAMINATION" where we were informed that to update the community on the ongoing efforts to protect drinking water supplies and investigate potential sources of contamination, DEC, DOH, and RCDOH are holding two public availability sessions on Wednesday, Dec. 8, from 3 to 5 p.m. and again from 6 to 8 p.m., and at the availability sessions, DEC, DOH, and RCDOH experts will staff individual stations on the various aspects of the investigation and agency response, providing opportunities for local residents to ask questions of experts one on one.

Nowhere in the brochure are we elderly residents of Poestenkill informed as to who these experts are, or what they are experts in, which makes it nearly impossible for these people to even begin to know what to ask them, not knowing their field of expertise.

Now, we do know that we are blessed here in the Rensselaer County Health District to have one of the most outstanding and highly respected public health engineers there is in America serving as our Associate Public Health Engineer and Director of Environmental Health, and we know by reputation that he himself has become an expert on bioaccumulation of PFOA as an Associate level public health engineer since public concern about PFOA has increased since its detection in blood serum and breast milk of humans.

As Rensselaer County Health District associate public health engineer, it is Mr. Elder's duty to provide guidance to the general public in regard to environmental health problems such as Poestenkill is now confronted with, as well as being responsible for the enforcement of the provisions of the Public Health Law and local and State Sanitary Codes in relation to environmental health matters, who comforts us by the fact that he is guided by science, which is the way it should be, as opposed to politics, and we know from him that PFOA levels may remain high for an extended period of time owing to their long half-life of 2 to 3 years in human serum, and the bioaccumulation of PFOA in human serum and tissues has led to adverse effects on human health, such as an increase in levels of uric acid, cholesterol, and liver enzymes, reduced fetal growth, and ulcerative colitis, which according to Mr. Elder as we understand it, this may also suggest the possibility of a PFOA role in several human pathologies such as liver diseases, cardiovascular diseases, chronic renal disease, and abnormal fetal development, which certainly gives us cause for concern now that we have it in our drinking water.

From what we understand from our expert, animal studies have revealed accumulation and distribution of PFOA in tissues leading to several toxicities including neurotoxicity, genotoxicity, nephrotoxicity, epigenetic toxicity, immunotoxicity, reproductive and developmental toxicity, and hepatotoxicity, and through the consumption of drinking water and food contaminated with PFOA, the intestinal wall is the initial line of contact with the contaminant.

He is also an expert we understand on modeling the mass transfer characteristics of plug flow of PFOA in groundwater as well as diffusion and transport of PFOA in groundwater, and accordingly, we feel it would be much more conducive to the flow of information if instead of this one on one, where nobody can hear what questions are being asked or answers given, which is a recipe for confusion as we see it, Mr. Elder were to give us group presentations on these subjects, especially the bioaccumulation aspects, which concern us greatly.

So who are the other experts, and what are their areas of expertise so we can prepared our questions for them beforehand?

And that brings us to our second question which is based on the opening statements of that notice, to wit:

The New York State Departments of Environmental Conservation (DEC) and Health (DOH), and the Rensselaer County Department of Health (RCDOH), are working together to protect the public health and environment of the Poestenkill community.

end quote

Which statement raises the question with respect to the DEC of since when?

Since when did the NYSDEC begin working to protect the public health and environment in Poestenkill, given its well documented history of working assiduously to degrade our environment and strip us of our quality of life in this town since at least 1992, which brings us to a decision of Hon. Robert C. Williams, JSC, on 29 October 1993 in The Matter of the Application of Paul R. Plante For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules against New York State Department of Environmental Conservation and Thomas C. Jorling as Commissioner of the New York State Department of Environmental Conservation and Benson Bros. Disposal, Inc. wherein the Judge stated as follows:

Petitioner Paul R. Plante seeks "an Order and/or judgment pursuant to Article 78 of the Civil Practice Law and Rules to annul the New York State Department of Environmental Conservation's determination on April 7, 1993 to issue a Part 360 Solid Waste Management Facility Construction Permit to Benson Brothers Inc., together with costs and disbursements of this action.

The Court next addresses the DEC's motion to remand the permit for further proceedings.

The DEC has admitted that it issued the permit in reliance on an incomplete application and in violation of applicable statutes (Affirmation of Kathleen Liston Morrison in Support of State Respondents' Request for Remand ["Liston Aff."], para. 2]).

end quotes

That of course was an admission by the attorney for DEC of a Class E felony committed by the DEC in violation of Section 175.40 of the Penal Law, “Issuing a false certificate,” which false certificate was then laundered through the compliant Poestenkill Town Board, which false certificate was at issue in Matter of Paul R. Plante v. Poestenkill Town Board, Jay F. Nish, Paul Sieloff, Nelson Armlin, Mark Dunlea and Kristine Legenbauer, Index No. 179138, which case was decided in my favor by a decision of Rensselaer County Supreme Court Justice Edward O. Spain on March 28, 1994 wherein Judge Spain annulled a resolution of the Poestenkill Town Board made on November 10, 1992 based upon facts stated under oath by myself in my pro se petition in that matter because the Town Board issued an approval for the Poestenkill regional garbage reception center at the intersection of 66 and 351 in Poestenkill based on the fraudulent waste management facility permit issued by DEC to Benson Brothers Disposal, Inc. now owned by Waste management.

So if the DEC was really concerned with protecting the public health and environment in Poestenkill, why did it issue that fraudulent permit?

Going back to that same decision, the Court stated further as follows:

The petitioner alleges that he lives about a half a mile from the facility (Verified Petition, para. 249).

He claims that discharge from the facility will run into his surface or groundwater (id. at 244-255), that noise from the facility will affect him (id. at 265-66), that odor from the facility will drift towards his residence (id. at 286-88), and that the facility will change the rural nature of the community.

In enacting article 27 of the ECL, the Legislature arguably sought to protect people living near solid waste facilities from environmental harm.

Accordingly, the Court finds that the petitioner has standing under common law principles governing that doctrine.

end quotes

But as subsequent history clearly demonstrates in the case of the Poestenkill transfer station, a possible source of the PFOA, the DEC never intended to protect people living near the Poestenkill transfer station from environmental harm.

Quite to the contrary, we were all deemed expendable, not worthy of protection, which is a classic definition of environmental injustice by the DEC, and now, despite my considerable efforts to protect my groundwater and my well and have it be otherwise, my well is now fouled with PFOS, which makes it worthless to me, unfit to even water pigs with out of fear of coming afoul of the State of New York for using water unfit for a pig to water the pigs with, and that thought takes us to March 25, 1999 and a Times Union article by Michelle Morgan Bolton entitled “Residents denounce DEC’s trash deal – Waste Management’s fine fails to satisfy townspeople, who vow further action in state court,” where we were informed as follows concerning NYSDEC burying a laundry list of some $312,000 worth environmental crimes at the NYSDEC-permitted Poestenkill transfer station, this right in front of our eyes in Poestenkill town court, which is a measure of the outright contempt the DEC had for our environment and our public health and us, to wit:

“They’ve given the company a get-out-of-jail-free card,” said Paul Plante, one of the residents who claims the company is violating its permit.

“For $20,000, the DEC will keep its back turned.”

“We have been severed from any protection of the law whatsoever.”

Waste Management denied the violations named in the consent order, yet signed it and paid the fine.

All pending action against the company, including citations issued by the town’s code enforcement officer, along with the DEC’s criminal and administrative actions, are now null and void, the order states.

end quotes

So POOF, one day, there was a fire!

And as a result, all records of those crimes were buried by DEC in a cover-up, and now, giant Waste Management has a clean record as if those environmental crimes had never happened, which is why DEC can’t find the source of the PFOA without incriminating themselves as well.

So if the DEC was really concerned with protecting the public health and environment in Poestenkill, why did it bury those environmental crimes and give Waste Management a clean slate?

How do you see that protecting the public health and environment in Poestenkill?

More like protecting the polluters and environmental criminals, is it not?

Which brings us back to the recent public notice, and these "weasel words," contained therein, where "weasel words" are words or statements that are intentionally ambiguous or misleading," to mislead and gull the unsuspecting in Poestenkill, where under the heading "Potential Source Investigations - Waste Management Transfer Station," we were informed that a sample from the water supply well located at the transfer station was collected and analyzed for PFAS compounds in September and "No exceedances of drinking water standards were found."

Which means that yes, PFOA or PFOS were found in the well, but the DEC doesn't want us to really know that, so they are using those "weasel words," instead, because if PFOA is in that well, it raises the ugly question of exactly how it got there, a question the answer to which is troublesome for the DEC and Poestenkill, as well, so they slough it off by saying "no exceedances," which is how lawyers and politicians talk, using those kind of weasel words to mislead.

A true public health professional responsible to the public for protecting and safeguarding their health and well-being does not mislead the public by lying to them or using "weasel words" to mislead them, as the DEC is doing here with this talk of "no exceedances," and let us be very clear here, the DEC and Poestenkill are not public health professionals by a long shot.

So why is the DEC misleading us using "weasel words" like "no exceedances" if the DEC is really concerned with protecting the public health and environment in Poestenkill?

And my final question is that now I have been harmed, what does the DEC plan to do to make me whole again by restoring my environment and my water supply?

Thanking you in advance for your prompt attention to getting answers for these questions so I can further prepare for this December 8, 2021 public meeting on PFOA in Poestenkill, I remain

Sincerely,

Paul R. Plante, NYSPE
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

HOOSICK FALLS WATER CONTAMINATION FIASCO TIMELINE

Point 1: Subsequent to the adoption of §3 of ARTICLE XVII of the New York State Constitution, Public Health, approved by vote of the people November 8, 1938, which section states "§3. The protection and promotion of the health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legislature shall from time to time determine," by vote of the people in 1946, Rensselaer County became a Health District pursuant to the NYS Public Health Law, a fact reflected in the Rensselaer County Charter enacted in 1971:

LOCAL LAW NO. 2, 1971 - A LOCAL LAW ADOPTING A COUNTY CHARTER FOR THE COUNTY OF RENSSELAER IN ACCORDANCE WITH THE PROVISIONS OF THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK

ARTICLE 8 - DEPARTMENT OF HEALTH

Section 8.00 County Health District; Department of Health; Commissioner; Appointment; Qualifications; Term

The County of Rensselaer shall be a county health district.

There shall be a Department of Health under the direction of a Commissioner of Health, who shall be appointed by the County Manager, subject to confirmation by the County Legislature.

At the time of his appointment, and throughout his term of office, the Commissioner shall be and remain duly licensed and entitled to practice medicine in the State of New York and shall have such other qualifications as may be required by law.

He shall be appointed and serve pursuant to the provisions of the Public Health Law.

He shall be directly responsible to the County Manager.

Section 8.01 Powers and Duties

The Commissioner of Health shall be the chief administrative officer of the Department.

Except as otherwise provided in this Charter, he shall have all the powers and perform all the duties conferred or imposed by law upon a county commissioner of health, and shall perform such other and related duties required by the County Manager.

Section 8.02 Board of Health

There shall be in the Department a Board of Health whose members shall continue to be appointed by the County Legislature in the manner and for the term provided in the Public Health Law.

The Board of Health, subject to the provisions of the Public Health Law and the State Sanitary Code, shall have the power to formulate, adopt, promulgate, amend or repeal such rules and regulations as may affect public health within the county; to formulate, adopt, promulgate, amend or repeal a County Sanitary Code; to consider any matters that may come to its attention relating to the preservation and improvement of public health within the County, and advise the Commissioner thereon, either at his request or upon its own initiative, and from time to time make recommendations to the Commissioner thereon.

Section 8.03 Deputy Commissioner of Health and Staff

The Commissioner shall have the power to appoint such Deputy Commissioners of Health, assistants and employees of his Department as shall be authorized by the County Legislature.

At the times of their appointment, and throughout their terms of office, all Deputy Commissioners of Health shall be and remain duly licensed and entitled to practice medicine in the State of New York, and shall have such other qualifications as may be required by law.

All Deputy Commissioners of Health shall be directly responsible to, and serve at the pleasure of, the Commissioner of Health.

Section 8.06 County Sanitary Code; Violations and Penalties.

The provisions of the County Sanitary Code shall have the force and effect of law.

Penalties for violation or non-conformance with any provisions of such County Sanitary Code or of any rule, regulation, order or direction made thereunder shall be in accordance with provisions of the Public Health Law of the State of New York.

Certified copies of the County Sanitary Code shall be received in evidence in all courts and proceedings in the State.

Point 2: In or about 1977, Kenneth Van Praag, the executive secretary of the NYS Republican Party was brought into the Rensselaer County Health Department as a Deputy Commissioner, despite the fact that he was not a doctor and had no medical training.

Point 3: Subsequent thereto, and with the full approval of the NYS Health Dept, which knew Van Praag was serving as a medical doctor in Rensselaer County without a license or qualifications, Van Praag was given full control of the Rensselaer County Department of Health.

Point 4: The Environmental Health Division of the RCHD, headed up by a licensed professional engineer in NYS further qualified by examination as an associate level public health engineer came into being in or about 1949.

Point 5: In or about 1982, Van Praag got rid of the licensed professional engineer heading up the Environmental Health Division, and although not qualified or licensed to practice as an engineer in NYS, with the knowledge and consent of the NYS Health Dept., Van Praag assumed those duties onto himself and starting making decisions reserved by law to a licensed professional engineer, a fact made clear in a March 15, 1989 REPORT OF INVESTIGATION OF NEW YORK STATE HEALTH COMMISSIONER DR. DAVID AXELROD CONFIRMING PAUL PLANTE'S ALLEGATIONS OF MISFEASANCE AND MALFEASANCE IN THE MANAGEMENT OF THE RENSSELAER COUNTY DEPARTMENT OF HEALTH, to wit:

In some cases, plans were improperly approved/signed by the Public Health Director without input from a Professional Engineer.

Time extensions for approval of plans were also approved by the Public Health Director without input from a Professional Engineer.

end quote

Point 6: After a four-year period of time where Van Praag was serving as an engineer in the Rensselaer County Health Department as well as a medical doctor, on one hand, there were complaints of gross negligence and lawless conduct in the Rensselaer County Department of Health reaching the desk of the governor which resulted in the State Health Commissioner shutting off state funding for the Environmental Health Division of the RCHD until such time as a licensed professional engineer did an investigation to root out endemic corruption, and on the other hand, a copy of Capital Land magazine appeared in Rensselaer County, bearing the words "DON'T DRINK THE WATER" on its cover, which was an expose of a cover-up by the state and county of chemical contamination of groundwater in Schodack from the Storonke Cooperage.

Point 7: As a result, in 1986 Paul R. Plante, P.E., was retained by Rensselaer County to restore integrity to the Environmental Health programs of the RCHD.

Plante was a licensed professional engineer qualified as an associate level public health engineer who had received his Masters in Environmental Engineering at RPI in Troy on an EPA fellowship sponsored by the NYSDEC.

As such, his duties were as follows:

RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER

This is a professional position involving responsibility for the planning, direction and supervision of the environmental health program of the Rensselaer County Department of Health.

The work involves providing advice and guidance to local officials and the general public in regard to environmental health problems and the measures necessary for improvements and compliance with legal requirements.

An incumbent provides leadership in the promotion of public health through application of environmental practices.

In addition, an employee is responsible for the enforcement of the provisions of the Public Health Law and local and State Sanitary Codes in relation to environmental matters.

TYPICAL WORK ACTIVITIES:

Supervises enforcement of provisions of local and state Public Health Laws and Sanitary Codes relating to air pollution, x-ray installations, public water supplies, sewerage and wastes disposal, operation of water and sewage treatment plants, swimming pools and bathing beaches, camps, hotels, lodging and boarding houses, resturants and public eating places, stream pollution, realty subdivisions, qualifications of water and sewage treatment plant operators, public health nuisances and related matters;

Makes environmental health investigations of outbreaks of disease;

Formulates and carries on or directs programs for training of water plant operators, environmental health personnel, food handlers, resturant proprietors, camp owners and other classes of operating personnel;

Formulates public health engineering and environmental health policies.

Approved Civil Service Commission, December 13, 1979

Point 8: In the 10 January 1988 edition of the Albany Times Union, there was a story entitled "Developers see a zealot in new county health officer" by Laurie Anderson wherein was stated "Plante is involved in several fierce feuds with developers, the most public of which involves Anderson, who is attempting to rally the county legislature, Buono, and the state Health Department to make Plante more compliant."

Plante was being pressured to stop his investigation of wrongdoing in the Rensselaer County DOH, to turn his back on serious groundwater contamination problems in Rensselaer County, and to honor bribes taken by public officials in return for DOH approvals.

Point 9: In a March 27, 1989 Report of the Federal Bureau of Investigation (FBI) concerning federal Hobbs Act investigation of corruption in the Rensselaer County (State of New York) Department of Health, it was stated as follows about the RCHD based on Plante's investigation:

"According to (name deleted), the results of the State's investigation were that New York State laws were not being followed by the Rensselaer County Health Department, Rensselaer County laws were not being followed by the Rensselaer County Health Department, and there was very little 'enforcement activity' even in the face of illegal sales."

"(Name deleted) advised that the Rensselaer County Health Department's oversight of realty subdivisions in that county is 'unsatisfactory'!"

"(Name deleted) also faulted the State of New York Health Department for not auditing Rensselaer County's program."

"(Name deleted) advised that he would not expect to find a worse county in the region (the Capital District region which comprises 17 counties)!"

"According to (name deleted), the object of any county health department is to protect the public and not to facilitate development."

"In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public."

Point 10: In a June 30, 1989 report of the U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION concerning Plante's investigation, it was stated as follows:

During the time that these hearings were proceeding, the New York State Department of Health produced a report which was predicated on a request by [DELETED BY FBI CENSORS] to investigate allegations of "misfeasance and malfeasance made by Paul Plante against the Rensselaer County Department of Health."

This REPORT, dated March 15, 1989, advised that, "the investigation found significant deficiencies in the Rensselaer County residential subdivision program and individual sewage program."

"We conclude that there has been inadequate oversight by the county Board of Health, inadequate supervision by the county Director of Public Health, insufficient support by the County Executive Office (the position of Environmental Health Director was vacant for four years) and failures of previous environmental health directors to enforce and follow the County Sanitary Code during the time period studied." (1978-1988)

Under the "FINDINGS" section of this report, the report stated "whenever documentation could be found, Paul Plante was found to be accurate in his statements of inappropriate code reviews."

Point 11: On October 11, 1988 Plante served this notice on Rensselaer County Executive John L. Buono concerning the cover-up of endemic corruption in the RCHD:

TO: John Buono, Rensselaer County Executive

FROM: Paul R. Plante, Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

Point 12: The following day, Plante was locked out of his office and never worked for Rensselaer County again.

His "absence" from his post as the associate public health engineer for the Rensselaer County Health District was explained to the state health department on October 13, 1988 as follows:

Dr. Ian T. Loudon, M.D.
Regional Health Director
State of New York Department of Health
Albany Regional Office
Building 7A
State Office Building Campus
Albany, New York 12226

Dear Dr. Loudon,

As of October 13, 1988, our Director of Environmental Health/Associate Public Health Engineer has been placed on a paid leave of absence status for thirty working days.

A copy of my memorandum to the County Executive on this matter, which cites contributing factors, is attached hereto.

Although there are other options available for dealing with this issue, I have hopes that the least painful and most humanitarian approach has been initially taken.

Whether Paul Plante sees it that way or not, I can't say.

Kenneth Van Praag
Rensselaer County Public Health Director

Point 13: A June 30, 1989 FBI Report explains Plante's removal as associate public health engineer as follows:

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to Plante, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

In Plante's view, the purpose of this "Ad Hoc Engineering Committee meeting" was to tell Plante how to do business in the Health Department, or else he "would not do business".

According to Plante, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, Plante understood, Health Department officials certified projects in return for contributions to various politicians.

******

Shortly thereafter, Plante was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that Plante was suffering from stress related to his service in Viet Nam.

Plante was replaced, in the Health Department, by one Claude Rounds who, according to Plante, immediately certified many of the projects which Plante had refused to certify because in Plante's view they were uncertifiable.

Plante stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (Plante) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" Plante.
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Re: THE PAUL PLANTE STORY

Post by thelivyjr »

DATE: 24 November 2021

TO: Susan Edwards, NYSDEC

RE: COMMUNITY UPDATE, NOVEMBER 2021, PROTECTING POESTENKILL’S DRINKING WATER AND INVESTIGATING PFAS CONTAMINATION, Two Public Availability Sessions Scheduled for Dec. 8, 2021

Dear Ms. Edwards:

Please accept these additional questions into the record as an addendum to my list of questions from 21 November, 2021, not a substitute for them, and please be advised that we require answers to these questions in a timely manner before 8 December 2021 so we can have a more clear understanding of what exactly this "one-on-one" with "experts," all of whom to us have clear and serious conflicts of interest, is really all about, and that brings us to our first question, to wit:

Question 1: WHO IS IN OVERALL CHARGE OF WHATEVER ACTUALLY IS GOING ON?

In the brochure we just received from the NYSDEC, we were told as follows:

The State and County’s comprehensive investigation began after DOH-required public water supply sampling at the Algonquin Middle School detected the emerging contaminants per- and polyfluoroalkyl substances (PFAS), specifically perfluorooctanoic acid (PFOA), at levels slightly above New York’s public drinking water standards for these emerging contaminants of 10 parts per trillion (ppt).

So who is in overall charge of this "comprehensive investigation?"

Basil Seggos?

Kathy Hochul?

Dr. Howie Zucker?

Steve McLaughlin?

Richard Elder, P.E.?

Which leads to the question then of why this particular kind of "community forum" which is far more conducive to a whitewash on the part of the NYSDEC as well as a forum designed to intimidate, divide, confuse and mislead a community of unsuspecting people who have been harmed by policies of the State of New York enacted through the Department of Environmental Conservation and the Town of Poestenkill as is clearly evident in the official files and records of the Town of Poestenkill, where there is an 810-page document in two volumes entitled Record on Appeal in Stanley Byer, Donna Carr, et al v. Town of Poestenkill which was filed with the New York State Supreme Court, Appellate Division - Third Department on February 6, 1996 on behalf of this same Town of Poestenkill by Salvatore D. Ferlazzo, Esq., a member of the law firm of Ruberti, Girvin and Ferlazzo, P.C. wherein at p. 2 of Volume I of that Record, the Notice of Appeal filed with the Court on October 4, 1995 by Ruberti, Girvin and Ferlazzo, P.C. as attorneys for the Town of Poestenkill states as follows:

PLEASE TAKE NOTICE that the TOWN OF POESTENKILL, the above-named Defendant, appeals to the Appellate Division of the Supreme Court, Third Department, from each and every part of the Decision and Judgment made in this action on the 18th day of September, 1995, by the Hon. James B. Canfield, Justice of the Supreme Court, filed in the Office of the Clerk of Rensselaer County on the 22d day of September, 1995, except that part of said Decision and Judgment that allows Paul R. Plante to Intervene in said action.

end quote

Of direct relevance to this issue of the very poor relationship of the NYSDEC with the people of Poestenkill which stems from the fact that over the years, the NYSDEC has treated us as less than animals, worthy of no protection of law whatsoever, the harm done to me personally, and my environment, which is an environment shared by others similarly situated, is documented by Supreme Court, Rensselaer County at p. 5 of Volume I of that Record and states in relevant part as follows:

In support of his Motion to Intervene, Plante maintains that he is an interested person in this litigation by virtue of the fact that he resides in the Town of Poestenkill, that he has been, and will continue to be, adversely affected by mining operations in that Town, and that he has a specific and personal interest in the outcome of this litigation.

Plante further contends that he has been involved in other litigation relative to mineral extraction operations in the Town of Poestenkill and that he has an extensive knowledge of the development of the Land-Use Code of the Town of Poestenkill.

The Court also notes that Plante is participating in this action/proceeding as plaintiffs' "expert" in his capacity as a licensed Professional Engineer and, in particular, his purported expertise in matters involving the New York State Environmental Quality Review Act, hereinafter referred to as "SEQRA".

In the case at bar, the Court finds it beyond cavil that Plante's property interests are at stake and that the same have been and will continue to be adversely affected in the event that plaintiffs are unsuccessful in their challenge to Local Law No. 2 of 1994.

Further, it is obvious that Plante is already involved in this litigation as plaintiff's engineering expert.

Thus, the Court concludes that Plante undoubtedly is an "interested party" under Section 7802(d) and that he is entitled to intervene in the instant proceeding.

Therefore, the Court, in the exercise of its discretion and in the interests of justice, grants Plante's Motion to Intervene in this action/proceeding.

end quote

I was adversely impacted by mineral extraction operations permitted by the NYSDEC, which brings us to what I think is an outstanding example of the sheer and utter contempt the NYSDEC holds the people of Poestenkill in, as if we were nothing more than feedlot cattle, if even that as the NYSDEC runs rough-shod over us in this town:

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RESPONSE TO COMMENTS

DEC #4-3838-00066/00003

FACILITY: Polaro Sand and Gravel
Town of Poestenkill, Rensselaer County

1. Letter from Town of Poestenkill

The Town of Poestenkill submitted a September 10, 2014 letter indicating they had not received any complaints about current operations at the mine site, and they supported issuance of a permit for the applied expansion.

Response:

The letter supports the issuance of the permit and no further comment is required.

end quotes

That was after I sent this following to the NYSDEC concerning that same matter:

22 NOVEMBER 2014

Nancy M Baker
NYSDEC Region 4 Headquarters
1130 North Westcott Rd
Schenectady, NY 12306

RE:Polaro Sand & Gravel Inc
8 Clement Dr
Poestenkill, NY 12140

Facility:

Polaro Mine
St Rte 351 (Round Top Rd)
Poestenkill, NY

Application ID:

4-3838-00066/00003

FALSE, MISLEADING, UNFOUNDED AND UNSUBSTANTIATED STATEMENTS IN SEPTEMBER 10, 2014 LETTER OF POESTENKILL TOWN SUPERVISOR DOMINIC JACANGELO IN CONNECTION WITH ABOVE MATTER

Dear Ms. Baker:

With respect to this above application, only recently was I appraised of the fact that on September 10, 2014, Poestenkill Town Supervisor Dominic Jacangelo had sent your office a writing in connection with this above permit application wherein he claimed, quite falsely, in fact, that there are no complaints concerning either this mine, or mining in general in the Town of Poestenkill.

Additionally, without any evidence, substance or foundation to support his specious assertion, in that writing Supervisor Jacangelo stated that by approving this application, this mining operation can continue to support the local economy, when in fact, the only economy being supported is that of Polaro, whom Supervisor Jacangelo has under his protection in the Town of Poestenkill.

As the extensive record in connection with this matter makes incandescently clear, there are indeed complaints with this mine and mining in general in the Town of Poestenkill, which is something you as a DEC Environmental Analyst would be well aware of at the time you received this September 10, 2014 Jacangelo letter, because in your official files and records in connection with this above application on Rt. 351 in the Town of Poestenkill, Rensselaer County, you have a two-volume document of 877 pages in length entitled Record on Appeal in Matter of Lascari et al v. DEC et al which was filed with the State of New York Supreme Court Appellate Division, Third Department on December 15, 1995 by your counsel of record in that matter, New York State Attorney General Dennis C. Vacco, Esq., wherein problems with mining in Poestenkill were well documented, and upheld by the Appellate Division of New York State Supreme Court, Third Department in or about 1996.

end quotes

So, having been blown off by the NYSDEC and treated as expendables all these many years by the NYSDEC, less than human, why does whoever is in charge of whatever actually is going on here think we are going to be so foolish as to put ourselves into another situation of where these "experts" can divide, intimidate and confuse us with this "one-on-one" forum where nobody can hear what was asked and what the answer was, which reminds us of a row of confessionals in a church where people stand on line waiting to confess their sins?

Why are we being treated as if we were all stupid out here?

Paul R. Plante, NYSPE
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