THE ADVERTISER Letters To The Editor
ZOOM meetings violate Open Meetings Law
June 9, 2022
With respect to open meetings to conduct the public’s business in the state of NY, NYS Public Officers Law Article 7, §100, the Legislative Declaration, states as follows: “It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy.”
“The people must be able to remain informed if they are to retain control over those who are their public servants.”
“It is the only climate under which the commonweal will prosper and enable the governmental process to operate for the benefit of those who created it.”
Those words are easy to understand, nor do you need a JD from Harvard to know what they mean, because laws aren’t written for lawyers; they are written for the common person.
So why then is the public’s business concerning PFAS in OUR groundwater being conducted in what amount to “secret” meetings on ZOOM, which is not accessible to people in Poestenkill who are “the public?”
For example, in a 12/23/21 PFOA UPDATE by Bob Brunet, the self-styled “Public Health Coordinator” in Poestenkill, we read that “Supervisor Hammond and I are both very involved in the periodic Zoom update meetings with our partners in resolving this issue, the RCDOH, the NYSDEC, the NYSDOH, the Algonquin Middle School, and others,” when the only thing they are all “partners” in is this whitewash on-going in Poestenkill to protect themselves from charges of neglect of duty leading to this contamination of our groundwater which is why they need to conduct their secret meetings on ZOOM.
More recently, we were told that the DEC shill CCCDW would be hosting a Community Forum ONLINE on Thursday May 19 from 7pm to 8:45pm, which was another ZOOM meeting not open to the community.
Why?
What are they trying to hide?
Paul Plante
THE PAUL PLANTE STORY
Re: THE PAUL PLANTE STORY
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Poestenkill PFAS Investigation
NEARBY PROPERTY INVESTIGATIONS WORK PLAN
(SPILL NO. 2105197)
POESTENKILL, NY
MAY 2022
Kathy Hochul, Governor | Basil Seggos, Commissioner
1.0 BACKGROUND AND PROJECT OBJECTIVES
1.1 PREVIOUS AND ONGOING INVESTIGATIONS
In accordance with public water supply regulations enacted in August 2020, water supply wells at the Algonquin Middle School (AMS) in Rensselaer County were sampled for Perfluorooctanoic Acid (PFOA), Perfluorooctanesuflonic Acid (PFOS), and 1,4-
dioxane.
The Averill Park School District conducted the sampling on January 7, 2021.
Results showed 13 parts per trillion (ppt) for PFOA in both wells.
These levels exceeded the maximum contaminant level (MCL) for PFOA of 10 ppt, prompting County and State Department of Health (DOH) and the Department of Environmental Conservation (DEC) to assess other water supplies in the area, including private drinking water wells.
Results of supply well and private well sampling in the area have indicated low levels of PFAS detections, and exceedances of public water supply MCLs in 14 of 95 wells sampled as of the date of this work plan.
New York State does not regulate PFAS in private wells, however the State’s drinking water standards for PFOA and PFOS in public water supplies are used as guidelines to recommend actions to reduce exposures in private wells.
Point of Entry Treatment Systems (POETs) have been installed at locations of MCL exceedances.
POETs are maintained and monitored by DEC and data is continually evaluated by State and County DOH.
Private well sampling efforts are ongoing in the area.
In August 2021, DEC designated the apparent release at the AMS as Spill No. 2105197 and subsequently completed a preliminary investigation at the Middle School in the fall of 2021 where contamination was initially identified.
This workplan is an extension of the ongoing assessment being performed by DEC in conjunction with DOH and Rensselaer County DOH.
Field work for the preliminary investigation at the AMS was completed from November-December 2021, with a Final Report released in February 2022.
The investigation identified PFOA and PFOS at relatively low concentrations in sampled media and did not indicate an obvious source on the school property or from an off-site source.
The report concluded that additional data is needed both on and off the school property to determine the origin of PFAS concentrations in the Poestenkill area.
A work plan for investigation activities focused on the school property was released in April 2022.
DEC is working to install several permanent overburden wells and bedrock wells on the school property to evaluate groundwater quality and flow direction.
The work plan includes specific techniques (open borehole geophysics and packer testing activities) to assess bedrock quality, composition, and to evaluate the interaction between overburden and bedrock groundwater.
The work plan also outlines collection of additional surface water and sediment samples to improve the understanding of PFAS fate and transport in the vicinity of the school.
The Poestenkill investigations are aimed at determining if a discrete source of PFAS is present in the area, or if the PFAS are derived from a non-discrete, potentially anthropogenic source.
1.2 PROJECT OBJECTIVES
The primary objectives of this work plan are to:
1. Identify potential areas of concern on properties nearby and adjacent to the Middle School in order to focus sampling efforts;
2. Collect soil samples at multiple depths and analyze for PFAS;
3. Install and develop permanent monitoring wells and collect groundwater samples for PFAS analysis;
4. Utilize permanent monitoring wells to evaluate groundwater flow direction in the overburden;
5. If surface water is present, collect surface water and sediment samples for PFAS analysis;
6. Determine if PFAS are present at nearby properties at source levels; and
7. In tandem with bedrock well installations outlined in the April 2022 Work Plan, install additional bedrock wells on nearby properties, or in right of way locations in the vicinity of Mohawk Drive, Weatherwax Road/Liberty Lane, and Ford Road.
a. Bedrock wells will be sampled to assess PFAS levels in bedrock groundwater;
b. Groundwater depths will be evaluated over time to assess aquifer recharge, and hydraulic connectivity
1.3 PROJECT AREA
The Algonquin Middle School property is located in the Town of Poestenkill at the intersection of NYS Route 351 and NYS Route 66.
The school property is bounded by NYS Route 66 to the north, NYS Route 351 to the east, and by a tributary of Newfoundland Creek to the south and west.
The properties surrounding the Middle School are primarily residential with a few commercial/industrial operations.
Residential properties and one industrial property are located directly north.
The industrial property contains a control valve manufacturer known as Hass Manufacturing.
The Poestenkill Transfer Station is located directly northeast of the Middle School on the corner of New York State Route 66 and New York State Route 351.
The historic Route 66 Speedway is also located on the same parcel occupied by the Transfer Station.
Additional residential properties are located directly east of the Middle School, including one parcel that reportedly operated as a car wash in the past.
The Valente Lumber yard/sawmill is also located east of the school property and Ford Road.
The remaining adjacent properties to east and south of the school property are all residential or vacant wooded properties.
The Cooper’s Tire disposal area is also located approximately ¼ mile south of the school property.
As outlined in the May 2022 Community Update; DEC requested Waste Management of New York (WMNY), the operator of the Poestenkill Transfer Station, to collect and analyze samples for PFAS from the underground leachate collection vault, the small pond, two former drinking water supply wells, and from any existing groundwater monitoring wells (if present).
WMNY agreed to this request and those samples were collected and are now being analyzed.
DEC also requested that WMNY provide documentation of leachate discharged to the Schenectady wastewater treatment plant over the past five years and results of any tests for leaks related to the leachate collection system.
WMNY agreed and completed the sampling tasks.
Once a final report is received, DEC will review and determine if additional sampling is warranted.
If it is warranted, the sampling methodology will be performed as outlined in this workplan.
DEC is currently focused on collecting samples as outlined in this work plan on or near the Hass Manufacturing property, the Historic Car Wash location, the Coopers Tire Disposal area, and the Valente Lumber property.
Additionally, DEC will be installing two additional bedrock wells sets (up to two at each location) in the vicinity of Mohawk Drive and Weatherwax Road/Liberty Lane.
Topographic and aerial maps outlining the approximate area of the proposed nearby property investigations and additional bedrock well locations are provided on Figures 1 and 2 respectively.
2.0 INVESTIGATION
All field activities will be completed by NYSDEC’s standby contractors in general conformance with Department policies, programs, and procedures, as applicable, including, but not limited to the following: 6 NYCRR Part 375, DER-10, NYSDEC’s Sampling, Analysis, and Assessment of PFAS guidance document, and US EPA Design and Installation of Monitoring Wells Guidance and ASTM D5092.
All environmental samples will be submitted to NYSDEC’s standby laboratory for PFAS analysis by modified EPA Method 537.1.
A select set of soil samples will also be analyzed for pH by EPA Method 9045, total organic carbon (TOC) by Lloyd Kahn, and PFAS in leachate generated from the Synthetic Precipitation Leaching Procedure (SPLP) by EPA Method 1312.
Standard chain-of-custody procedures will be followed for all samples collected.
Quality assurance/quality control (QA/QC) samples will be collected at the following frequencies: equipment blanks will be collected for PFAS analysis at a minimum frequency of 1 sample per day per media sampled; and field duplicates, matrix spike, and matrix spike duplicates will be collected at a frequency of 1 per 20 field samples.
Table 1 presents the sampling and analytical plan.
The sampling at the individual properties may occur concurrently on a single mobilization over several days or may be implemented in separate mobilizations.
Scheduling will be dependent on both site access and driller availability.
2.1 SURVEYS
2.1.1 UTLIITY SURVEY
Prior to the commencement of ground-intrusive activities, a ground-penetrating radar (GPR)/electromagnetic (EM) survey will be conducted.
Dig Safely New York will also be contacted to pre-clear all soil boring and monitoring well locations of subsurface utilities and anomalies.
2.1.2 LAND SURVEY
At the conclusion of field activities, a New York State licensed land surveyor will complete a survey of all sample locations including coordinates, ground surface elevations, and monitoring well casing elevations (as applicable).
2.2 COMMUNITY AIR MONITORING PLAN
In accordance with the NYS Department of Health (NYSDOH) Generic Community Air Monitoring Plan (CAMP), air monitoring for fugitive dust and organic vapors will be
conducted during all ground intrusive activities.
Two CAMP stations will be utilized: one upwind and one downwind of the work zone.
2.3 OVERBURDEN INVESTIGATION
2.3.1 SOIL BORING SAMPLING AND MONITORING WELL LOCATIONS
Up to 5 soil borings and 5 permanent overburden monitoring wells will be installed on each of the targeted properties via direct-push technology and hollow-stem auger drilling methods, respectively.
Each location will be hand-cleared to a depth of 5-feet below ground surface (bgs).
Soil cores will be continuously collected, characterized, and screened with a handheld photo-ionization detector (PID) until terminal depth is reached.
Terminal depth is defined as refusal due to bedrock or at least 10-feet into the upper groundwater bearing unit, unless otherwise specified by field personnel.
Soil samples will be collected at 3 locations from each soil boring and analyzed for PFAS: 0”-2” below vegetative cover, 2”-12”, and a sample from approximately 1 foot above the groundwater table.
Soil samples collected from the 2”-12” interval will also be analyzed for pH, TOC, and SPLP.
Additional samples may be collected if evidence of contamination is identified (i.e. elevated PID readings, odors, staining, etc).
Sample locations on each property will be determined following site reconnaissance visits.
Sample locations will be focused in any identified areas of concern and will be distributed across the site to allow for groundwater flow direction to be calculated.
2.3.2 MONITORING WELL CONSTRUCTION
Overburden monitoring wells are anticipated to be constructed of 2-inch Schedule 40 Polyvinyl Chloride (PVC) casings with 5-10 feet sections of 0.010-inch slotted screen.
A #00 morie sand filter pack will be placed in the annulus to approximately 1 foot above the screen, followed by 2 feet of hydrated bentonite, and then grouted to the surface.
Final screen length and slot-size will be dependent on field observations and depth of water encountered.
Each monitoring well will be completed as a flush-mounted well with a concrete pad.
Monitoring wells will be constructed in general accordance with US EPA Design and Installation of Monitoring Wells Guidance and American Society for Testing and Materials (ASTM) D5092, as applicable.
2.3.3 MONITORING WELL DEVELOPMENT
No earlier than 24 hours after installation, each monitoring well will be developed using over-pumping and surging techniques to help remove fines from the well screen and to establish a hydraulic connection with the aquifer.
Groundwater quality parameters will be collected prior to development, after the removal of each well volume, and at the conclusion of development.
Development will be considered complete once turbidity is measured at or below 50 nephelometric turbidity units (NTU), after 1 hour of development, or after the removal of three well volumes, whichever comes first.
2.3.4 GROUNDWATER SAMPLING
At least one round of synoptic water levels will be collected from the newly installed monitoring wells.
Groundwater samples will be collected using either low-flow or standard three volume purge sampling techniques in accordance with the most current NYSDEC PFAS sampling guidelines.
Groundwater parameters including pH, conductivity, oxidation-reduction potential (ORP), dissolved oxygen (DO), temperature, and turbidity will be recorded on groundwater sampling logs.
All samples will be analyzed for PFAS using modified EPA Method 537.1.
2.4 BEDROCK CHARACTERIZATION
In addition to the bedrock well installations outlined in the April 2022 Work Plan, two additional 6-inch bedrock boreholes will be advanced using air rotary drilling methods to depths necessary to encounter transmissive fractures identified in the preliminary boreholes.
Standard borehole geophysics will be used to characterize the bedrock including: mechanical caliper, fluid conductivity/temperature, optical televiewer, acoustic televiewer, electrical logs, and heat pulse flow meter.
Packer testing may be applied at up to four transmissive zones, as identified through the borehole geophysics, to determine water quality and permeability of the selected zone.
Discrete samples will be collected at transmissive fractures and will be analyzed for PFAS using modified EPA Method 537.1
Based on the results of the borehole geophysics and sampling data, the existing boreholes will be converted to bedrock monitoring wells using 2-inch Schedule 40 PVC casings and PVC screens.
Appropriate slot size will be dependent on rock type and screen length will be dependent on packer testing results and interpretation of borehole geophysics.
Monitoring wells will be constructed in general accordance with US EPA Design and Installation of Monitoring Wells Guidance and ASTM D5092, as applicable.
Following monitoring well installations, development, and sampling, submersible pressure transducers will be deployed in the installed bedrock wells.
The transducers will be deployed for approximately one month and will continually gather groundwater depth data at predetermined time increments.
Concurrent to these measurements, DEC will gather precipitation data in the area during rain events.
The data can then be correlated to assess hydraulic connectivity between overburden and bedrock groundwater.
Additionally, transducer data will be used to determine if cycling of residential well pumps control local groundwater depths, helping to inform the degree of hydraulic connectivity in the aquifer(s).
Proposed locations of all bedrock wells are shown on Figure 2.
Sample locations are not precisely marked and will be adjusted based on identified areas of interest, field conditions, and access limitations.
Additional bedrock wells may be installed on commercial properties, under the same methodology descried herein, if environmental data collected in overburden soil or groundwater indicates potential sources of PFAS contamination.
Monitoring wells will be developed and sampled in accordance with Sections 2.3.3 and 2.3.4, as applicable.
2.5 SURFACE WATER AND SEDIMENT SAMPLING
Where surface water is present, up to 5 co-located surface water and sediment samples will be collected at each targeted property.
Locations will be chosen based on presumed surface water gradient and proximity to identified areas of concern.
Surface water samples will be collected prior to sediment samples at each location to avoid mobilizing sediment which may impact surface water results.
Samples will be collected using stainless-steel dip cups, trowels, or other acceptable materials identified in NYSDEC’s PFAS sampling guidance.
2.6 INVESTIGATION DERIVED WASTE & DECONTAMINATION
Soil cuttings, decontamination water, well development water, and purged water will be managed in accordance with DER-10 Section 3.3(e), as applicable.
Any disposable personal protective equipment and sampling equipment will be placed in sealed garbage bags and disposed of as municipal solid waste.
Decontamination of any non-dedicated equipment (e.g., water level meters, drill rods, etc) will be performed using a standard non-phosphate detergent (e.g., Alconox®) wash and potable water rinse between all sample locations.
Equipment will be allowed to air dry before reuse.
3.0 REPORT
Category B laboratory reports and NYS electronic data deliverables will be submitted to an independent third-party data validator for validation and the completion of data usability summary reports (DUSRs).
Upon receipt of the DUSRs, a final assessment report will be generated, summarizing field activities, local geology, groundwater flow evaluation, and PFAS results.
Figures, tables, field logs, and DUSRs will be included as part of the report.
4.0 References
ASTM standard D5092, Design and Installation of Ground Water Monitoring Wells.
NYSDEC. 2021. Sampling, Analysis, and Assessment of Per- and Polyfluoroalkyl Substances (PFAS). https://www.dec.ny.gov/docs/remediation ... panaly.pdf
NYSDEC. 2006. 6 NYCRR Part 375, Environmental Remediation Programs, Subparts 375-1 to 375-4 & 375-6. https://www.dec.ny.gov/docs/remediation ... art375.pdf
USEPA. 2018. Design and Installation of Monitoring Wells. https://www.epa.gov/sites/default/files/2016-
01/documents/design_and_installation_of_monitoring_wells.pdf
https://www.dec.ny.gov/docs/remediation ... an0522.pdf
Poestenkill PFAS Investigation
NEARBY PROPERTY INVESTIGATIONS WORK PLAN
(SPILL NO. 2105197)
POESTENKILL, NY
MAY 2022
Kathy Hochul, Governor | Basil Seggos, Commissioner
1.0 BACKGROUND AND PROJECT OBJECTIVES
1.1 PREVIOUS AND ONGOING INVESTIGATIONS
In accordance with public water supply regulations enacted in August 2020, water supply wells at the Algonquin Middle School (AMS) in Rensselaer County were sampled for Perfluorooctanoic Acid (PFOA), Perfluorooctanesuflonic Acid (PFOS), and 1,4-
dioxane.
The Averill Park School District conducted the sampling on January 7, 2021.
Results showed 13 parts per trillion (ppt) for PFOA in both wells.
These levels exceeded the maximum contaminant level (MCL) for PFOA of 10 ppt, prompting County and State Department of Health (DOH) and the Department of Environmental Conservation (DEC) to assess other water supplies in the area, including private drinking water wells.
Results of supply well and private well sampling in the area have indicated low levels of PFAS detections, and exceedances of public water supply MCLs in 14 of 95 wells sampled as of the date of this work plan.
New York State does not regulate PFAS in private wells, however the State’s drinking water standards for PFOA and PFOS in public water supplies are used as guidelines to recommend actions to reduce exposures in private wells.
Point of Entry Treatment Systems (POETs) have been installed at locations of MCL exceedances.
POETs are maintained and monitored by DEC and data is continually evaluated by State and County DOH.
Private well sampling efforts are ongoing in the area.
In August 2021, DEC designated the apparent release at the AMS as Spill No. 2105197 and subsequently completed a preliminary investigation at the Middle School in the fall of 2021 where contamination was initially identified.
This workplan is an extension of the ongoing assessment being performed by DEC in conjunction with DOH and Rensselaer County DOH.
Field work for the preliminary investigation at the AMS was completed from November-December 2021, with a Final Report released in February 2022.
The investigation identified PFOA and PFOS at relatively low concentrations in sampled media and did not indicate an obvious source on the school property or from an off-site source.
The report concluded that additional data is needed both on and off the school property to determine the origin of PFAS concentrations in the Poestenkill area.
A work plan for investigation activities focused on the school property was released in April 2022.
DEC is working to install several permanent overburden wells and bedrock wells on the school property to evaluate groundwater quality and flow direction.
The work plan includes specific techniques (open borehole geophysics and packer testing activities) to assess bedrock quality, composition, and to evaluate the interaction between overburden and bedrock groundwater.
The work plan also outlines collection of additional surface water and sediment samples to improve the understanding of PFAS fate and transport in the vicinity of the school.
The Poestenkill investigations are aimed at determining if a discrete source of PFAS is present in the area, or if the PFAS are derived from a non-discrete, potentially anthropogenic source.
1.2 PROJECT OBJECTIVES
The primary objectives of this work plan are to:
1. Identify potential areas of concern on properties nearby and adjacent to the Middle School in order to focus sampling efforts;
2. Collect soil samples at multiple depths and analyze for PFAS;
3. Install and develop permanent monitoring wells and collect groundwater samples for PFAS analysis;
4. Utilize permanent monitoring wells to evaluate groundwater flow direction in the overburden;
5. If surface water is present, collect surface water and sediment samples for PFAS analysis;
6. Determine if PFAS are present at nearby properties at source levels; and
7. In tandem with bedrock well installations outlined in the April 2022 Work Plan, install additional bedrock wells on nearby properties, or in right of way locations in the vicinity of Mohawk Drive, Weatherwax Road/Liberty Lane, and Ford Road.
a. Bedrock wells will be sampled to assess PFAS levels in bedrock groundwater;
b. Groundwater depths will be evaluated over time to assess aquifer recharge, and hydraulic connectivity
1.3 PROJECT AREA
The Algonquin Middle School property is located in the Town of Poestenkill at the intersection of NYS Route 351 and NYS Route 66.
The school property is bounded by NYS Route 66 to the north, NYS Route 351 to the east, and by a tributary of Newfoundland Creek to the south and west.
The properties surrounding the Middle School are primarily residential with a few commercial/industrial operations.
Residential properties and one industrial property are located directly north.
The industrial property contains a control valve manufacturer known as Hass Manufacturing.
The Poestenkill Transfer Station is located directly northeast of the Middle School on the corner of New York State Route 66 and New York State Route 351.
The historic Route 66 Speedway is also located on the same parcel occupied by the Transfer Station.
Additional residential properties are located directly east of the Middle School, including one parcel that reportedly operated as a car wash in the past.
The Valente Lumber yard/sawmill is also located east of the school property and Ford Road.
The remaining adjacent properties to east and south of the school property are all residential or vacant wooded properties.
The Cooper’s Tire disposal area is also located approximately ¼ mile south of the school property.
As outlined in the May 2022 Community Update; DEC requested Waste Management of New York (WMNY), the operator of the Poestenkill Transfer Station, to collect and analyze samples for PFAS from the underground leachate collection vault, the small pond, two former drinking water supply wells, and from any existing groundwater monitoring wells (if present).
WMNY agreed to this request and those samples were collected and are now being analyzed.
DEC also requested that WMNY provide documentation of leachate discharged to the Schenectady wastewater treatment plant over the past five years and results of any tests for leaks related to the leachate collection system.
WMNY agreed and completed the sampling tasks.
Once a final report is received, DEC will review and determine if additional sampling is warranted.
If it is warranted, the sampling methodology will be performed as outlined in this workplan.
DEC is currently focused on collecting samples as outlined in this work plan on or near the Hass Manufacturing property, the Historic Car Wash location, the Coopers Tire Disposal area, and the Valente Lumber property.
Additionally, DEC will be installing two additional bedrock wells sets (up to two at each location) in the vicinity of Mohawk Drive and Weatherwax Road/Liberty Lane.
Topographic and aerial maps outlining the approximate area of the proposed nearby property investigations and additional bedrock well locations are provided on Figures 1 and 2 respectively.
2.0 INVESTIGATION
All field activities will be completed by NYSDEC’s standby contractors in general conformance with Department policies, programs, and procedures, as applicable, including, but not limited to the following: 6 NYCRR Part 375, DER-10, NYSDEC’s Sampling, Analysis, and Assessment of PFAS guidance document, and US EPA Design and Installation of Monitoring Wells Guidance and ASTM D5092.
All environmental samples will be submitted to NYSDEC’s standby laboratory for PFAS analysis by modified EPA Method 537.1.
A select set of soil samples will also be analyzed for pH by EPA Method 9045, total organic carbon (TOC) by Lloyd Kahn, and PFAS in leachate generated from the Synthetic Precipitation Leaching Procedure (SPLP) by EPA Method 1312.
Standard chain-of-custody procedures will be followed for all samples collected.
Quality assurance/quality control (QA/QC) samples will be collected at the following frequencies: equipment blanks will be collected for PFAS analysis at a minimum frequency of 1 sample per day per media sampled; and field duplicates, matrix spike, and matrix spike duplicates will be collected at a frequency of 1 per 20 field samples.
Table 1 presents the sampling and analytical plan.
The sampling at the individual properties may occur concurrently on a single mobilization over several days or may be implemented in separate mobilizations.
Scheduling will be dependent on both site access and driller availability.
2.1 SURVEYS
2.1.1 UTLIITY SURVEY
Prior to the commencement of ground-intrusive activities, a ground-penetrating radar (GPR)/electromagnetic (EM) survey will be conducted.
Dig Safely New York will also be contacted to pre-clear all soil boring and monitoring well locations of subsurface utilities and anomalies.
2.1.2 LAND SURVEY
At the conclusion of field activities, a New York State licensed land surveyor will complete a survey of all sample locations including coordinates, ground surface elevations, and monitoring well casing elevations (as applicable).
2.2 COMMUNITY AIR MONITORING PLAN
In accordance with the NYS Department of Health (NYSDOH) Generic Community Air Monitoring Plan (CAMP), air monitoring for fugitive dust and organic vapors will be
conducted during all ground intrusive activities.
Two CAMP stations will be utilized: one upwind and one downwind of the work zone.
2.3 OVERBURDEN INVESTIGATION
2.3.1 SOIL BORING SAMPLING AND MONITORING WELL LOCATIONS
Up to 5 soil borings and 5 permanent overburden monitoring wells will be installed on each of the targeted properties via direct-push technology and hollow-stem auger drilling methods, respectively.
Each location will be hand-cleared to a depth of 5-feet below ground surface (bgs).
Soil cores will be continuously collected, characterized, and screened with a handheld photo-ionization detector (PID) until terminal depth is reached.
Terminal depth is defined as refusal due to bedrock or at least 10-feet into the upper groundwater bearing unit, unless otherwise specified by field personnel.
Soil samples will be collected at 3 locations from each soil boring and analyzed for PFAS: 0”-2” below vegetative cover, 2”-12”, and a sample from approximately 1 foot above the groundwater table.
Soil samples collected from the 2”-12” interval will also be analyzed for pH, TOC, and SPLP.
Additional samples may be collected if evidence of contamination is identified (i.e. elevated PID readings, odors, staining, etc).
Sample locations on each property will be determined following site reconnaissance visits.
Sample locations will be focused in any identified areas of concern and will be distributed across the site to allow for groundwater flow direction to be calculated.
2.3.2 MONITORING WELL CONSTRUCTION
Overburden monitoring wells are anticipated to be constructed of 2-inch Schedule 40 Polyvinyl Chloride (PVC) casings with 5-10 feet sections of 0.010-inch slotted screen.
A #00 morie sand filter pack will be placed in the annulus to approximately 1 foot above the screen, followed by 2 feet of hydrated bentonite, and then grouted to the surface.
Final screen length and slot-size will be dependent on field observations and depth of water encountered.
Each monitoring well will be completed as a flush-mounted well with a concrete pad.
Monitoring wells will be constructed in general accordance with US EPA Design and Installation of Monitoring Wells Guidance and American Society for Testing and Materials (ASTM) D5092, as applicable.
2.3.3 MONITORING WELL DEVELOPMENT
No earlier than 24 hours after installation, each monitoring well will be developed using over-pumping and surging techniques to help remove fines from the well screen and to establish a hydraulic connection with the aquifer.
Groundwater quality parameters will be collected prior to development, after the removal of each well volume, and at the conclusion of development.
Development will be considered complete once turbidity is measured at or below 50 nephelometric turbidity units (NTU), after 1 hour of development, or after the removal of three well volumes, whichever comes first.
2.3.4 GROUNDWATER SAMPLING
At least one round of synoptic water levels will be collected from the newly installed monitoring wells.
Groundwater samples will be collected using either low-flow or standard three volume purge sampling techniques in accordance with the most current NYSDEC PFAS sampling guidelines.
Groundwater parameters including pH, conductivity, oxidation-reduction potential (ORP), dissolved oxygen (DO), temperature, and turbidity will be recorded on groundwater sampling logs.
All samples will be analyzed for PFAS using modified EPA Method 537.1.
2.4 BEDROCK CHARACTERIZATION
In addition to the bedrock well installations outlined in the April 2022 Work Plan, two additional 6-inch bedrock boreholes will be advanced using air rotary drilling methods to depths necessary to encounter transmissive fractures identified in the preliminary boreholes.
Standard borehole geophysics will be used to characterize the bedrock including: mechanical caliper, fluid conductivity/temperature, optical televiewer, acoustic televiewer, electrical logs, and heat pulse flow meter.
Packer testing may be applied at up to four transmissive zones, as identified through the borehole geophysics, to determine water quality and permeability of the selected zone.
Discrete samples will be collected at transmissive fractures and will be analyzed for PFAS using modified EPA Method 537.1
Based on the results of the borehole geophysics and sampling data, the existing boreholes will be converted to bedrock monitoring wells using 2-inch Schedule 40 PVC casings and PVC screens.
Appropriate slot size will be dependent on rock type and screen length will be dependent on packer testing results and interpretation of borehole geophysics.
Monitoring wells will be constructed in general accordance with US EPA Design and Installation of Monitoring Wells Guidance and ASTM D5092, as applicable.
Following monitoring well installations, development, and sampling, submersible pressure transducers will be deployed in the installed bedrock wells.
The transducers will be deployed for approximately one month and will continually gather groundwater depth data at predetermined time increments.
Concurrent to these measurements, DEC will gather precipitation data in the area during rain events.
The data can then be correlated to assess hydraulic connectivity between overburden and bedrock groundwater.
Additionally, transducer data will be used to determine if cycling of residential well pumps control local groundwater depths, helping to inform the degree of hydraulic connectivity in the aquifer(s).
Proposed locations of all bedrock wells are shown on Figure 2.
Sample locations are not precisely marked and will be adjusted based on identified areas of interest, field conditions, and access limitations.
Additional bedrock wells may be installed on commercial properties, under the same methodology descried herein, if environmental data collected in overburden soil or groundwater indicates potential sources of PFAS contamination.
Monitoring wells will be developed and sampled in accordance with Sections 2.3.3 and 2.3.4, as applicable.
2.5 SURFACE WATER AND SEDIMENT SAMPLING
Where surface water is present, up to 5 co-located surface water and sediment samples will be collected at each targeted property.
Locations will be chosen based on presumed surface water gradient and proximity to identified areas of concern.
Surface water samples will be collected prior to sediment samples at each location to avoid mobilizing sediment which may impact surface water results.
Samples will be collected using stainless-steel dip cups, trowels, or other acceptable materials identified in NYSDEC’s PFAS sampling guidance.
2.6 INVESTIGATION DERIVED WASTE & DECONTAMINATION
Soil cuttings, decontamination water, well development water, and purged water will be managed in accordance with DER-10 Section 3.3(e), as applicable.
Any disposable personal protective equipment and sampling equipment will be placed in sealed garbage bags and disposed of as municipal solid waste.
Decontamination of any non-dedicated equipment (e.g., water level meters, drill rods, etc) will be performed using a standard non-phosphate detergent (e.g., Alconox®) wash and potable water rinse between all sample locations.
Equipment will be allowed to air dry before reuse.
3.0 REPORT
Category B laboratory reports and NYS electronic data deliverables will be submitted to an independent third-party data validator for validation and the completion of data usability summary reports (DUSRs).
Upon receipt of the DUSRs, a final assessment report will be generated, summarizing field activities, local geology, groundwater flow evaluation, and PFAS results.
Figures, tables, field logs, and DUSRs will be included as part of the report.
4.0 References
ASTM standard D5092, Design and Installation of Ground Water Monitoring Wells.
NYSDEC. 2021. Sampling, Analysis, and Assessment of Per- and Polyfluoroalkyl Substances (PFAS). https://www.dec.ny.gov/docs/remediation ... panaly.pdf
NYSDEC. 2006. 6 NYCRR Part 375, Environmental Remediation Programs, Subparts 375-1 to 375-4 & 375-6. https://www.dec.ny.gov/docs/remediation ... art375.pdf
USEPA. 2018. Design and Installation of Monitoring Wells. https://www.epa.gov/sites/default/files/2016-
01/documents/design_and_installation_of_monitoring_wells.pdf
https://www.dec.ny.gov/docs/remediation ... an0522.pdf
Re: THE PAUL PLANTE STORY
17 JUNE 2022
Dareth Glance
Deputy Commissioner
Environmental Remediation and Materials Management
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, New York, 12233-1500
RE: The DEC “Fast Shuffle”; or the scam you are running; “good moral character” defined; fraud and dishonesty involving licensed engineers at NYSDEC further detailed
Dear Deputy Commissioner Glance:
THE DEC “FAST SHUFFLE” DEFINED: a swindle; deprive of honest services of PE’s by deceit
To keep this as brief as possible while keeping the record straight in the case of the need for judicial intervention at a future point in time, and as simple and to the point as possible, so you can understand and comprehend exactly what I am saying to you as one who is a respected elder in my community of Poestenkill who also possesses a license from the State of New York to practice as an engineer to safeguard life, health and property in accordance with the provisions of New York State Education Law § 7201, in a word, what you and Basil Seggos and the NYSDEC, and by extension the Office of the Governor, are doing here in the guise of conducting a farcical, comic opera “investigation” of groundwater contamination in Poestenkill involving a politically-powerful corporation that is a known polluter in Poestenkill with DEC cover, is running a scam on the people of Poestenkill, and by extension, the people of New York, because you are creating a state-wide “template” here, which scam involves two New York state licensed professional engineers in your chain of command using their PE licenses to “legitimize” the scam in the minds of the unsuspecting public, which I consider, as a licensed professional engineer, to be a textbook case of unprofessional conduct by New York State licensed engineers in your chain of command in violation of § 29.3(a)(1) of the Rules of the New York State Board of Regents wherein is stated "unprofessional conduct shall also include, in the profession of engineering being associated in a professional capacity with any project or practice known to the licensee to be fraudulent or dishonest in character, or not reporting knowledge of such fraudulence or dishonesty to the Education Department."
And as I talk about the DEC conducting a farcical, comic opera “investigation” of groundwater contamination in Poestenkill, here I am referring to a letter in the 2 June 2022 Advertiser, a local Rensselaer County newspaper serving the affected area in the Town of Poestenkill, Rensselaer County, proximate to the Algonquin Middle School and the NYSDEC-regulated Poestenkill transfer station at the intersection of Rtes. 66 and 351, by your subordinate Eric Hausamann, NYSPE 072068, titled “Poestenkill PFAS Investigation Update, where we have as follows under the heading “Nearby Property Investigations,” to wit:
DEC continues to pursue access to nearby commercial/industrial properties to evaluate if PFAS are present at source-level concentrations in groundwater and soil.
DEC will continue to investigate potential sources of contamination based on the evaluation of data and other information gathered from analytical testing, field exploration methods, and the history of the area.
The statement by your subordinate Eric Hausamann, NYSPE 072068, that a year-and-a-half after PFAS was discovered in the water supply of the Algonquin School that the DEC continues to “pursue” access to nearby commercial/industrial properties is patently absurd based on the record your subordinate should have been aware of long before he wrote those words in the June 2, 2022 Advertiser in an obvious and transparent attempt to use his P.E. license to mislead unaware people in Poestenkill who wouldn’t know better, which is dishonest on his part as a New York state licensed professional engineer.
First off, if in fact the DEC were “actively” investigating any of those locations, there would be some record of those investigations, which there isn’t, and if somebody competent had actually performed a site visit pursuant to Appendix 3A(a)(2) in accordance with substantial compliance with the provisions of DER-10, § 3.1, Site Characterization and Remedial Investigation Overview, which appendix provides that the person conducting the records search should conduct a site visit to verify the findings in paragraph (a)1 of Appendix 3A, they would have clearly noted that any run-off from Valente Lumber flows north through an obvious ravine, which takes it away from the Algonquin School and the affected residential area of Poestenkill down-gradient from the DEC-regulated Poestenkill transfer station, which has been ruled out as a source by Sean Mahar, the NYSDEC Executive Deputy Commissioner, based on nothing, at all, other than a political decision to have that be so.
Further, they would have noted that two wells on the Valente sawmill property had been tested for PFAS last fall in September or October of 2021, and not surprisingly, since it is a sawmill cutting logs into rough lumber, tested negative for PFAS, which is a matter of record that your subordinate Eric Hausamann, NYSPE 072068, would have been aware of long before he wrote those words above.
And it is my information and belief from conversation with Stephen Valente, one of the Valente family that operate the sawmill, that when the sawmill was first added to the DEC list of “suspects,” he contacted the DEC and offered access to the property as a means of getting his business off that list of “suspects,” which offer of access the DEC never availed itself of, which makes that a willfully false statement by your subordinate Eric Hausamann, NYSPE 072068 that he and the DEC are still trying to get access to the Valente sawmill property to conduct testing.
As to the car wash listed as a source, that no longer exists and hasn’t for some time, there not being a trace left of where it used to be, so it is a mystery why the DEC is still trying after all this time to gain access to something that doesn’t exist.
And as to access to Hass Manufacturing, David Hass, the owner, is a councilman on the Poestenkill town board, the same Town of Poestenkill that was the subject of the first sentence of the Hausamann letter in the 2 June 2022 Advertiser, as follows:
The New York State Departments of Environmental Conservation (DEC) and Health (DOH) are working directly with Rensselaer County and the Town of Poestenkill using a coordinated, science-based approach to investigate the source of PFAS contamination in drinking water in the community.
If the DEC is actually working “directly” with the Town of Poestenkill of which David Hass is a member of the town board, using a “science-based” approach to investigate the source of PFAS contamination in drinking water in the community, and has been working with the Town of Poestenkill in that capacity since at least August of 2021, how can it be that in all that time, they have been unable to gain access to a site owned and operate by one of their “partners?”
That makes no sense whatsoever, given that Appendix 3A(a)(3)(vi)(4) of DER-10, § 3.1, Site Characterization and Remedial Investigation Overview, which Eric Hausamann, NYSPE 072068, should be able to quote from chapter and verse as a New York state licensed professional engineer, states that at the beginning of an investigation, people to interview should include local officials, such as elected officials, which elected official would include Poestenkill councilman David Hass, the owner of Hass manufacturing, one of the other “suspects” on the DEC list of possible sources, even though there is no record of any spills on the Hass property involving PFAS or any other chemicals for that matter.
And then we have the statement of your subordinate Eric Hausamann, NYSPE 072068 in the letter in his 2 June 2022 Advertiser letter that DEC “will continue to investigate potential sources of contamination based the history of the area,” except that is not true, at all, because based on the history of the area, the Poestenkill transfer station with its history of spills has to be considered a prime suspect and logical source of the contamination, given that it is located on high ground in relation to the known contaminated areas of the Town of Poestenkill, and yet, the DEC has decided in January of 2022 that the transfer station is not the source.
Which takes us to this scam you are running as Deputy Commissioner in charge of this sham PFAS investigation in Poestenkill, which scam is a variation on the theme of the scam perpetrated on the people of New York by the DEC in the May 1987 New York State Department of Environmental Conservation's Upstate Groundwater Management Program Survey, wherein was stated "However, according to the New York State Department of Environmental Conservation's Upstate Groundwater Management Program Survey, DEC knows of no instance when significant groundwater quality or quantity problems have occurred at mines in New York State," which statement was then parroted back to DEC by applicants for mining permits as “proof” that their mining operations would not cause harm, leaving it to the people of New York to have to prove otherwise, an almost impossible task for the layperson.
In this case, irrefutable and incontrovertible proof of this scam being perpetrated on the people of Poestenkill, which scam gives DEC’s “standby contractors” a greenlight to conduct shoddy field investigations to protect powerful polluters in New York state, is found in your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover, which gives them ownership of the scam you are running as the deputy of Basil Seggos and makes them responsible for what is contained therein, to wit:
All field activities will be completed by NYSDEC’s standby contractors in general conformance with Department policies, programs, and procedures, as applicable, including, but not limited to the following: 6 NYCRR Part 375, DER-10, NYSDEC’s Sampling, Analysis, and Assessment of PFAS guidance document, and US EPA Design and Installation of Monitoring Wells Guidance and ASTM D5092.
There is the same “general conformance” scam you were peddling as the public officer in the New York State Department of Environmental Conservation with direct responsibility for the Office of Remediation & Materials Management as a Deputy Commissioner in your February 8, 2022 letter to Greg Pattenaude of Concerned Citizens for Clean Drinking Water, the sham citizen’s group in Poestenkill, who on his Linked in page states he has been a DJ, produced high school hockey telecasts, was the PA announcer in the International Hockey League, was president of two softball leagues, coached youth soccer and is currently a paid background actor, where you wrote as follows with respect to the scam you are perpetrating on the people of Poestenkill as the deputy of Basil Seggos, to wit:
The Commissioner asked that I follow up with you as I am DEC's new Deputy Commissioner for Remediation and Materials Management.
DEC's evaluation of potential sources of PFAS at and around the Algonquin Middle School are being performed in general conformance with existing DEC guidance on site investigations, including DER-10: Technical Guidance for Site Investigation and Remediation (May 2010) and Sampling, Analysis, and Assessment of PFAS (June 2021).
And it is the same scam I brought to your attention as Deputy Commissioner for Environmental Remediation and Materials Management in a 4 June 2022 writing titled “Evidence of fraud and dishonesty as an on-going course of conduct at NYSDEC,” as follows:
In this case, the fraud and dishonesty revolve around your statement to this sham citizen’s group CCCDW in Poestenkill that instead of “substantial compliance with provisions of Federal, State or local laws, rules or regulations governing the practice of the profession of engineering,” you have substituted a “general conformance” standard, instead, which is no standard at all, but to the contrary, another intentional fraud on the public, as is the standard being put forth by the NYSDEC that a corporation, in this case, Waste Management of New York, LLC, is allowed to pollute groundwater so long as it stays below the MCL for the contaminant in question, and that before it can conduct an investigation, the NYSDEC needs express permission from the alleged polluters to conduct an investigation.
Now, it is clear based on the way the New York State Environmental Conservation Law was written that you as a deputy of Basil Seggos are free to engage in fraud and dishonesty with impunity, and as a citizen, there is nothing I can do about that, but that freedom you enjoy as a deputy of Basil Seggos to engage in conduct that is fraudulent and dishonest does not transfer to and cannot be delegated by you to licensed professional engineers in your chain of command without it being considered unprofessional conduct on their part to follow your directions to engage in deceit and deception of the people of the Town of Poestenkill, as can be seen in this June 11, 1991 Declaratory Ruling of the New York State Department of Education by Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York which I submitted to the Office of Professional Discipline on 6 March 2022 in support of my complaint of professional misconduct alleged to involve licensed engineers in your chain of command, as follows:
A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).
Sections 6506, 6507, 6508 and 6509 of the New York State Education Law give no authority to local boards of health in professional engineering or discipline matters.
A professional engineer should never commit professional misconduct.
Where a professional engineer is given directions that require him or her to commit professional misconduct. it remains the obligation of the professional engineer not to commit such misconduct.
Nothing in the definition of the practice of engineering under section 7201 of the Education Law permits an exemption from professional disciplinary violations on the grounds of having followed orders from a local health board.
A professional engineer is always responsible for his or her own professional work.
While a professional engineer may take purely administrative orders from an unlicensed person, the engineer should never follow orders which require him or her to commit professional misconduct.
Again, it is the professional engineer's personal obligation not to commit professional misconduct.
According to that ruling, the licensed engineers in your chain of command are supposed to be doing what I am doing, which is to stand up to you and Basil Seggos, even at the cost of their jobs, when asked or directed to commit professional misconduct to protect powerful corporate polluters in Poestenkill and New York state, not go along to get along.
And to be sure that that same ruling would apply to licensed professional engineers in the employ of the DEC, I followed that up in my 6 March 2022 complaint to the OPD involving licensed engineers in your chain of command, as follows:
Where the June 11, 1991 Ruling by Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York states that "(N)othing in the definition of the practice of engineering under section 7201 of the Education Law permits an exemption from professional disciplinary violations on the grounds of having followed orders from a local health board, " would I be correct in stating to the chief investigator that that also would read, in this situation at hand, "(N)othing in the definition of the practice of engineering under section 7201 of the Education Law permits an exemption from professional disciplinary violations on the grounds of having followed orders from the Office of the Governor of New York State?"
Are there special circumstances that would allow the Governor of the State of New York to grant a professional engineer with the New York State Department of Environmental Conservation committing professional misconduct in the service of the Governor's Office immunity from the Rules of the Board of Regents?
As you can clearly see, if that answer is in the affirmative, that yes, the Governor does indeed have that power and authority, then there is absolutely no sense in wasting my time and that of the chief investigator further with this matter.
Given that in your writing to me of 31 May 2022, you confirmed that an investigation triggered by my formal complaint to the Office of Professional Discipline (OPD) concerning the handling of the Poestenkill investigation is now on-going, clearly there are not special circumstances that would allow the Governor of the State of New York to grant a professional engineer with the New York State Department of Environmental Conservation committing professional misconduct in the service of the Governor's Office immunity from the Rules of the Board of Regents, which takes us to the difference between you as a deputy of Basil Seggos pursuant to New York State Environmental Conservation Law § 3-0107(2), wherein is stated “(T)he commissioner may appoint such deputies, directors, assistants and other officers and employees as may be needed for the performance of his duties and may prescribe their powers and duties,” and the professional engineers of the NYSDEC, who positions are defined by 6 NYCRR 637.6(a) Qualifications and primary functions for environmental engineers, as follows:
An environmental engineer applies the principles and data of engineering and natural and social sciences for the protection and improvement of the environment.
And there we have an essential difference between you as a political appointee of Basil Seggos with undefined duties, other than keeping Kathy Hochul happy, and the licensed professional engineers in your chain of command; while as a deputy of Basil Seggos you can commit fraud and act dishonestly with impunity, not so with them, as their duties are to the people of the state of New York, not Kathy Hochul, and most certainly not the polluters you are protecting, and those duties are defined by regulation, not by you, not by Basil Seggos and not by Kathy Hochul.
Engineers in the employ of the NYSDEC exist according to your regulations in 6 NYCRR 637.6(a) to apply the principles and data of engineering and natural and social sciences for the protection and improvement of the environment.
They have no special license or permission or exemptions from yourself as a deputy commissioner, or from Basil Seggos, or Kathy Hochul, or any of her staff that would grant them immunity from a charge of neglect of duty by disregarding the principles and data of engineering and natural and social sciences, and thereby failing on command from yourself and Basil Seggos and Kathy Hochul to protect and improve the environment, as 6 NYCRR 637.6(a) requires, and instead act against the regulation for the good of the financial bottom line of powerful corporate polluters, no matter how much political clout they have with Basil Seggos and Kathy Hochul, which brings us to 6 NYCRR 637.6(d)(1), senior environmental engineer, the primary functions of that position being as follows, to wit:
A senior environmental engineer is responsible for planning, directing and administering all environmental programs, or has responsible charge of all engineering functions in an agency having regulatory responsibility for a political subdivision of less than 100,000 population or, under administrative supervision, has responsibility for the same or similar functions for segments of an environmental conservation program in an agency having regulatory responsibility for a political subdivision of 100,000 or greater population.
Pursuant to 6 NYCRR 637.6(d)(2)(i), the qualifications required to be a senior environmental engineer with the NYSDEC includes possession of a license to practice professional engineering in New York State.
And pursuant to New York State Education Law § 7206(7), Requirements for a license as a professional engineer, the applicant must be of good moral character as determined by the New York State Education Department where the term “good moral character” can be taken to mean the possession of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to the legal process and the administration of justice, as well as the condition of being regarded as possessing such qualities, and that is because in New York State, engineers are licensed pursuant to New York State Education Law § 7201 to safeguard life, health and property, not conduct whitewashes to protect politically powerful corporate polluters in New York state who are a direct threat to life, health and property, and not to participate in scams, cover-ups and whitewashes and engage in fraudulent and dishonest conduct to curry favor with the office of the Governor, or Basil Seggos, or yourself, which is why § 29.1(b)(1) of the New York State Board of Regents governing professional practice by engineers states in clear and unambiguous regulatory language that should be easily comprehensible to someone of the good moral character required to be a licensed professional engineer in New York state that unprofessional conduct in the practice of engineering shall include willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession.
And that brings us back to your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover, which gives them ownership of the scam you are running as the deputy of Basil Seggos and makes them responsible for what is contained therein, where we have the following, to wit:
As outlined in the May 2022 Community Update; DEC requested Waste Management of New York (WMNY), the operator of the Poestenkill Transfer Station, to collect and analyze samples for PFAS from the underground leachate collection vault, the small pond, two former drinking water supply wells, and from any existing groundwater monitoring wells (if present).
WMNY agreed to this request and those samples were collected and are now being analyzed.
That, however, is neither true nor factual based on the field notes of Anthony Bollasina, P.G., whose Linked in page states that he is geologist at NYS Department of Environmental Conservation currently working in the Special Projects Bureau on a variety of technical projects focused on the emerging contaminants 1,4-dioxane and per- and polyfluoroalkyl substances (PFAS), as follows:
4/20/22 8 A.M.
Walked to the vacant houses on the eastern side of the property to see the former water supply wells
There is no record that any samples were taken from those wells, which raises the question of how something that doesn’t exist can be tested for anything, let alone the presence of PFAS, and the inclusion of that false statement that Waste Management of New York, LLC took those samples in the your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover is a clear-cut example of the fraud and deception you and your team of whitewashers including licensed professional engineers are practicing on the unwitting and unsuspecting residents of Poestenkill affected by PFAS in their drinking water.
And that brings us to the definition of the terms “fraud” and “fraudulent,” which terms mean conduct that involves a misrepresentation of material fact made with intent to deceive or a state of mind so reckless respecting consequences as to be the equivalent of intent, where there is justifiable reliance on the misrepresentation by the party deceived, inducing the party to act thereon, and where there is injury to the party deceived resulting from reliance on the misrepresentation.
Fraud also may be established by a purposeful omission or failure to state a material fact, which omission or failure to state makes other statements misleading, and where the other elements of justifiable reliance and injury are established.
In this case, both of those terms apply to your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover, and who are being not only deceived, but deprived of the honest services of licensed professionals in your chain of command who have a duty to the people of Poestenkill to safeguard life, health and property are the people of Poestenkill to whom that duty is owed.
As to evidence of misleading statements intended to deceive the people of Poestenkill, all we need do is go back to your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, as follows:
As outlined in the May 2022 Community Update; DEC requested Waste Management of New York (WMNY), the operator of the Poestenkill Transfer Station, to collect and analyze samples for PFAS from the underground leachate collection vault, the small pond, two former drinking water supply wells, and from any existing groundwater monitoring wells (if present).
WMNY agreed to this request and those samples were collected and are now being analyzed.
That statement is misleading and inconsistent with the facts in the record because on April 11, 2022, Eric Hausamann, Chief, Section D, Remedial Bureau D, Division of Environmental Remediation sent a letter Waste Management of New York, LLC, Attn: Warren Harris, Sr., District Manager, 424 Peters Road, Gansevoort, NY 12831, RE: Poestenkill Transfer Station,
Poestenkill (T), Rensselaer County with copies to D. Harrington/B. O’Brien-Drake, DEC, B. Maglienti, DEC Region 4, wherein six (6) tasks were outlined to be performed as follows:
DEC requests that WMNY perform the numbered tasks below.
In the event WMNY refuses to perform the requested tasks, DEC will perform them using its authority under ECL Article 3, Paragraph 2(g), to “enter and inspect any property or premises for the purpose of investigating either actual or suspected sources of pollution or contamination."
1. Collect samples from each of the former potable water supply wells serving the two residential structures located along the east side of the property as well as any existing groundwater monitoring wells
2. Collect a sample of the wastewater within the leachate storage tank
3. Collect a surface water sample from the small pond located east of the leachate storage tank
4. Provide documentation of leachate discharged to the Schenectady wastewater treatment plant over the past 5 years, including numbers of pump out events, annual volume, and chemical analysis
5. Provide documentation on any tests for leaks related to the leachate collection system including the secondary containment associated with the buried storage tank
6. Measure the total depth of the transfer facility’s water supply well located at the front of the property and provide well installation records.
Thereafter, on April 15, 2022 @ 2:28 PM, Warren Harris IV sent an e-mail to Eric Hausamann, wherein was stated as following confirming the six above tasks to be performed, to wit:
Eric,
As indicated in my call with you today, WM will perform the requested six tasks at the Poestenkill Transfer Station in your letter dated April 11, 2022.
We will be in touch on our sampling schedule.
Thanks
Warren
That was followed up by an e-mail from Eric Hausamann to Susan Edwards, with copies to Sally Rushford (HEALTH); Brian Maglienti (DEC); David Harrington (DEC); Brittany M. O’Brien-Drake (DEC); Anthony J. Bollasina (DEC); and Justin Deming (HEALTH) on Friday, April 15, 2022 @ 2:30:21 PM, wherein the six tasks to be performed were again verified, including to Anthony Bollasina, PG, whose field notes we have above, to wit:
Hi all.
I just got off the phone with Warren Harris, transfer station manager in Poestenkill.
WMNY has agreed to perform the sampling and other tasks outlined in the letter we sent to them earlier this week.
He anticipates collecting the samples on Wednesday 4/20 around noon.
DER will have a representative there to witness sampling activities.
Have a happy weekend,
Eric
That was followed up by an e-mail from Warren Harris IV on Monday, April 18, 2022 @ 8:27 AM to Eric Hausamann (DEC) where without explanation, the tasks to be performed have been whittled down to just two, to wit:
Eric,
We plan on taking the leachate tank sample and surface pond sample this Wednesday April 20th at 8:00 AM if you would like to be present.
Please let me know if you or anyone else will be on site.
Thanks
Warren
And that e-mail was responded to as follows by Eric Hausamann (DEC), on Tuesday, April 19, 2022 @ 1:23 PM to Warren Harris IV, with copies to Brittany M. O'Brien-Drake (DEC); and Anthony J. Bollasina (DEC), as follows:
Hi Warren.
Thanks for the notice.
Two of my staff, Brittany O'Brien-Drake (who you met last month) and Tony Bollasina, will meet you at the transfer station tomorrow to observe the planned sampling activities.
Eric
There is your “general conformance” standard being applied in this case – although being assigned six tasks to complete, they “generally conformed” by doing only two, which as far as the DEC is concerned, was close enough, so case is now closed, especially given that in January 2022, NYSDEC Executive Deputy Commissioner Sean Mahar decreed that the transfer station was not the source, and there, in the guise of an “investigation” which in fact is a sham, you are baking fraud and dishonesty into the process with your bogus “general conformance with the regulations” standard, which is no standard at all, but as we see above, a recipe to mislead the public while protecting powerful corporate polluters from scrutiny and penalty, the seriousness of which charge, borne out by the evidence, directly affects my right to a healthful environment pursuant to § 19 of Article I of the Bill of Rights of the New York State Constitution, which section and Article you as an officer of the State of New York have sworn an oath to support as a condition of your employment with the NYSDEC.
This, Deputy Commissioner Glance, is the game the NYSDEC is playing on us here in Poestenkill feeding us lies and misinformation, which makes a mockery of the concept of “good moral character” of licensed professional engineers in your chain of command having the possession of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to the legal process and the administration of justice, as well as the condition of being regarded as possessing such qualities, because based on the record, they clearly are not in possession of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to the legal process and the administration of justice, and so, should not be in possession of a license from the State of New York to practice as a professional engineer.
Previously, I have asked you before to put an end to this farce, and instead, we get even more lies being fed to us by your subordinate Eric Hausamann, NYSPE 072068 in his 2 June 2022 letter to the Advertiser and in your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover.
Accordingly, it would now appear that you are committed to this whitewash, and before I go further, responding to yours of 31 May 2022, I once again would like to offer you an opportunity to extricate yourself from this situation while that window of opportunity, which is rapidly closing, remains yet open.
Respectfully,
Paul R. Plante, NYSPE
Dareth Glance
Deputy Commissioner
Environmental Remediation and Materials Management
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, New York, 12233-1500
RE: The DEC “Fast Shuffle”; or the scam you are running; “good moral character” defined; fraud and dishonesty involving licensed engineers at NYSDEC further detailed
Dear Deputy Commissioner Glance:
THE DEC “FAST SHUFFLE” DEFINED: a swindle; deprive of honest services of PE’s by deceit
To keep this as brief as possible while keeping the record straight in the case of the need for judicial intervention at a future point in time, and as simple and to the point as possible, so you can understand and comprehend exactly what I am saying to you as one who is a respected elder in my community of Poestenkill who also possesses a license from the State of New York to practice as an engineer to safeguard life, health and property in accordance with the provisions of New York State Education Law § 7201, in a word, what you and Basil Seggos and the NYSDEC, and by extension the Office of the Governor, are doing here in the guise of conducting a farcical, comic opera “investigation” of groundwater contamination in Poestenkill involving a politically-powerful corporation that is a known polluter in Poestenkill with DEC cover, is running a scam on the people of Poestenkill, and by extension, the people of New York, because you are creating a state-wide “template” here, which scam involves two New York state licensed professional engineers in your chain of command using their PE licenses to “legitimize” the scam in the minds of the unsuspecting public, which I consider, as a licensed professional engineer, to be a textbook case of unprofessional conduct by New York State licensed engineers in your chain of command in violation of § 29.3(a)(1) of the Rules of the New York State Board of Regents wherein is stated "unprofessional conduct shall also include, in the profession of engineering being associated in a professional capacity with any project or practice known to the licensee to be fraudulent or dishonest in character, or not reporting knowledge of such fraudulence or dishonesty to the Education Department."
And as I talk about the DEC conducting a farcical, comic opera “investigation” of groundwater contamination in Poestenkill, here I am referring to a letter in the 2 June 2022 Advertiser, a local Rensselaer County newspaper serving the affected area in the Town of Poestenkill, Rensselaer County, proximate to the Algonquin Middle School and the NYSDEC-regulated Poestenkill transfer station at the intersection of Rtes. 66 and 351, by your subordinate Eric Hausamann, NYSPE 072068, titled “Poestenkill PFAS Investigation Update, where we have as follows under the heading “Nearby Property Investigations,” to wit:
DEC continues to pursue access to nearby commercial/industrial properties to evaluate if PFAS are present at source-level concentrations in groundwater and soil.
DEC will continue to investigate potential sources of contamination based on the evaluation of data and other information gathered from analytical testing, field exploration methods, and the history of the area.
The statement by your subordinate Eric Hausamann, NYSPE 072068, that a year-and-a-half after PFAS was discovered in the water supply of the Algonquin School that the DEC continues to “pursue” access to nearby commercial/industrial properties is patently absurd based on the record your subordinate should have been aware of long before he wrote those words in the June 2, 2022 Advertiser in an obvious and transparent attempt to use his P.E. license to mislead unaware people in Poestenkill who wouldn’t know better, which is dishonest on his part as a New York state licensed professional engineer.
First off, if in fact the DEC were “actively” investigating any of those locations, there would be some record of those investigations, which there isn’t, and if somebody competent had actually performed a site visit pursuant to Appendix 3A(a)(2) in accordance with substantial compliance with the provisions of DER-10, § 3.1, Site Characterization and Remedial Investigation Overview, which appendix provides that the person conducting the records search should conduct a site visit to verify the findings in paragraph (a)1 of Appendix 3A, they would have clearly noted that any run-off from Valente Lumber flows north through an obvious ravine, which takes it away from the Algonquin School and the affected residential area of Poestenkill down-gradient from the DEC-regulated Poestenkill transfer station, which has been ruled out as a source by Sean Mahar, the NYSDEC Executive Deputy Commissioner, based on nothing, at all, other than a political decision to have that be so.
Further, they would have noted that two wells on the Valente sawmill property had been tested for PFAS last fall in September or October of 2021, and not surprisingly, since it is a sawmill cutting logs into rough lumber, tested negative for PFAS, which is a matter of record that your subordinate Eric Hausamann, NYSPE 072068, would have been aware of long before he wrote those words above.
And it is my information and belief from conversation with Stephen Valente, one of the Valente family that operate the sawmill, that when the sawmill was first added to the DEC list of “suspects,” he contacted the DEC and offered access to the property as a means of getting his business off that list of “suspects,” which offer of access the DEC never availed itself of, which makes that a willfully false statement by your subordinate Eric Hausamann, NYSPE 072068 that he and the DEC are still trying to get access to the Valente sawmill property to conduct testing.
As to the car wash listed as a source, that no longer exists and hasn’t for some time, there not being a trace left of where it used to be, so it is a mystery why the DEC is still trying after all this time to gain access to something that doesn’t exist.
And as to access to Hass Manufacturing, David Hass, the owner, is a councilman on the Poestenkill town board, the same Town of Poestenkill that was the subject of the first sentence of the Hausamann letter in the 2 June 2022 Advertiser, as follows:
The New York State Departments of Environmental Conservation (DEC) and Health (DOH) are working directly with Rensselaer County and the Town of Poestenkill using a coordinated, science-based approach to investigate the source of PFAS contamination in drinking water in the community.
If the DEC is actually working “directly” with the Town of Poestenkill of which David Hass is a member of the town board, using a “science-based” approach to investigate the source of PFAS contamination in drinking water in the community, and has been working with the Town of Poestenkill in that capacity since at least August of 2021, how can it be that in all that time, they have been unable to gain access to a site owned and operate by one of their “partners?”
That makes no sense whatsoever, given that Appendix 3A(a)(3)(vi)(4) of DER-10, § 3.1, Site Characterization and Remedial Investigation Overview, which Eric Hausamann, NYSPE 072068, should be able to quote from chapter and verse as a New York state licensed professional engineer, states that at the beginning of an investigation, people to interview should include local officials, such as elected officials, which elected official would include Poestenkill councilman David Hass, the owner of Hass manufacturing, one of the other “suspects” on the DEC list of possible sources, even though there is no record of any spills on the Hass property involving PFAS or any other chemicals for that matter.
And then we have the statement of your subordinate Eric Hausamann, NYSPE 072068 in the letter in his 2 June 2022 Advertiser letter that DEC “will continue to investigate potential sources of contamination based the history of the area,” except that is not true, at all, because based on the history of the area, the Poestenkill transfer station with its history of spills has to be considered a prime suspect and logical source of the contamination, given that it is located on high ground in relation to the known contaminated areas of the Town of Poestenkill, and yet, the DEC has decided in January of 2022 that the transfer station is not the source.
Which takes us to this scam you are running as Deputy Commissioner in charge of this sham PFAS investigation in Poestenkill, which scam is a variation on the theme of the scam perpetrated on the people of New York by the DEC in the May 1987 New York State Department of Environmental Conservation's Upstate Groundwater Management Program Survey, wherein was stated "However, according to the New York State Department of Environmental Conservation's Upstate Groundwater Management Program Survey, DEC knows of no instance when significant groundwater quality or quantity problems have occurred at mines in New York State," which statement was then parroted back to DEC by applicants for mining permits as “proof” that their mining operations would not cause harm, leaving it to the people of New York to have to prove otherwise, an almost impossible task for the layperson.
In this case, irrefutable and incontrovertible proof of this scam being perpetrated on the people of Poestenkill, which scam gives DEC’s “standby contractors” a greenlight to conduct shoddy field investigations to protect powerful polluters in New York state, is found in your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover, which gives them ownership of the scam you are running as the deputy of Basil Seggos and makes them responsible for what is contained therein, to wit:
All field activities will be completed by NYSDEC’s standby contractors in general conformance with Department policies, programs, and procedures, as applicable, including, but not limited to the following: 6 NYCRR Part 375, DER-10, NYSDEC’s Sampling, Analysis, and Assessment of PFAS guidance document, and US EPA Design and Installation of Monitoring Wells Guidance and ASTM D5092.
There is the same “general conformance” scam you were peddling as the public officer in the New York State Department of Environmental Conservation with direct responsibility for the Office of Remediation & Materials Management as a Deputy Commissioner in your February 8, 2022 letter to Greg Pattenaude of Concerned Citizens for Clean Drinking Water, the sham citizen’s group in Poestenkill, who on his Linked in page states he has been a DJ, produced high school hockey telecasts, was the PA announcer in the International Hockey League, was president of two softball leagues, coached youth soccer and is currently a paid background actor, where you wrote as follows with respect to the scam you are perpetrating on the people of Poestenkill as the deputy of Basil Seggos, to wit:
The Commissioner asked that I follow up with you as I am DEC's new Deputy Commissioner for Remediation and Materials Management.
DEC's evaluation of potential sources of PFAS at and around the Algonquin Middle School are being performed in general conformance with existing DEC guidance on site investigations, including DER-10: Technical Guidance for Site Investigation and Remediation (May 2010) and Sampling, Analysis, and Assessment of PFAS (June 2021).
And it is the same scam I brought to your attention as Deputy Commissioner for Environmental Remediation and Materials Management in a 4 June 2022 writing titled “Evidence of fraud and dishonesty as an on-going course of conduct at NYSDEC,” as follows:
In this case, the fraud and dishonesty revolve around your statement to this sham citizen’s group CCCDW in Poestenkill that instead of “substantial compliance with provisions of Federal, State or local laws, rules or regulations governing the practice of the profession of engineering,” you have substituted a “general conformance” standard, instead, which is no standard at all, but to the contrary, another intentional fraud on the public, as is the standard being put forth by the NYSDEC that a corporation, in this case, Waste Management of New York, LLC, is allowed to pollute groundwater so long as it stays below the MCL for the contaminant in question, and that before it can conduct an investigation, the NYSDEC needs express permission from the alleged polluters to conduct an investigation.
Now, it is clear based on the way the New York State Environmental Conservation Law was written that you as a deputy of Basil Seggos are free to engage in fraud and dishonesty with impunity, and as a citizen, there is nothing I can do about that, but that freedom you enjoy as a deputy of Basil Seggos to engage in conduct that is fraudulent and dishonest does not transfer to and cannot be delegated by you to licensed professional engineers in your chain of command without it being considered unprofessional conduct on their part to follow your directions to engage in deceit and deception of the people of the Town of Poestenkill, as can be seen in this June 11, 1991 Declaratory Ruling of the New York State Department of Education by Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York which I submitted to the Office of Professional Discipline on 6 March 2022 in support of my complaint of professional misconduct alleged to involve licensed engineers in your chain of command, as follows:
A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).
Sections 6506, 6507, 6508 and 6509 of the New York State Education Law give no authority to local boards of health in professional engineering or discipline matters.
A professional engineer should never commit professional misconduct.
Where a professional engineer is given directions that require him or her to commit professional misconduct. it remains the obligation of the professional engineer not to commit such misconduct.
Nothing in the definition of the practice of engineering under section 7201 of the Education Law permits an exemption from professional disciplinary violations on the grounds of having followed orders from a local health board.
A professional engineer is always responsible for his or her own professional work.
While a professional engineer may take purely administrative orders from an unlicensed person, the engineer should never follow orders which require him or her to commit professional misconduct.
Again, it is the professional engineer's personal obligation not to commit professional misconduct.
According to that ruling, the licensed engineers in your chain of command are supposed to be doing what I am doing, which is to stand up to you and Basil Seggos, even at the cost of their jobs, when asked or directed to commit professional misconduct to protect powerful corporate polluters in Poestenkill and New York state, not go along to get along.
And to be sure that that same ruling would apply to licensed professional engineers in the employ of the DEC, I followed that up in my 6 March 2022 complaint to the OPD involving licensed engineers in your chain of command, as follows:
Where the June 11, 1991 Ruling by Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York states that "(N)othing in the definition of the practice of engineering under section 7201 of the Education Law permits an exemption from professional disciplinary violations on the grounds of having followed orders from a local health board, " would I be correct in stating to the chief investigator that that also would read, in this situation at hand, "(N)othing in the definition of the practice of engineering under section 7201 of the Education Law permits an exemption from professional disciplinary violations on the grounds of having followed orders from the Office of the Governor of New York State?"
Are there special circumstances that would allow the Governor of the State of New York to grant a professional engineer with the New York State Department of Environmental Conservation committing professional misconduct in the service of the Governor's Office immunity from the Rules of the Board of Regents?
As you can clearly see, if that answer is in the affirmative, that yes, the Governor does indeed have that power and authority, then there is absolutely no sense in wasting my time and that of the chief investigator further with this matter.
Given that in your writing to me of 31 May 2022, you confirmed that an investigation triggered by my formal complaint to the Office of Professional Discipline (OPD) concerning the handling of the Poestenkill investigation is now on-going, clearly there are not special circumstances that would allow the Governor of the State of New York to grant a professional engineer with the New York State Department of Environmental Conservation committing professional misconduct in the service of the Governor's Office immunity from the Rules of the Board of Regents, which takes us to the difference between you as a deputy of Basil Seggos pursuant to New York State Environmental Conservation Law § 3-0107(2), wherein is stated “(T)he commissioner may appoint such deputies, directors, assistants and other officers and employees as may be needed for the performance of his duties and may prescribe their powers and duties,” and the professional engineers of the NYSDEC, who positions are defined by 6 NYCRR 637.6(a) Qualifications and primary functions for environmental engineers, as follows:
An environmental engineer applies the principles and data of engineering and natural and social sciences for the protection and improvement of the environment.
And there we have an essential difference between you as a political appointee of Basil Seggos with undefined duties, other than keeping Kathy Hochul happy, and the licensed professional engineers in your chain of command; while as a deputy of Basil Seggos you can commit fraud and act dishonestly with impunity, not so with them, as their duties are to the people of the state of New York, not Kathy Hochul, and most certainly not the polluters you are protecting, and those duties are defined by regulation, not by you, not by Basil Seggos and not by Kathy Hochul.
Engineers in the employ of the NYSDEC exist according to your regulations in 6 NYCRR 637.6(a) to apply the principles and data of engineering and natural and social sciences for the protection and improvement of the environment.
They have no special license or permission or exemptions from yourself as a deputy commissioner, or from Basil Seggos, or Kathy Hochul, or any of her staff that would grant them immunity from a charge of neglect of duty by disregarding the principles and data of engineering and natural and social sciences, and thereby failing on command from yourself and Basil Seggos and Kathy Hochul to protect and improve the environment, as 6 NYCRR 637.6(a) requires, and instead act against the regulation for the good of the financial bottom line of powerful corporate polluters, no matter how much political clout they have with Basil Seggos and Kathy Hochul, which brings us to 6 NYCRR 637.6(d)(1), senior environmental engineer, the primary functions of that position being as follows, to wit:
A senior environmental engineer is responsible for planning, directing and administering all environmental programs, or has responsible charge of all engineering functions in an agency having regulatory responsibility for a political subdivision of less than 100,000 population or, under administrative supervision, has responsibility for the same or similar functions for segments of an environmental conservation program in an agency having regulatory responsibility for a political subdivision of 100,000 or greater population.
Pursuant to 6 NYCRR 637.6(d)(2)(i), the qualifications required to be a senior environmental engineer with the NYSDEC includes possession of a license to practice professional engineering in New York State.
And pursuant to New York State Education Law § 7206(7), Requirements for a license as a professional engineer, the applicant must be of good moral character as determined by the New York State Education Department where the term “good moral character” can be taken to mean the possession of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to the legal process and the administration of justice, as well as the condition of being regarded as possessing such qualities, and that is because in New York State, engineers are licensed pursuant to New York State Education Law § 7201 to safeguard life, health and property, not conduct whitewashes to protect politically powerful corporate polluters in New York state who are a direct threat to life, health and property, and not to participate in scams, cover-ups and whitewashes and engage in fraudulent and dishonest conduct to curry favor with the office of the Governor, or Basil Seggos, or yourself, which is why § 29.1(b)(1) of the New York State Board of Regents governing professional practice by engineers states in clear and unambiguous regulatory language that should be easily comprehensible to someone of the good moral character required to be a licensed professional engineer in New York state that unprofessional conduct in the practice of engineering shall include willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession.
And that brings us back to your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover, which gives them ownership of the scam you are running as the deputy of Basil Seggos and makes them responsible for what is contained therein, where we have the following, to wit:
As outlined in the May 2022 Community Update; DEC requested Waste Management of New York (WMNY), the operator of the Poestenkill Transfer Station, to collect and analyze samples for PFAS from the underground leachate collection vault, the small pond, two former drinking water supply wells, and from any existing groundwater monitoring wells (if present).
WMNY agreed to this request and those samples were collected and are now being analyzed.
That, however, is neither true nor factual based on the field notes of Anthony Bollasina, P.G., whose Linked in page states that he is geologist at NYS Department of Environmental Conservation currently working in the Special Projects Bureau on a variety of technical projects focused on the emerging contaminants 1,4-dioxane and per- and polyfluoroalkyl substances (PFAS), as follows:
4/20/22 8 A.M.
Walked to the vacant houses on the eastern side of the property to see the former water supply wells
There is no record that any samples were taken from those wells, which raises the question of how something that doesn’t exist can be tested for anything, let alone the presence of PFAS, and the inclusion of that false statement that Waste Management of New York, LLC took those samples in the your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover is a clear-cut example of the fraud and deception you and your team of whitewashers including licensed professional engineers are practicing on the unwitting and unsuspecting residents of Poestenkill affected by PFAS in their drinking water.
And that brings us to the definition of the terms “fraud” and “fraudulent,” which terms mean conduct that involves a misrepresentation of material fact made with intent to deceive or a state of mind so reckless respecting consequences as to be the equivalent of intent, where there is justifiable reliance on the misrepresentation by the party deceived, inducing the party to act thereon, and where there is injury to the party deceived resulting from reliance on the misrepresentation.
Fraud also may be established by a purposeful omission or failure to state a material fact, which omission or failure to state makes other statements misleading, and where the other elements of justifiable reliance and injury are established.
In this case, both of those terms apply to your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover, and who are being not only deceived, but deprived of the honest services of licensed professionals in your chain of command who have a duty to the people of Poestenkill to safeguard life, health and property are the people of Poestenkill to whom that duty is owed.
As to evidence of misleading statements intended to deceive the people of Poestenkill, all we need do is go back to your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, as follows:
As outlined in the May 2022 Community Update; DEC requested Waste Management of New York (WMNY), the operator of the Poestenkill Transfer Station, to collect and analyze samples for PFAS from the underground leachate collection vault, the small pond, two former drinking water supply wells, and from any existing groundwater monitoring wells (if present).
WMNY agreed to this request and those samples were collected and are now being analyzed.
That statement is misleading and inconsistent with the facts in the record because on April 11, 2022, Eric Hausamann, Chief, Section D, Remedial Bureau D, Division of Environmental Remediation sent a letter Waste Management of New York, LLC, Attn: Warren Harris, Sr., District Manager, 424 Peters Road, Gansevoort, NY 12831, RE: Poestenkill Transfer Station,
Poestenkill (T), Rensselaer County with copies to D. Harrington/B. O’Brien-Drake, DEC, B. Maglienti, DEC Region 4, wherein six (6) tasks were outlined to be performed as follows:
DEC requests that WMNY perform the numbered tasks below.
In the event WMNY refuses to perform the requested tasks, DEC will perform them using its authority under ECL Article 3, Paragraph 2(g), to “enter and inspect any property or premises for the purpose of investigating either actual or suspected sources of pollution or contamination."
1. Collect samples from each of the former potable water supply wells serving the two residential structures located along the east side of the property as well as any existing groundwater monitoring wells
2. Collect a sample of the wastewater within the leachate storage tank
3. Collect a surface water sample from the small pond located east of the leachate storage tank
4. Provide documentation of leachate discharged to the Schenectady wastewater treatment plant over the past 5 years, including numbers of pump out events, annual volume, and chemical analysis
5. Provide documentation on any tests for leaks related to the leachate collection system including the secondary containment associated with the buried storage tank
6. Measure the total depth of the transfer facility’s water supply well located at the front of the property and provide well installation records.
Thereafter, on April 15, 2022 @ 2:28 PM, Warren Harris IV sent an e-mail to Eric Hausamann, wherein was stated as following confirming the six above tasks to be performed, to wit:
Eric,
As indicated in my call with you today, WM will perform the requested six tasks at the Poestenkill Transfer Station in your letter dated April 11, 2022.
We will be in touch on our sampling schedule.
Thanks
Warren
That was followed up by an e-mail from Eric Hausamann to Susan Edwards, with copies to Sally Rushford (HEALTH); Brian Maglienti (DEC); David Harrington (DEC); Brittany M. O’Brien-Drake (DEC); Anthony J. Bollasina (DEC); and Justin Deming (HEALTH) on Friday, April 15, 2022 @ 2:30:21 PM, wherein the six tasks to be performed were again verified, including to Anthony Bollasina, PG, whose field notes we have above, to wit:
Hi all.
I just got off the phone with Warren Harris, transfer station manager in Poestenkill.
WMNY has agreed to perform the sampling and other tasks outlined in the letter we sent to them earlier this week.
He anticipates collecting the samples on Wednesday 4/20 around noon.
DER will have a representative there to witness sampling activities.
Have a happy weekend,
Eric
That was followed up by an e-mail from Warren Harris IV on Monday, April 18, 2022 @ 8:27 AM to Eric Hausamann (DEC) where without explanation, the tasks to be performed have been whittled down to just two, to wit:
Eric,
We plan on taking the leachate tank sample and surface pond sample this Wednesday April 20th at 8:00 AM if you would like to be present.
Please let me know if you or anyone else will be on site.
Thanks
Warren
And that e-mail was responded to as follows by Eric Hausamann (DEC), on Tuesday, April 19, 2022 @ 1:23 PM to Warren Harris IV, with copies to Brittany M. O'Brien-Drake (DEC); and Anthony J. Bollasina (DEC), as follows:
Hi Warren.
Thanks for the notice.
Two of my staff, Brittany O'Brien-Drake (who you met last month) and Tony Bollasina, will meet you at the transfer station tomorrow to observe the planned sampling activities.
Eric
There is your “general conformance” standard being applied in this case – although being assigned six tasks to complete, they “generally conformed” by doing only two, which as far as the DEC is concerned, was close enough, so case is now closed, especially given that in January 2022, NYSDEC Executive Deputy Commissioner Sean Mahar decreed that the transfer station was not the source, and there, in the guise of an “investigation” which in fact is a sham, you are baking fraud and dishonesty into the process with your bogus “general conformance with the regulations” standard, which is no standard at all, but as we see above, a recipe to mislead the public while protecting powerful corporate polluters from scrutiny and penalty, the seriousness of which charge, borne out by the evidence, directly affects my right to a healthful environment pursuant to § 19 of Article I of the Bill of Rights of the New York State Constitution, which section and Article you as an officer of the State of New York have sworn an oath to support as a condition of your employment with the NYSDEC.
This, Deputy Commissioner Glance, is the game the NYSDEC is playing on us here in Poestenkill feeding us lies and misinformation, which makes a mockery of the concept of “good moral character” of licensed professional engineers in your chain of command having the possession of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to the legal process and the administration of justice, as well as the condition of being regarded as possessing such qualities, because based on the record, they clearly are not in possession of honesty and truthfulness, trustworthiness and reliability, and a professional commitment to the legal process and the administration of justice, and so, should not be in possession of a license from the State of New York to practice as a professional engineer.
Previously, I have asked you before to put an end to this farce, and instead, we get even more lies being fed to us by your subordinate Eric Hausamann, NYSPE 072068 in his 2 June 2022 letter to the Advertiser and in your May 2022 NYSDEC publication titled “Poestenkill PFAS Investigation - Nearby Property Investigations Work Plan, (SPILL NO. 2105197), Poestenkill, NY, which publication has the names of Kathy Hochul, Governor, and Basil Seggos, Commissioner, on the cover.
Accordingly, it would now appear that you are committed to this whitewash, and before I go further, responding to yours of 31 May 2022, I once again would like to offer you an opportunity to extricate yourself from this situation while that window of opportunity, which is rapidly closing, remains yet open.
Respectfully,
Paul R. Plante, NYSPE
Re: THE PAUL PLANTE STORY
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 5/23/2022, Reference # W101489-052322
Date: 06/16/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Poestenkill (T), Algonquin Middle School
Any and all transcripts for Zoom meetings between NYSDEC, the RCDOH, the NYSDOH, the Town of Poestenkill, the Algonquin Middle School, and others, between January 1, 2021 and February 25, 2022.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 5/23/2022, Reference # W101489-052322
Date: 06/16/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Poestenkill (T), Algonquin Middle School
Any and all transcripts for Zoom meetings between NYSDEC, the RCDOH, the NYSDOH, the Town of Poestenkill, the Algonquin Middle School, and others, between January 1, 2021 and February 25, 2022.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
Re: THE PAUL PLANTE STORY
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 5/23/2022, Reference # W101503-052322
Date: 06/16/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Postenkill (T), Algonquin Middle School
Transcript of ZOOM meeting on May 19, 2022 between Concerned Citizens for Clean Water, the Town of Poestenkill, Rensselaer County Department of Health, the state Department of Health, the state Department of Environmental Conservation and Clean Water Environmental Advocates NY.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 5/23/2022, Reference # W101503-052322
Date: 06/16/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Postenkill (T), Algonquin Middle School
Transcript of ZOOM meeting on May 19, 2022 between Concerned Citizens for Clean Water, the Town of Poestenkill, Rensselaer County Department of Health, the state Department of Health, the state Department of Environmental Conservation and Clean Water Environmental Advocates NY.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
Re: THE PAUL PLANTE STORY
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 6/1/2022, Reference # W101917-060122
Date: 06/22/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and 27 September 2021 related to then-NYSDEC Chief of Staff Sean Mahar appearing as a panel member at what was billed as a community meeting in Poestenkill, NY on 27 September 2021 related to the PFAS contamination of groundwater in the vicinity of the Algonquin Middle School in Poestenkill, Rensselaer County.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 6/1/2022, Reference # W101917-060122
Date: 06/22/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and 27 September 2021 related to then-NYSDEC Chief of Staff Sean Mahar appearing as a panel member at what was billed as a community meeting in Poestenkill, NY on 27 September 2021 related to the PFAS contamination of groundwater in the vicinity of the Algonquin Middle School in Poestenkill, Rensselaer County.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
Re: THE PAUL PLANTE STORY
Reference No: W103020-062622
Dear Paul R.:
Thank you for your Freedom of Information Law (FOIL) request.
Your request has been received and is being processed.
Your request was received in this office on 6/26/2022 and given the reference number FOIL #W103020-062622 for tracking purposes.
You may expect the Department's response to your request no later than 7/26/2022.
Record Requested: Any and all records as that term is defined in New York State Public Officers Law § 86(4) for the period between 1 January 2021 and 27 September 2021 related to a response from DEC to an invitation extended to DEC by the Town of Poestenkill, which invitation was the subject of an article in THE ADVERTISER LOCAL GOVERNMENT titled Poestenkill PFOA Community Meeting dated September 23, 2021, wherein was stated "A Community Meeting is scheduled in Poestenkill, Rensselaer County to discuss PFOA found in drinking water at local school and nearby homes," and "Representatives from the NYS Department of Environmental Conservation, NYS Department of Health, and Rensselaer County Health Department have been invited to participate."
New York State Department of Environmental Conservation, Record Access Office
Dear Paul R.:
Thank you for your Freedom of Information Law (FOIL) request.
Your request has been received and is being processed.
Your request was received in this office on 6/26/2022 and given the reference number FOIL #W103020-062622 for tracking purposes.
You may expect the Department's response to your request no later than 7/26/2022.
Record Requested: Any and all records as that term is defined in New York State Public Officers Law § 86(4) for the period between 1 January 2021 and 27 September 2021 related to a response from DEC to an invitation extended to DEC by the Town of Poestenkill, which invitation was the subject of an article in THE ADVERTISER LOCAL GOVERNMENT titled Poestenkill PFOA Community Meeting dated September 23, 2021, wherein was stated "A Community Meeting is scheduled in Poestenkill, Rensselaer County to discuss PFOA found in drinking water at local school and nearby homes," and "Representatives from the NYS Department of Environmental Conservation, NYS Department of Health, and Rensselaer County Health Department have been invited to participate."
New York State Department of Environmental Conservation, Record Access Office
Re: THE PAUL PLANTE STORY
26 JUNE 2022
Rebecca Denue, Esq.
FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, New York, 12233-1500
RE: APPARENT DENIAL OF APPEAL OF PUBLIC RECORDS REQUEST of 3/31/2022, Reference # W098922-033122; Statute of Limitations now triggered
Dear Ms. Denue:
To keep the record straight here in the light of your apparent denial of my above FOIL Appeal, according to USPS tracking, on 25 May 2022, you received my Appeal in this above matter which Appeal was dated 22 MAY 2022, and was therefore timely filed.
According to the New York State Freedom of Information Law, you had ten (10) business days in which to respond (see FOIL §89(4)(b)), which would have been on 8 June 2022, which date has come and gone with no response from yourself as to the status of my appeal.
According to the New York State Freedom of Information Law, if a determination on the appeal is not rendered within ten business days, the failure to do so constitutes a denial of the appeal, and in that circumstance, I may now initiate a proceeding to challenge the denial of access under Article 78 of the Civil Practice Law and Rules
For the record with respect to FOIL request # W098922-033122, it was for the following records, to wit:
Any and all preliminary and final plans, documents, computations, records and professional evaluations prepared by Susan Edwards, NYSPE 067260, underlying and supporting a January 31, 2022 professional opinion issued by Ms. Edwards stating that "the data obtained from samples of the water supply well at the Waste Management Transfer Station suggests that the transfer station is not a likely source of PFAS contamination in the area," and "While there were detections of PFAS in the water sample, that fact alone does not mean there is a contaminant source on the property."
In that Appeal, I informed you that I was appealing from a May 12, 2022 decision of a NYSDEC FOIL Officer advising me that the DEC had withheld certain responsive documents or portions thereof from disclosure in accordance with one or more of the following provisions of the Public Officers Law (POL):
• POL 87.2.b. Would constitute an unwarranted invasion of personal privacy under POL 89.2
• POL 87.2.g. Inter-agency or intra-agency materials
• CPLR 4503 Records protected from disclosure because of attorney-client privilege
The grounds for the appeal were that the FOIL Officer, in denying my request:
1. failed to perform a duty enjoined upon the New York State Department of Environmental Conservation by law; and
2. the officer proceeded without or in excess of jurisdiction; and
3. the determination was arbitrary and capricious; and
4. the determination was an abuse of discretion.
As to abuse of discretion, the FOIL Officer's discretion is stated in clear and unequivocal statutory language in New York State Public Officers Law § 84 wherein is provided "The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions," and "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society."
Accordingly, the FOIL Officer does not have any discretion that allows him or her to concoct specious, absurd, and ridiculous reasons to deny a request based on flimsy and made-up excuses as is the case here, most especially where the request for “(A)ny and all preliminary and final plans, documents, computations, records and professional evaluations prepared by Susan Edwards, NYSPE 067260, underlying and supporting a January 31, 2022 professional opinion issued by Ms. Edwards stating that ‘the data obtained from samples of the water supply well at the Waste Management Transfer Station suggests that the transfer station is not a likely source of PFAS contamination in the area,’ and ‘While there were detections of PFAS in the water sample, that fact alone does not mean there is a contaminant source on the property’" was denied based on CPLR 4503, Records protected from disclosure because of attorney-client privilege.
Susan Edwards is an engineer licensed to practice in NYS pursuant to New York State Education Law § 7202, Practice of engineering and use of title "professional engineer,” wherein is clearly stated “Only a person licensed or otherwise authorized under this article shall practice engineering or use the title ‘professional engineer,’" and thus, her conduct in this matter regarding those records is governed by § 29.3(a)(4) of the New York State Board of Regents, General provisions for design professions, where unprofessional conduct on the part of licensed engineers such as Susan Edwards shall also include failure by a licensee to maintain for at least six years all preliminary and final plans, documents, computations, records and professional evaluations prepared by the licensee, or the licensee's employees, relating to work to which the licensee has affixed his seal and signature.
There is no lawyer-client relationship at play here because as a licensed engineer, the conduct of Susan Edwards is governed by § 29.1(b)(10) of the Rules of the New York State Board of Regents which provides that unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law shall include “delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them.”
If Susan Edwards is delegating her professional responsibilities to a lawyer, not only is it clear that she is willfully violating § 29.1(b)(10) of the Rules of the New York State Board of Regents, but § 29.1(b)(9), as well, “performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.”
Accordingly, for all of the reasons stated, the determination of the FOIL Officer to deny the records sought should have been overturned as being a failure to perform a duty enjoined upon the New York State Department of Environmental Conservation by law; the officer acted without or in excess of jurisdiction; the determination was arbitrary and capricious; and the determination was an abuse of discretion.
Given your silence in the matter, I can only conclude that you have made a conscious decision to protect Ms. Edwards.
Should I be wrong in that, please advise me of that fact.
In the meantime, I shall proceed as if your silence in indeed a denial of my appeal.
Respectfully,
Paul R. Plante. P.E.
Rebecca Denue, Esq.
FOIL Appeals Officer
Office of General Counsel
New York State Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, New York, 12233-1500
RE: APPARENT DENIAL OF APPEAL OF PUBLIC RECORDS REQUEST of 3/31/2022, Reference # W098922-033122; Statute of Limitations now triggered
Dear Ms. Denue:
To keep the record straight here in the light of your apparent denial of my above FOIL Appeal, according to USPS tracking, on 25 May 2022, you received my Appeal in this above matter which Appeal was dated 22 MAY 2022, and was therefore timely filed.
According to the New York State Freedom of Information Law, you had ten (10) business days in which to respond (see FOIL §89(4)(b)), which would have been on 8 June 2022, which date has come and gone with no response from yourself as to the status of my appeal.
According to the New York State Freedom of Information Law, if a determination on the appeal is not rendered within ten business days, the failure to do so constitutes a denial of the appeal, and in that circumstance, I may now initiate a proceeding to challenge the denial of access under Article 78 of the Civil Practice Law and Rules
For the record with respect to FOIL request # W098922-033122, it was for the following records, to wit:
Any and all preliminary and final plans, documents, computations, records and professional evaluations prepared by Susan Edwards, NYSPE 067260, underlying and supporting a January 31, 2022 professional opinion issued by Ms. Edwards stating that "the data obtained from samples of the water supply well at the Waste Management Transfer Station suggests that the transfer station is not a likely source of PFAS contamination in the area," and "While there were detections of PFAS in the water sample, that fact alone does not mean there is a contaminant source on the property."
In that Appeal, I informed you that I was appealing from a May 12, 2022 decision of a NYSDEC FOIL Officer advising me that the DEC had withheld certain responsive documents or portions thereof from disclosure in accordance with one or more of the following provisions of the Public Officers Law (POL):
• POL 87.2.b. Would constitute an unwarranted invasion of personal privacy under POL 89.2
• POL 87.2.g. Inter-agency or intra-agency materials
• CPLR 4503 Records protected from disclosure because of attorney-client privilege
The grounds for the appeal were that the FOIL Officer, in denying my request:
1. failed to perform a duty enjoined upon the New York State Department of Environmental Conservation by law; and
2. the officer proceeded without or in excess of jurisdiction; and
3. the determination was arbitrary and capricious; and
4. the determination was an abuse of discretion.
As to abuse of discretion, the FOIL Officer's discretion is stated in clear and unequivocal statutory language in New York State Public Officers Law § 84 wherein is provided "The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions," and "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society."
Accordingly, the FOIL Officer does not have any discretion that allows him or her to concoct specious, absurd, and ridiculous reasons to deny a request based on flimsy and made-up excuses as is the case here, most especially where the request for “(A)ny and all preliminary and final plans, documents, computations, records and professional evaluations prepared by Susan Edwards, NYSPE 067260, underlying and supporting a January 31, 2022 professional opinion issued by Ms. Edwards stating that ‘the data obtained from samples of the water supply well at the Waste Management Transfer Station suggests that the transfer station is not a likely source of PFAS contamination in the area,’ and ‘While there were detections of PFAS in the water sample, that fact alone does not mean there is a contaminant source on the property’" was denied based on CPLR 4503, Records protected from disclosure because of attorney-client privilege.
Susan Edwards is an engineer licensed to practice in NYS pursuant to New York State Education Law § 7202, Practice of engineering and use of title "professional engineer,” wherein is clearly stated “Only a person licensed or otherwise authorized under this article shall practice engineering or use the title ‘professional engineer,’" and thus, her conduct in this matter regarding those records is governed by § 29.3(a)(4) of the New York State Board of Regents, General provisions for design professions, where unprofessional conduct on the part of licensed engineers such as Susan Edwards shall also include failure by a licensee to maintain for at least six years all preliminary and final plans, documents, computations, records and professional evaluations prepared by the licensee, or the licensee's employees, relating to work to which the licensee has affixed his seal and signature.
There is no lawyer-client relationship at play here because as a licensed engineer, the conduct of Susan Edwards is governed by § 29.1(b)(10) of the Rules of the New York State Board of Regents which provides that unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law shall include “delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them.”
If Susan Edwards is delegating her professional responsibilities to a lawyer, not only is it clear that she is willfully violating § 29.1(b)(10) of the Rules of the New York State Board of Regents, but § 29.1(b)(9), as well, “performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.”
Accordingly, for all of the reasons stated, the determination of the FOIL Officer to deny the records sought should have been overturned as being a failure to perform a duty enjoined upon the New York State Department of Environmental Conservation by law; the officer acted without or in excess of jurisdiction; the determination was arbitrary and capricious; and the determination was an abuse of discretion.
Given your silence in the matter, I can only conclude that you have made a conscious decision to protect Ms. Edwards.
Should I be wrong in that, please advise me of that fact.
In the meantime, I shall proceed as if your silence in indeed a denial of my appeal.
Respectfully,
Paul R. Plante. P.E.
Re: THE PAUL PLANTE STORY
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 6/1/2022, Reference # W101910-060122
Date: 06/27/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the Town of Poestenkill a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 6/1/2022, Reference # W101910-060122
Date: 06/27/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the Town of Poestenkill a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
Re: THE PAUL PLANTE STORY
Office of General Counsel
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 6/1/2022, Reference # W101909-060122
Date: 06/27/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the Rensselaer County Department of Health a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access
P: (518) 402-9522 | F:
www.dec.ny.gov
RE: PUBLIC RECORDS REQUEST of 6/1/2022, Reference # W101909-060122
Date: 06/27/2022
Dear Paul R. Plante,
I write in response to your Freedom of Information Law (FOIL) request seeking:
Any and all records as that term is defined in New York State Public Officers Law § 86(4) between 1 January 2021 and the present in connection with NYSDEC Commissioner Basil Seggos deputizing or otherwise making the Rensselaer County Department of Health a "partner" of the NYSDEC in regard to the investigation of PFAS in the groundwater in the town of Poestenkill, Rensselaer County, near the Algonquin Middle School and the intersection of NYS Rtes. 66 and 351.
Please be advised that a diligent search of the files maintained by DEC produced no responsive records.
Sincerely,
Records Access