NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ‘Solid Waste Compliance Unit, Region 3 21 South Put Corners Road, New Patz, NY 125611620 (45) 256-3000 F848) 255.9414 wvnsee ny gov CERTIFIED MAIL RETURN RECEIPT REQUESTED #7016 0910 0001 4485 0057 NOTICE OF VIOLATION July 1, 2019 Joseph Karolys and Rachel Karolys 1446 State Route 212 Saugerties NY, 12477 Re: 1446 State Route 212, Saugerties, NY 90 Goat Hill Road, Saugerties, NY 33/43 Fel Qui Road, Woodstock, NY Dear Mr. and Mrs. Karolys: Based on the May 17, 2019 inspection and laboratory analytical data, the Department has determined that the following company, properties, operators, and owners are in violation of 6 NYCRR Part 360 (Solid Waste Management Facility Regulations) and the Environmental Conservation Law (ECL) Article 27: 1446 State Route 212, Saugerties, NY; 90 Goat Hill Road, Saugerties, NY; 33/43 Fel Qui Road, Saugerties, NY: Joseph Karolys; Rachel Karolys aka Rachel Bach; J. Karolys and Son; J Karolys & Son 33/43 Fel Qui Road: The Department observed solid waste, including construction and demolition (C&D) debris, that had been illegally disposed of in violation of the following: 1. 6 NYCRR Part 360.9(a) - a person(s) must not (i) construct or operate a facility, or any phase of it, except in accordance with a registration or a permit issued by the department. 2, 6 NYCRR Part 360.9(b)(1) ~ person(s) must not allow the management of waste on land under their ownership, custody, or control in violation of this Title (6) or the ECL. 3. 6 NYCRR Part 360.9(b)(2) ~ person(s) must not construct or operate a facility in violation of this Title or the ECL. 4. 6 NYCRR Part 360.9(b)(3) - person(s) must not dispose of waste beyond initial collection except at an exempt disposal site or one authorized by the department. 5. 6 NYCRR Part 360.9(b)(4) - person(s) shall not discard waste, beyond initial collection, except at a facility allowed under this Part and Parts 361, 362, 363, 365, or Subpart 374-2 of this ttle. 6. 6 NYCRR Part 360.9(b)(5) - person(s) shall not accept waste except at a facility exempt or sao pene a et asKarolys NOV Page 2 of 4 dune 27,2019 10. "1 12, 13, 14. authorized by the department to accept waste pursuant to Parts 360, 361, 362, 385, or Subpart 374-2 6 NYCRR Part 360.9(b)(6) ~ persons shall not act as a broker or otherwise arrange for the disposal of waste at a facility unless the facility is exempt from the requirements of Parts 360, 361, 362, 366 of this Title or authorized to operate through a registration or permit issued pursuant to Parts 360, 361, 362, 365. 6 NYCRR Part 360.9(e) ~ a person who operates or who causes or allows the operation of a facility without a requisite permit or registration is also subject to penalties arising out of that Person's failure to submit to the department all reports, plans and other materials relating to the facility's operation and closure identified in Parts 360, 361, 362, 363, 365, 366, or Subpart 374-2 of this Title. 6 NYCRR Part 360.19(b)(1) ~ The owner or operator of a facility must prevent waste from being deposited in or entering surface waters or groundwater. Waste was observed in water. 6 NYCRR Part 360.19(b)(2) - The owner or operator of a facility must operate the facility in ‘a manner that minimizes the generation of leachate and that does not allow any leachate to enter surface waters or groundwaters except under the authority of a State Pollutant Discharge Elimination System (SPDES) permit. This property had no leachate control or SPDES permit. 6 NYCRR Part 363(h) ~ A facility where waste consisting only of recognizable, uncontaminated concrete or concrete products, asphalt pavement, brick, glass, rock and general fl. Waste contained physical contaminants and had an unrecognizable component. 6 NYCRR Part 363(h)(3) — Waste does not include residues from C&D debris handling and recovery facility. Residues were observed. 6 NYCRR Part 363(h)(4) — Waste is placed above the seasonal high groundwater table and no waste is placed in surface water body. Waste was observed in water. 6 NYCRR Part 363(h)(5) — No more than a total of 5,000 cubic yards of waste is received during the lifetime of the facility. More than 5,000 cubic yards of waste was observed Goat Hill: The Department observed solid waste, including C&D debris, that had been illegally disposed of in violation of the following 1 2 6 NYCRR Part 360.9(a) ~ a person(s) must not (i) construct or operated a facility, or any phase of it, except in accordance with a registration or a permit issued by the department. 6 NYCRR Part 360.9(b)(1) ~ person(s) must not allow the management of waste on land under their ownership, custody, or control in violation of this Title (6) or the ECL. 6 NYCRR Part 360.9(b)(2) — person(s) must not construct or operate a facility in violation of this Title or the ECL. 6 NYCRR Part 360.9(b)(3) ~ person(s) must not dispose of waste beyond initial collection except at an exempt disposal site or one authorized by the department. 6 NYCRR Part 360.9(b)(4) — person(s) shall not discard waste, beyond initial collection, except at a facility allowed under this Part and Parts 361, 362, 363, 365, or Subpart 374-2 of this Title. 6 NYCRR Part 360.9(b)(5) — person(s) shall not accept waste except at a facility exempt or authorized by the department to accept waste pursuant to Parts 360, 361, 362, 365, or Subpart 374-2. 6 NYCRR Part 360.9(b)(6) — persons shall not act as a broker or otherwise arrange for the disposal of waste at a facility unless the facility is exempt from the requirements of Parts 360, 361, 362, 365 of this title or authorized to operate through a registration or permitKarolys - Nov Page'3 of ‘dune 27,2019 issued pursuant to Parts 360, 361, 362, 365. 8. 6 NYCRR Part 380.9(e) ~ operating, causes or allows the operation of a facility without a requisite permit or registration is also subject to penalties arising out of that person’s failure to submit to the department all reports, plans and other materials relating to the facility's. operation and closure identified in Parts 360, 361, 362, 363, 365, 366, or Subpart 374-2 of this Title 9. 6 NYCRR Part 360.19(b)(2) ~ The owner or operator of a facility must operate the facility in ‘a manner that minimizes the generation of leachate and that does not allow any leachate to enter surface waters or groundwaters except authority of a State Pollutant Discharge Elimination System (SPDES) permit. This property had no leachate control or SPDES permit. 10. 6 NYCRR Part 363(h) — A facility where waste consisting only of recognizable, uncontaminated concrete or concrete products, asphalt pavement, brick, glass, rock and general fl. Waste contained physical contaminants and had an unrecognizable component. 11. 6 NYCRR Part 363(h)(3) - waste does not include residues from C&D debris handling and recovery facility. Residues were observed 12. 6 NYCRR Part 363(h)(5) ~ no more than a total of 5,000 cubic yards of waste is received during the lifetime of the facility. More than 5,000 cubic yards of waste was observed 1446 State Route 212 (Part 360 registration # 56W05): The facility is authorized by Part 360 registration to receive only recognizable, uncontaminated, rock, concrete, brick, asphalt pavement. 6 NYCRR Part 360-1.14(i)(1) ~ No unauthorized waste records available. 6 NYCRR Part 360-1.14(i)(2) — No self-inspection records available. 6 NYCRR Part 360-1.14(i)(3), 16.4(1)(2) — No daily records were available. 6 NYCRR Part 360-1.14(e) - No control program for unauthorized solid waste. ) 6 NYCRR Part 360-1.14(), - Waste was not confined to the facility 6 NYCRR Part 360-1.14(d) - Site access control was not adequate. 6 NYCRR Part 360-1.14(k) — Dust control was not adequate. 6 NYCRR Part 360-1.14(b)(2) - Leachate was not minimized. 6 NYCRR Part 360-1.14(s) ~ Emergency numbers were not posted 0. 6 NYCRR Part 360.9(a) ~ A person(s) must not (i) construct or operate a facility, or any phase of it, except in accordance with a registration or a permit issued by the department. Facility was receiving and processing unauthorized waste, and onsite storage was greater than authorized under the registration. 11. 6 NYCRR Part 360.9(b)(2) - person(s) must not construct or operate a facility in violation of this Title or the ECL. 12. 6 NYCRR Part 360.9(b)(5) - person(s) shall not accept waste except at a facility exempt or authorized by the department to accept waste pursuant to Parts 360, 361, 362, 365, or Subpart 374-2. This facility is not authorized to accept all waste types observed. 13. 6 NYCRR Part 360.9(e) ~ a person who operates or cause or allow the operation of a facility without a requisite permit or registration is also subject to penalties arising out of that person's failure to submit to the department all reports, plans and other materials relating to the facility's operation and closure identified in Parts 360, 361, 362, 363, 365, 366, or ‘Subpart 374-2 of this Title BOSVOMRONS These violations will be referred to our Office of General Counsel for appropriate enforcement action, which will require removal and proper disposal of the solid waste. Accordingly, no additional solid waste shall be brought to your properties. You are directed to immediately begin removing all