DEC to Brookhaven: Rewrite report discounting landfill's role as toxic plume source
A view looking south of the Brookhaven landfill in August 2023. Credit: Newsday/Steve Pfost
A state environmental official ordered Brookhaven Town to rewrite a draft report suggesting the town landfill may not be the source of plumes containing higher-than-normal levels of highly toxic "forever" chemicals.
State Department of Environmental Conservation geologist Francesca King, in a Feb. 13 letter to town officials, disagreed with the conclusion of a Brookhaven consultant who said contaminated plumes could have been caused by other current or former industrial and agricultural properties located near the landfill in Brookhaven hamlet.
The consultant, Woodbury-based D&B Engineers and Architects, said in the 161-page report released in December that the town's state-mandated investigation was finished and "no further work is required to be performed in this regard."
King said the agency "does not support this conclusion," citing numerous examples of what she said was missing or incomplete information. She ordered a revised report by March 15.
The exchange comes as Brookhaven officials say they plan to close the 50-year-old landfill by 2028, when it is expected to run out of capacity. The landfill stopped taking debris from construction sites in December and now accepts only incinerated trash and automobile parts, known as "fluff."
The DEC in August 2023 ordered the town to investigate landfill-generated plumes after groundwater testing found a class of toxic chemicals known as per- and polyfluoroalkyl substances, or PFAS, along with 1,4-dioxane, that exceeded state standards.
PFAS and 1,4-dioxane, used in solvents, nonstick cookware, clothing, cosmetics and other household products, are known as "forever" chemicals because they break down slowly and build up over time in humans and animals. They have been linked to a range of health issues including cancer. They also are known as emerging contaminants because they are not well understood by scientists.
Brookhaven officials have said there is little threat to drinking water because almost all residents in the area are on public water systems.
The Brookhaven report said investigators found "no discernible [chemical] plume emanating from the landfill." The report said at least eight other potential sources of PFAS are located "on all sides of the landfill" and noted widespread PFAS usage predates the landfill by at least three decades.
The 15-page DEC letter dismissed Brookhaven's contentions, saying the town report's "intended objective" had been to study contamination linked to the landfill.
The DEC letter was released weeks after Earthjustice, a nonprofit environmental law firm hired by anti-landfill activists, pressed the agency to seek more answers from Brookhaven.
“The reason that DEC required Brookhaven to do this analysis in the first place is that the town owns the landfill, and PFAS is coming from the landfill," Hillary Aidun, an Earthjustice attorney, said in a telephone interview. Earthjustice's client, the Brookhaven Landfill Action and Remediation Group, or BLARG, wants the landfill closed immediately.
In an interview, Brookhaven Supervisor Dan Panico said it is "unquestionably true" that PFAS could have come from properties north and northwest of the landfill.
“I would say that we were disappointed with their categorization of our filing that came at considerable expense and considerable time,” he said.
In an email, DEC spokesperson Aphrodite Montalvo said the agency "will continue to work with the town of Brookhaven to ensure a detailed and scientifically rigorous study moves forward, ensuring the protection of public and environmental health is prioritized."
Judith Enck, a former Environmental Protection Agency regional administrator and president of Beyond Plastics, a Vermont environmental think tank, said the DEC "is doing the right thing here." She said PFAS likely is contained in ash buried at the landfill.
“We know that even when you burn at high temperatures, if there is PFAS in any of the material that is burned, it’s not entirely destroyed,” she said.
Brookhaven officials are seeking an extension of the town's DEC landfill operating permit, which expires next year, Panico has said.
Monique Fitzgerald, a Bellport landfill opponent who lives about four miles from the dump, said the town should adopt a "zero waste" policy that places more emphasis on recycling and reusing trash.
“It’s troubling that they continue to go down this path where they continue to deny responsibility for anything at the Brookhaven landfill,” Fitzgerald, a BLARG member and community organizer for the Long Island Progressive Coalition, said in a phone interview. “The town needs to come up with a zero waste closure plan. They are not doing that.”
A state environmental official ordered Brookhaven Town to rewrite a draft report suggesting the town landfill may not be the source of plumes containing higher-than-normal levels of highly toxic "forever" chemicals.
State Department of Environmental Conservation geologist Francesca King, in a Feb. 13 letter to town officials, disagreed with the conclusion of a Brookhaven consultant who said contaminated plumes could have been caused by other current or former industrial and agricultural properties located near the landfill in Brookhaven hamlet.
The consultant, Woodbury-based D&B Engineers and Architects, said in the 161-page report released in December that the town's state-mandated investigation was finished and "no further work is required to be performed in this regard."
King said the agency "does not support this conclusion," citing numerous examples of what she said was missing or incomplete information. She ordered a revised report by March 15.
The exchange comes as Brookhaven officials say they plan to close the 50-year-old landfill by 2028, when it is expected to run out of capacity. The landfill stopped taking debris from construction sites in December and now accepts only incinerated trash and automobile parts, known as "fluff."
At odds over PFAS source
The DEC in August 2023 ordered the town to investigate landfill-generated plumes after groundwater testing found a class of toxic chemicals known as per- and polyfluoroalkyl substances, or PFAS, along with 1,4-dioxane, that exceeded state standards.
PFAS and 1,4-dioxane, used in solvents, nonstick cookware, clothing, cosmetics and other household products, are known as "forever" chemicals because they break down slowly and build up over time in humans and animals. They have been linked to a range of health issues including cancer. They also are known as emerging contaminants because they are not well understood by scientists.
Brookhaven officials have said there is little threat to drinking water because almost all residents in the area are on public water systems.
The Brookhaven report said investigators found "no discernible [chemical] plume emanating from the landfill." The report said at least eight other potential sources of PFAS are located "on all sides of the landfill" and noted widespread PFAS usage predates the landfill by at least three decades.
The 15-page DEC letter dismissed Brookhaven's contentions, saying the town report's "intended objective" had been to study contamination linked to the landfill.
The DEC letter was released weeks after Earthjustice, a nonprofit environmental law firm hired by anti-landfill activists, pressed the agency to seek more answers from Brookhaven.
“The reason that DEC required Brookhaven to do this analysis in the first place is that the town owns the landfill, and PFAS is coming from the landfill," Hillary Aidun, an Earthjustice attorney, said in a telephone interview. Earthjustice's client, the Brookhaven Landfill Action and Remediation Group, or BLARG, wants the landfill closed immediately.
In an interview, Brookhaven Supervisor Dan Panico said it is "unquestionably true" that PFAS could have come from properties north and northwest of the landfill.
“I would say that we were disappointed with their categorization of our filing that came at considerable expense and considerable time,” he said.
Landfill opponent Monique Fitzgerald said the town should adopt a "zero waste" policy more reliant on recycling and reuse. Credit: Tom Lambui
DEC vows to work with town
In an email, DEC spokesperson Aphrodite Montalvo said the agency "will continue to work with the town of Brookhaven to ensure a detailed and scientifically rigorous study moves forward, ensuring the protection of public and environmental health is prioritized."
Judith Enck, a former Environmental Protection Agency regional administrator and president of Beyond Plastics, a Vermont environmental think tank, said the DEC "is doing the right thing here." She said PFAS likely is contained in ash buried at the landfill.
“We know that even when you burn at high temperatures, if there is PFAS in any of the material that is burned, it’s not entirely destroyed,” she said.
Brookhaven officials are seeking an extension of the town's DEC landfill operating permit, which expires next year, Panico has said.
Monique Fitzgerald, a Bellport landfill opponent who lives about four miles from the dump, said the town should adopt a "zero waste" policy that places more emphasis on recycling and reusing trash.
“It’s troubling that they continue to go down this path where they continue to deny responsibility for anything at the Brookhaven landfill,” Fitzgerald, a BLARG member and community organizer for the Long Island Progressive Coalition, said in a phone interview. “The town needs to come up with a zero waste closure plan. They are not doing that.”
Report and the response
Excerpts from a report prepared by a Brookhaven Town consultant on contaminated plumes near the town landfill, and response letter from state Department of Environmental Conservation geologist Francesca King.
Brookhaven: "This report completes the Town of Brookhaven’s responsibility to investigate the Town of Brookhaven Landfill for an [emerging contaminants] plume. ... While [toxic chemicals] are present in leachate samples recovered from the landfill, and while a known leachate plume is discernible ... there is no discernible [chemical] plume emanating from the landfill."
DEC: "At this time, DEC does not support this conclusion. ... The report does not accomplish the intended objective ... which is to characterize the nature and extent of the release from the Brookhaven Landfill."
SOURCES: Brookhaven Town, state Department of Environmental Conservation
Carl MacGowan is a Long Island native who covers Brookhaven Town after having previously covered Smithtown, Suffolk County courts and numerous spot news and feature stories over his 20-plus year career at Newsday.
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