DEC finds more improper ash mixing at Hempstead burn plant as lawsuit continues
![The trash-to-energy plant in Hempstead, which generates electricity from municipal...](/_next/image?url=https%3A%2F%2Fcdn.newsday.com%2Fimage-service%2Fversion%2Fc%3AOTJmNTExYzUtZDc2OC00%3AYTUzZmVkYjEtNDViYS00%2Fpocovanta250128_photos.jpg%3Ff%3DLandscape%2B16%253A9%26w%3D770%26q%3D1&w=1920&q=80)
The trash-to-energy plant in Hempstead, which generates electricity from municipal waste it burns. The plan was formerly owned by Covanta but has since been acquired by ReWorld, Credit: Todd Maisel
The state Department of Environmental Conservation has identified further instances of improper waste handling practices at a trash-to-energy plant in Hempstead, finding more trucks rolled with an improper mix of ash on their way to Brookhaven’s landfill than previously reported.
The report comes as a judge in Mineola is reviewing a 2017 whistleblower case by a former employee that alleged years of improper waste handling practices at the Covanta Hempstead plant. The former employee sued on behalf of New York State, three Long Island municipalities and LIPA.
LIPA, Garden City and Hempstead Town were dismissed as plaintiffs in the case, but the Town of Brookhaven remains, along with the former employee, Patrick Fahey, who alleges retaliation.
As Fahey's case moves forward, Judge Lisa A. Cairo, in State Supreme Court in Mineola, is reviewing a proposed $1 million settlement payment to Brookhaven Town by plant owner Reworld that would remove the town as a plaintiff from the case, a move some local residents oppose.
The plant, formerly owned by Covanta but since acquired by Reworld, takes in more than 2,600 tons of primarily residential trash a day and after incineration produces up to 650 tons of ash.
The plant operates under strict rules for mixing and transporting incinerated ash to prevent its unintended dispersal, with lighter "fly ash," which contains toxic metals such as lead and cadmium, mixed at an approximately 70-30 ratio to heavier and less toxic bottom ash.
In an amended report filed Friday, the DEC looked at logs for 15,128 trucks loaded with the ash between 2006 and 2013, and found 601 were out of compliance by 5%. That compares with the DEC's initial review of 11,322 trucks for which it found 583 trucks out of compliance.
The DEC review found 346 truckloads were 5% to 10% outside the proper ratio, and 255 truckloads more than 10% outside. The company changed its practices in 2014.
Michael Ross, an attorney for Reworld, argued in a Jan. 24 letter to the judge that the amended DEC report weighs in the company’s favor, noting that its overall compliance rate during the years in question increased to 96% from 95%.
The residents of the Brookhaven Landfill Action and Remediation Group say the latest results only provide more reason not to allow Brookhaven's $1 million settlement.
The latest DEC report "underscores that the proposed settlement is not fair, reasonable or adequate," said Hillary Aidun, an attorney for EarthJustice, representing residents in the Brookhaven Landfill Action and Remediation Group. "Brookhaven should not release Covanta from liability for a small amount of money especially given the need for remediation and the fact that there are a number of pending lawsuits against Brookhaven resulting from the landfill."
David Kovel, a lawyer for Fahey, said in an interview Monday the DEC report fails to take into account more than four years of logs that he maintains are missing from the plant’s records. "It means they could have had multiple more violations than they [reported], even under the DEC’s criteria," Kovel said. "It’s not a good thing."
Kovel’s team has asked the court for an "adverse inference" for the years of missing records, essentially assuming violations for the years they were not provided or missing.
The DEC report found Covanta/Reworld "changed its ash-loading instructions to crane operators at least nine times between 2006 and 2014," and crane operators' loading of trucks "resulted in some truckloads containing more fly ash than approved," each a violation of the DEC agreement and the plant’s operating permit.
Reworld said in court filings it is working with the DEC on a settlement of the violations, which it said could come soon.
The DEC in an emailed statement said it and Reworld are finalizing an order that will "hold Reworld accountable for multiple environmental violations at its Hempstead facility during operations from 2007 to 2013. The violations have been corrected and DEC will continue to keep the community informed as the enforcement action is addressed."
Reworld in a statement said the settlement it reached with Brookhaven Town "reflects a fair and thoughtful process, enabling Brookhaven, [which] has carefully reviewed this case, to move forward with confidence."
Newsday first reported on allegations about the plant in 2019, and further revelations in 2021 as the company was about to be sold led Gov. Kathy Hochul to order a review of the plant's operations. Newsday in 2023 conducted an investigation of plant practices and Brookhaven Town's decision to side with the plant operator in the lawsuit for which it was enlisted as plaintiff.
Newsday in 2024 reported that Reworld faced upward of $4 million in penalties as a result of the findings.
It’s unclear when Cairo will make a final ruling on Brookhaven’s settlement but it's expected soon. In addition, the court still must decide the matter of Fahey’s claim for retaliation following his dismissal from the company. "We don’t believe there’s any merit to his claim that he was fired for ‘blowing the whistle,’ " an attorney for the company said Monday.
The state Department of Environmental Conservation has identified further instances of improper waste handling practices at a trash-to-energy plant in Hempstead, finding more trucks rolled with an improper mix of ash on their way to Brookhaven’s landfill than previously reported.
The report comes as a judge in Mineola is reviewing a 2017 whistleblower case by a former employee that alleged years of improper waste handling practices at the Covanta Hempstead plant. The former employee sued on behalf of New York State, three Long Island municipalities and LIPA.
LIPA, Garden City and Hempstead Town were dismissed as plaintiffs in the case, but the Town of Brookhaven remains, along with the former employee, Patrick Fahey, who alleges retaliation.
As Fahey's case moves forward, Judge Lisa A. Cairo, in State Supreme Court in Mineola, is reviewing a proposed $1 million settlement payment to Brookhaven Town by plant owner Reworld that would remove the town as a plaintiff from the case, a move some local residents oppose.
The plant, formerly owned by Covanta but since acquired by Reworld, takes in more than 2,600 tons of primarily residential trash a day and after incineration produces up to 650 tons of ash.
The plant operates under strict rules for mixing and transporting incinerated ash to prevent its unintended dispersal, with lighter "fly ash," which contains toxic metals such as lead and cadmium, mixed at an approximately 70-30 ratio to heavier and less toxic bottom ash.
In an amended report filed Friday, the DEC looked at logs for 15,128 trucks loaded with the ash between 2006 and 2013, and found 601 were out of compliance by 5%. That compares with the DEC's initial review of 11,322 trucks for which it found 583 trucks out of compliance.
The DEC review found 346 truckloads were 5% to 10% outside the proper ratio, and 255 truckloads more than 10% outside. The company changed its practices in 2014.
Michael Ross, an attorney for Reworld, argued in a Jan. 24 letter to the judge that the amended DEC report weighs in the company’s favor, noting that its overall compliance rate during the years in question increased to 96% from 95%.
The residents of the Brookhaven Landfill Action and Remediation Group say the latest results only provide more reason not to allow Brookhaven's $1 million settlement.
The latest DEC report "underscores that the proposed settlement is not fair, reasonable or adequate," said Hillary Aidun, an attorney for EarthJustice, representing residents in the Brookhaven Landfill Action and Remediation Group. "Brookhaven should not release Covanta from liability for a small amount of money especially given the need for remediation and the fact that there are a number of pending lawsuits against Brookhaven resulting from the landfill."
David Kovel, a lawyer for Fahey, said in an interview Monday the DEC report fails to take into account more than four years of logs that he maintains are missing from the plant’s records. "It means they could have had multiple more violations than they [reported], even under the DEC’s criteria," Kovel said. "It’s not a good thing."
Kovel’s team has asked the court for an "adverse inference" for the years of missing records, essentially assuming violations for the years they were not provided or missing.
The DEC report found Covanta/Reworld "changed its ash-loading instructions to crane operators at least nine times between 2006 and 2014," and crane operators' loading of trucks "resulted in some truckloads containing more fly ash than approved," each a violation of the DEC agreement and the plant’s operating permit.
Reworld said in court filings it is working with the DEC on a settlement of the violations, which it said could come soon.
The DEC in an emailed statement said it and Reworld are finalizing an order that will "hold Reworld accountable for multiple environmental violations at its Hempstead facility during operations from 2007 to 2013. The violations have been corrected and DEC will continue to keep the community informed as the enforcement action is addressed."
Reworld in a statement said the settlement it reached with Brookhaven Town "reflects a fair and thoughtful process, enabling Brookhaven, [which] has carefully reviewed this case, to move forward with confidence."
Newsday first reported on allegations about the plant in 2019, and further revelations in 2021 as the company was about to be sold led Gov. Kathy Hochul to order a review of the plant's operations. Newsday in 2023 conducted an investigation of plant practices and Brookhaven Town's decision to side with the plant operator in the lawsuit for which it was enlisted as plaintiff.
Newsday in 2024 reported that Reworld faced upward of $4 million in penalties as a result of the findings.
It’s unclear when Cairo will make a final ruling on Brookhaven’s settlement but it's expected soon. In addition, the court still must decide the matter of Fahey’s claim for retaliation following his dismissal from the company. "We don’t believe there’s any merit to his claim that he was fired for ‘blowing the whistle,’ " an attorney for the company said Monday.
WHAT NEWSDAY FOUND
- The state Department of Environmental Conservation has identified further instances of improper waste handling practices at a trash-to-energy plant in Hempstead, finding more trucks rolled with an improper mix of ash on their way to Brookhaven’s landfill than previously reported.
- The report comes as a judge in Mineola is reviewing a 2017 whistleblower case by a former employee that alleged years of improper waste handling practices at the Covanta Hempstead plant. The former employee sued on behalf of New York State, three Long Island municipalities and LIPA.
- As the case moves forward, a State Supreme Court judge in Mineola is reviewing a proposed $1 million settlement payment to Brookhaven Town by plant owner ReWorld that would remove the town as a plaintiff from the case.
Most Popular
![](/_next/image?url=https%3A%2F%2Fcdn.newsday.com%2Fimage-service%2Fversion%2Fc%3AYjA4OGIyYmItNDgzMC00%3AN2Q3MDA1NTMtODA0MS00%2Fligotti241002_photos.jpg%3Ff%3DPreview%2B4%253A3%26w%3D125%26q%3D1&w=1920&q=80)
![](/_next/image?url=https%3A%2F%2Fcdn.newsday.com%2Fimage-service%2Fversion%2Fc%3ANDhjMDY4MDgtNDVjYy00%3AZTVkYjk5YjktZmIyZS00%2Flishoot250216_photos.jpg%3Ff%3DPreview%2B4%253A3%26w%3D125%26q%3D1&w=1920&q=80)
![](/_next/image?url=https%3A%2F%2Fcdn.newsday.com%2Fimage-service%2Fversion%2Fc%3AOTMzYTIxOGItYzUyNC00%3ANjY3MGQxNmItODE0MC00%2Fhodaily250216.jpg%3Ff%3DPreview%2B4%253A3%26w%3D125%26q%3D1&w=1920&q=80)
![](/_next/image?url=https%3A%2F%2Fcdn.newsday.com%2Fimage-service%2Fversion%2Fc%3ANjgwMjBhMzktYTIwZS00%3AMWZjM2ZiNTAtZTFkMS00%2Ffdsunflower240220_photos.jpg%3Ff%3DPreview%2B4%253A3%26w%3D125%26q%3D1&w=1920&q=80)