Waste Dumped on Jay Heritage Property Contains High Levels of Hazardous Chemicals, Report Says

Waste dumped on the Jay Heritage Center property in January by county workers contains levels of several hazardous chemicals that exceed state environmental standards, according to a report by an engineering group hired by the center. 

FPM Engineering Group, based in Ronkonkoma, N.Y., performed lab tests on soil samples from the area where the county placed waste in January. FPM performed the tests at the request of Jay Heritage Center (JHC) President Suzanne Clary on Feb. 2.

County workers dumped fill on the Jay property in January and left tire ruts on the property that were two feet deep, according to Clary. They also filled the property's unused pool with debris. Clary said the materials were dumped in part of a bird preserve and in areas that could possibly have archaeological significance.

The incident was another footnote in a complicated history between the JHC and the county. The 23-acre property, the childhood home of John Jay--a prominent 18th century American politician and one of the country's founding fathers--is a national historic landmark. The county and state own 23.5 acres of the property, while the center owns the remaining 1.5 acres. The county is responsible for maintaining the property on the state's behalf.

According to the report, FPM collected samples from two areas of fill where the county dumped materials. Each sample was contained and shipped to a New York State Department of Health-approved laboratory for analysis. 

The samples included materials such as acetone--a common laboratory contaminant--arsenic, chromium, lead and pesticides such as DDT. All the chemicals were found to be at levels that exceed standards set by the New York State Department of Environmental Conservation. 

The report concluded that the materials should not be in areas that are intended for unrestricted use, meaning sites which have no use restrictions and "are formulated to be protective of human health, groundwater and ecological resources," the report said.

FPM determined that the "materials should be properly removed and disposed of if the areas are to be used for their intended purpose." 

Clary said the center hired FPM to test the area after the county said the waste deposited in the area was safe, even though they had not tested the substances, Clary said. Since the property is a designated national historic landmark, it must abide by rules set forth by the U.S. Department of the Interior. Archaeology is required before any construction or other work can be done on the site.

"Essentially it's illegal for it to be there. They are in violation of these different standards," she said. "You can't bring a pile of DTD to an environmentally- sensitive site."

In a January email exchange with Joseph Stout, commissioner of Westchester County Parks, Clary asked if the materials were certified hazmat-free. 

Stout responded by saying that the county was certain the materials did not pose any danger.

"Regarding the fill itself, it is from soil whose origins are at Playland. The fill is also used for projects at Playland and Edith Read Sanctuary," Stout said in an email. "We are confident that the fill is safe and if it contains a certain amount of debris, we will investigate and remove any debris if needed."

According to the report, lead levels for soil samples taken from the materials that came from Playland exceeded levels set by NYSDEC. These levels were 372 milligrams per kilogram, while the standard is 63. Arsenic levels for Playland will also high according to the report. These levels were 32.3 milligrams per kilogram, while the standard is 13.

Stout also disputed Clary's contention that county trucks possibly compromised an area of archaeological importance. He said the area where county trucks left two feet ruts was of "no significant historical value" because the center recommended the area for complete clearing and grubbing in a capital project.

"That capital project for clearing and grubbing was subject to an environmental review which found no environmental impact," Stout said.

Clary said she has sent both email and hard copies of the lab test results to county officials, including George Oros, Chief of Staff for County Executive Rob Astorino.

Both Stout and Oros were unavailable for comment, but Peter Tartaglia, a spokesperson for Westchester County Parks, said the county would not comment on the matter until it independently reviewed the lab results. Rye Patch offered to provide Tartaglia with a copy of the lab report, but he declined, saying that the county would obtain the report "through the proper channels."

"We have not had a chance to see the results or evaluate them. Once we do that then we will make a statement," Tartaglia said.

Clary said the materials are hazardous if they are ingested by birds or children who use the park area surrounding the property. She said the county should properly fence off the area containing the waste.

If the county does not do anything about the fill, Clary said the JHC would have to go to the Westchester Conservation Society and appeal to the Audobon Society and New York State to resolve the issue.

"We will talk to as many different authorities as we can, but I believe the new county administration will be attentive to this," Clary said.

Clary said the county should be more respectful of the Jay property because it is a historic site.

"This is a treasure for Westchester. This is a founding father's home and the level of disrespect with which it has been treating is just appalling," she said.