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For Release: Wednesday, August 29, 2018

DEC Announces Actions Against Dunn Facility

Consent Order and $100,000 Penalty Issued to SA Dunn & Company LLC for Ongoing Violations of Mining Permit

City of Rensselaer Facility Ordered to Address Dust and Other Mining Violations and Undertake $225,000 Environmental Benefit Project

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced that the state has executed an Order on Consent with SA Dunn & Company, LLC, operator of the Dunn Facility located off Partition Street Extension in the city of Rensselaer, Rensselaer County, for ongoing violations of its state mining permit. The order includes a $100,000 penalty for ongoing violations of the facility's mining permit.

DEC Commissioner Basil Seggos said, "New York's stringent rules and regulations governing mining operations exist to ensure facilities operating in our state adhere to the safest practices and highest standards possible to protect public health and the environment. DEC's aggressive investigation of Dunn exposed operational deficiencies that were adversely impacting the quality of life in the surrounding community. We are taking all necessary measures to ensure this neighborhood is protected to hold this facility accountable."

Beginning in January of 2018, DEC observed persistent dust clouds emanating from the facility where SA Dunn & Company operates a permitted sand mine and landfill. DEC immediately began investigating the facility to determine the nature and extent of the dust, including on-site inspections. DEC's investigation determined that the facility is in violation of special conditions in its permit related to mining activities. DEC is now requiring the immediate implementation of several corrective measures.

Trucks associated with hauling the sand were identified as the source of dust leaving the facility. Trucks hauling sand to the adjacent parcel had been using unauthorized access points along the eastern boundary of the mine along Partition Street Extension. The trucks depositing sand on the adjacent parcel left the facility boundary and therefore exceeded the truck limit in the permit. In addition, DEC discovered that stormwater at one of the unauthorized access points was discharging from the facility's permitted boundary.

Pursuant to terms of the Order on Consent, DEC is requiring Dunn to develop and implement a dust control plan to ensure best management practices are being applied at the facility. DEC is also requiring Dunn to undertake several improvements to achieve significant dust reductions as expeditiously as possible.

DEC will continue to closely monitor operations and air quality conditions at the facility and in surrounding communities and will strictly oversee the implementation of the corrective actions and modifications identified in the dust control plan. The Order includes an $100,000 penalty, with $50,000 suspended penalty if Dunn complies with the Order, as well as a $225,000 Environmental Benefit Project primarily for the benefit of the Rensselaer City School District and the local community.

Failure to comply with the terms of the Consent Order may result in additional fines and revocation of this facility's permits.

The facility is owned by and is operated by S.A. Dunn & Company, LLC. A copy of the Order is available on DEC's website.

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