For Release: Friday, August 7, 2009
Discharge into Ausable River Results in Guilty Plea, Fines
Indian Pass Ranch, LLC has plead guilty to two Environmental Conservation Law misdemeanors stemming from a September 2007 discharge of sediment from a dam into a tributary of the West Branch of the Ausable River, New York State Department of Environmental Conservation (DEC) Region 5 Director Betsy Lowe announced today.
"Uncontrolled sediment discharges can damage aquatic habitat by silting over stream bottoms requiring enforcement action by DEC," stated Betsy Lowe. "We need to be vigilant in the protection of the waters of Adirondacks and the rest of the State."
Indian Pass Ranch, located on the Adirondack Loj Road in North Elba, Essex County, operates a dam on North Meadow Brook. In September 2007, the Ranch discharged sediment from behind the dam into the brook. The sediments were carried downstream and entered the West Branch of the Ausable River.
DEC's Bureau of Environmental Crimes Investigation and DEC fisheries and water staff launched an investigation which eventually resulted in Indian Pass Ranch pleading guilty in North Elba Town Court to unlawfully disturbing the beds of the streams without a DEC permit and unlawfully repairing a dam without a DEC permit.
On May 4, 2009, Indian Pass Ranch and Joseph Barile had entered into an "Order on Consent" in resolution of DEC's administrative action for the same two violations and, additionally, for discharging matter into waters causing or contributing to a contravention of the water quality standards.
Under the plea settlement and the consent order, Indian Pass Ranch and Joe Barile paid a total of $62,250 in fines and penalties. Of that, $22,500 was provided to the Au Sable River Association to be used for the conservation and maintenance of the river. In addition, Indian Pass Ranch must complete repairs, in accordance with the conditions of a permit authorizing the repairs, to bring the dam into compliance with all dam safety regulations.
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