NARROWSBURG, NY — After learning last month that no one and no level of government is taking responsibility to remedy reported overflows of landfill leachate tanks, which have been unmaintained for several years, the Upper Delaware Council (UDC) initiated several responses at its August 2 meeting.

The origins of the problem dates back to 1992, when, under the terms of a New York Department of Environmental Conservation consent order, Westchester County landfill operator Robert Liguori did an engineered closure of the Barnes Landfill and established an escrow fund for its maintenance. But maintenance stopped with the expiration of the escrow fund some eight years ago. In part, that meant that leachate, collected in tanks, was no longer pumped out and disposed.

Recently, several UDC members recounted reports of uncontrolled overflows from these tanks flowing downgrade toward Beaver Brook and the Delaware River and nearby Minisink Ford campgrounds.

Last month, the council learned the latest DEC sampling of leachate found nine toxics, six metals and three chemical compounds. They also learned that since Liguori and the last known property owner, Emmett Barnes, are both deceased, DEC has no one to cite for remediation. The property is in limbo, since ownership lapsed for non-payment of taxes and the county has not claimed it.

Last week, the panel discussed a proposed meeting of county, DEC and Town of Highland officials to discuss the problem. The council asked Town of Lumberland delegate Nadia Rajsz, who also serves as a county legislator, to inform UDC when the meeting would take place so UDC resource specialist Pete Golod might attend.

The council directed Golod to consult with National Park Service Upper Delaware Chief of Resource Management Don Hamilton to provide related landfill questions to be directed to the New York State Attorney General and Department of Health. With the expiration of the escrow fund and the tax lapse, the state attorney general’s office several years ago investigated and subsequently dropped the DEC’s case.

Delaware River Basin Commission UDC delegate Dr. Ken Jajjar said DRBC has exchanged correspondence with DEC about the landfill, and he was asked provide copies for UDC’s inquiry.

Golod was also tasked to send a letter to the New York State Environmental Facilities Corporation, which administers the $275 million grant program in Gov. Andrew Cuomo’s Clean Water Infrastructure Act, to find out if a Barnes Landfill clean-up would qualify for funding.

In a separate measure, the UDC also approved a new request to Gov. Cuomo seeking the share of its annual budget that New York in 1988 committed to contribute, supposedly 20% of UDC’s total budget, a commitment never honored. (PA has also never contributed its share, another 20%.) The three-page letter included a pertinent, recently published quote by DEC Commissioner Basil Beggos referencing the Delaware:

“Commissioner Beggos was recently quoted in a June 29 article of New York Outdoor News as saying, ‘The Upper Delaware River is a special place and a highly regarded fishery in New York. Through Gov. Andrew Cuomo’s support and leadership, New York State is committed to protecting the Delaware River as a treasured natural resource, wildlife habitat and a vital clean water supply that the region can benefit from now and for our future generations to enjoy.’”