New York City Comptroller William C. Thompson, Jr. has found that three waste management facilities, two in Brooklyn and one in The Bronx, have violated State environmental law. In response, the Comptroller wrote letters on March 6, 2003 to the Department of Sanitation's (DOS) Commissioner John Doherty and to the New York State Department of Environmental Conservation's (DEC) Commissioner Erin M. Crotty. Thompson's letters state that DOS has constructed these compost facilities on mapped parkland before performing the mandatory environmental reviews and obtaining the necessary permits from DEC. As a result, Thompson is asking that appropriate public hearings take place in the future.

"Excluding communities from major decisions that may affect the quality of their parks is a violation of civic trust," Comptroller Thompson said. "City agencies must set the standard for compliance with State and local environmental laws and regulations."

Thompson's letters were written in response to complaints from the Concerned Homeowners Association (CHA) of East New York and the Sustainable South Bronx & Youth Ministries for Peace and Justice (SSB/YMPJ). CHA and SSB/YMPJ claim that DOS built waste management facilities in Brooklyn's Old Mill Creek Park and The Bronx's Soundview Park without completing the required environmental reviews or obtaining permits from DEC. An extensive review by the Comptroller verified the claims.

Additionally, Comptroller Thompson pointed out that DOS constructed and operated a composting facility in Brooklyn's Canarsie Park prior to complying with DEC regulations. That facility was recently closed.

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"Though I am pleased with DOS's decision to close the waste management facility in Canarsie Park, this apparent pattern suggests that DOS actively ignored the state laws and regulations governing the construction and operation of waste management facilities," Comptroller Thompson said in his letter to DOS Commissioner John Doherty.

The Comptroller also stressed his concern about the selection of mapped parkland for the siting and operation of waste management facilities in light of Friends of Van Cortlandt Park V. City of New York, 95 N.Y. 2d. (2001), which reaffirmed "the principle that parkland is impressed with a public trust, requiring legislative approval before it can be alienated or used for an extended period for non-park purposes." On July 31, 2002 DEC sent a letter to DOS asking for validation that the two remaining facilities in Brooklyn and The Bronx did not violate State law regarding the alienation of mapped parkland. The Comptroller found that no legislative approval was ever given for the use of this parkland and that DOS never adequately responded to DEC's letter.

The Comptroller further stated that DOS did not offer adequate compensation to the two communities that lost a combined 32 acres of parkland. DOS's mitigation plans will replace soil and restore native vegetation to New York City's parks but the agency makes no specific commitment to improve the environmental conditions of the communities surrounding the Old Mill Creek and Soundview Parks.

"This vague mitigation strategy inappropriately fails to replace the lost parkland and gives little assurance to its communities that they will see any benefit to their environment," Comptroller Thompson said. "In the future, DOS must be more accountable to the people impacted by their actions."

Comptroller Thompson asked DEC to delay its acceptance of DOS's mitigation plans and permit applications until appropriate public hearings are conducted.

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