NYSDEC issued a further Notice of Violation to the Town of Mount Pleasant (Supervisor Carl Fulgenzi) specifically regarding the Clay Bird Lane facility, following a July 16, 2026 inspection.

Violations cited

• 6 NYCRR 360.9(a)(1): Staff found material on site including rock, wood chips, and soil mixed with concrete, brick, asphalt, and slag — with no Department authorization to operate a C&D debris handling and recovery facility. Landfilling of mixed C&D debris was observed behind the mulch piles on a steep slope facing the Taconic State Parkway; a review of historic aerial photography indicates additional mulch processing area was created there over the last 10 years.
• 6 NYCRR 360.9(b)(1): The same unauthorized material handling, cross-referencing the Department’s May 12, 2026 notice to Nicholas Amodio (CL-2026-001), which found the facility operating without authorization on January 9, April 9, and April 17, 2026.

Inspection findings

An attached inspection continuation sheet (photos taken 7/16/2026, inspector Zoraida Maloney) documented:

• Wood chips, rock, and soil mixed with brick, slag, and concrete
• Mulch migrating over the bank
• Asphalt, brick, and concrete visible over the bank
• A pile sampled to have elevated lead levels, tarped off

The notice also references the regulatory definition of “storage” (6 NYCRR 360.2(b)(273)): material retained on site more than 12 months is considered disposed, regardless of its original classification.

Issued by

Douglas Upright, P.E., Regional Materials Management Engineer, Division of Materials Management, Region 3.