Patriot Recycling has removed about 4,400 cubic yards of materials so far from the Calverton farmland where the Oceanside company began stockpiling the materials over a year ago.
The company has removed the materials from the Youngs Avenue site pursuant to its Sept. 19 agreement with the Town of Riverhead.
Town Attorney Erik Howard said Tuesday that about one-third of the total amount was still on site and the removal work was continuing.
Patriot began trucking the material off-site on Sept. 22 and, under the terms of the agreement with the town, had 14 days to remove all of the stockpiled materials, with additional time allowed in case of inclement weather.
At first, Patriot was bringing the materials to a N.Y. State DEC-permitted facility in Cutchogue. But Southold Town Supervisor Al Krupski was concerned about the composition of the materials and asked the county health department to test the materials before they are brought to any location in Southold.
The company is now trucking the materials back to its Oceanside facility from which they originated.
The county health department took samples from the stockpiles on Sept. 30 for analysis, Howard said. The agency said the lab analysis of the samples would take 6 to 8 weeks, Howard said, adding he is hopeful the results will be available sooner than that.
The Riverhead Town Code allows a limited amount of mulch to be stockpiled on land that is in active agricultural use. Up to 3,000 cubic yards can be stored on a farm for use on the farm without a permit from the town. With a Town Board permit, the limit increases to 10,000 cubic yards. But without active agricultural use, no amount of mulch materials may be stored on a farm.
DeFigueroa is a principal in both Patriot Recycling and the limited liability company that holds title to the Youngs Avenue farmland. The LLC purchased the 45-acre former tree farm in 2023 and Patriot began dumping grass clippings and other yard waste soon thereafter. Complaints from area residents ensued.
Last August, the town issued a stop-work order citing the dumping of garbage and other solid waste. DeFigueroa subsequently applied for and received a use permit in April, which canceled the August 2024 stop-work order. However, continued dumping without active farming led to further complaints from neighbors about odors and truck traffic, and the town issued another stop-work order on June 24, prohibiting additional material deliveries.
On July 30 town officials and representatives of the Suffolk County health department and the N.Y. State DEC inspected the site. The town issued 11 appearance tickets to Youngs Ave LLC for Town Code violations, including for violating a stop-work order, planning and zoning ordinances, a local law governing imported material, and property maintenance and littering statutes. The tickets are still pending in Riverhead Justice Court.
Separate from the Riverhead Town Code requirements for stockpiling mulch on farmland in agricultural use, the State DEC regulates composting and mulching operations. A property owner can stockpile up to 3,000 yards in a 12-month period without a facility registration or permit from the DEC — subject to local zoning requirements. A property owner needs a facility registration to have from 3,000 cubic yards to 10,000 cubic yards on site. Stockpiling over 10,000 cubic yards requires a facility permit.
DEC staff during the July 30 site inspection estimated the total volume of yard trimmings on site, excluding bulking materials, to be about 3,000 cubic yards. A copy of the report was provided to RiverheadLOCAL by the DEC.
The DEC does not plan further action against the property owner at this time, an agency spokesperson said in a statement.
The DEC adopted revised rules in 2021 to impose stricter safeguards for non-exempt composting sites to protect surface and groundwater. The rules change followed studies, including one done by the Suffolk County health department, demonstrating that vegetative organic waste composting facilities can have negative impacts on groundwater. The new rules include possible requirements for groundwater monitoring wells, especially for facilities located in designated protection areas.
The Youngs Avenue site is within Hydrogeologic Zone III, a Special Groundwater Protection Area that recharges the deepest drinking water aquifer. The property is in the Agricultural Protection Zone. Riverhead Town purchased the development rights to the property in 1998, preserving it for agricultural use.
“Youngs Avenue LLC commends the Town of Riverhead for its commitment to preserving the integrity of agricultural land within the Town,” the company’s attorney, Steven Losquadro told RiverheadLOCAL last month.
“Although all material brought to the farm was certified organic by the New York State Department of Environmental Conservation (DEC), Youngs Avenue LLC now knows that Town organic material standards are stricter, and is pleased to comply with them. Youngs Avenue LLC looks forward to having successful farming operations on the site in the years to come,” Losquadro said.
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