DEC investigation ends with Spa City agreeing to pay $270,000 in environmental violations

During an executive session at Tuesday's meeting, members unanimously voted to accept a settlement from the DEC that will result in the city paying $185,000 to develop environmental benefits projects in the city and pay a $50,000 civil penalty and $35,000 in administrative costs.

During Mayor Scott Johnson's announcement he said the city was faced with "overwhelming" evidence from DEC officials in regard to the two violations. He added that after an assessment of the matter and recognition that some issue had occurred at both sites, it was in the opinion of the council to enter into the proposed settlement. Had the city not accepted the DEC's settlement and entered into litigation, it could have faced a multi-million dollar penalty under the DEC's statutes and regulations, Johnson said.

"This is a chapter that is better left behind us as a city," Johnson said. "Much tension has been focused on it over the last year and a half and at this time I ask the city to accept the settlement as a good settlement and business move on behalf of the city."

Commissioner of Public Works Skip Scirocco said he was pleased with the outcome and that he looks forward to initiating the specialized training of the city's employees, including continuing to upgrade the department.

"My goal from day one was to work with the DEC to achieve a favorable settlement and I think we did that here in a way that it will avoid costly litigation," Scirocco said. "I think the whole thing is a win- win for the city and I am glad that it is behind us."

Although it is not yet known what type of training DPW workers will be subject to complete, Scirocco said it could go toward training workers how to avoid future violations. It is also yet to be determined what environmental benefit projects that are intended to "improve, restore, protect, and/or reduce risks to public health and/or the environment" will be implemented.

"Education is the key to avoid any future problems," Scirocco said in a press release made available after the announcement.

The council voted to approve the consent agreement 4-0, with only Commissioner of Public Safety Ron Kim abstaining from the vote. In defending his decision not to vote, Kim cited a lack of time to read the "complicated" document, but also stated that he did not have any complaints over the settlement.

"I felt that if I am going to vote to spend money that is not budgeted in our budget it was important that I at least had the opportunity to read the document," Kim said.

He added that fines resulting from the settlement had not previously been budgeted by the city and they would have to find them somewhere else.

The investigation stemmed from an alleged 55-gallon hydraulic oil spill at the DPW garage in February of 2007 and the dumping of raw sewage behind the compost facility on Weibel Avenue in November of 2007. Former Commissioner of Public Works Thomas McTygue headed the DPW at the time of the two incidents.