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Town Board authorizes attorney and DEC outreach after D.E.C. orders shale pit reclamation
Summary
After receiving a cease-and-desist from the D.E.C. requiring reclamation at a local shale pit, the Town of Seward Board unanimously authorized counsel and agreed to contact D.E.C. to explore permit renewal and options to transfer the site while protecting the town.
The Town of Seward Town Board unanimously authorized the town attorney to explore options to “unload” a local shale pit while seeking to hold the town harmless, and agreed simultaneously to contact the New York State Department of Environmental Conservation about possible renewal of the site's permit. The measures followed a letter from D.E.C. ordering a cease-and-desist and requiring reclamation activity at the pit.
Highway Superintendent Tony Kulesza told the board he had received the D.E.C. letter and requested permission to pursue discussions with the agency about renewing the permit. Councilman William Harlow moved the authorization, Councilwoman MaryAnn Nelson seconded, and the motion carried with all three board members present voting yes. The board specified it would proceed immediately upon the advice of the town attorney.
Board members framed the action as an effort to limit municipal liability while clarifying the regulatory requirements for reclamation. No timeline or specific contractor was identified; the board directed staff to report back after the attorney and D.E.C. contacts. The item will remain on the town's issue-tracking list for follow-up.
