STATE OF NEW YORK DEPARTMENT OF HEALTH IN THE

Transcription

DEP ARTMENT OF HEALTH
STATE OF NEW YORK
IN THE MATTER
OF
CONGREGA TION BAIS TRANA and
MALKA NEUSTADT,
ORDER FOR
SUMMARY
ACTION
as operators of
CONGREGATION BAIS TRANA CHILDREN'S CAMP
To:
Congregation Bais Trana
124 Clinton Lane
New Square, NY 10977
MaIka Neustadt
124 Clinton Lane
PLEASE TAKE NOTICE:
That, after investigation, the Commissioner of Health of the State of New York is of the
opinion that Congregation Bais Trana, 24 Clinton Lane, New Square, NY 10977, and MaIka
Neustadt, 24 Clinton Lane, New Square, NY 10977 ('the Respondents"), the operators of
Congregation Bais Trana Children's Camp, 359 Phillipsport Road, Spring Glen, New York,
("the Facility") are engaging in or maintaining conditions or activities which constitute a danger
to the health of the people, as is set forth more particularly herein:
1.
The Respondents operate Congregation Bais Trana as a children's overnight camp
as defined in Public Health Law ("PHL") § 1392(1) and 10 NYCRR § 7-2.2( c). The camp
consists of approximately nine attached buildings, including two multistory dormitories, indoor
and outdoor pools, tennis courts and a kitchen and dining room on approximately forty-five acres
ofland.
The Facility is located at the site of the former resort hotel, the Homowack Resort,
which is currently known as Machne Bnos Square.
2.
The Respondents
York State Department
application
do not hold a permit to operate a children's
of Health ("the Department").
The Respondents
camp from the New
submitted
an
for a permit to operate the Facility on or about April 30, 2009, which was denied by
the Department
on or about June 30, 2009.
denial of their application
The Department
notified the Respondents
for a permit by letter, dated June 30, 2009.
reasons for denial, including
to submit an acceptable
Department
fire safety and evacuation
and officials from the Summitville
3.
Fire Department
were observed
whom are under the age of eighteen years.
requested
had failed
by the
and the Town of Mamakating.
do not have a permit to operate a children's
to be operating
on July 6, 2009 and, at present, approximately
the Facility as a children's
265 campers are occupying
Consequently,
overnight
the Respondents
have violated PHL
hereinafter
"the Code"), which prohibit any person, firm corporation,
from operating a
overnight
4.
occasions
or association
inspected the Facility in May, 2009 and then on numerous
in July, 2009, and found the existence
of multiple public health hazards, which are
enumerated
in § 7-2. 1(b)(2) and defined therein as conditions
responsible
for illness, physical injury or death; and which, pursuant,to
New York State Health Commissioner
Specifically,
referred to as
camp without a permit from the Department.
The Department
correction
camp
the Facility, all of
§ 1393(1) and Subpart 7-2.4(a) of the State Sanitary Code (10 NYCRR,
children's
the
with the Public
and that the Respondents
plan as previously
Despite the fact that the Respondents
camp, the Respondents
The letter explained
the fact that the Facility was not in compliance
Health Law, State Sanitary C;ode, and local town regulations
of its
or to immediately
the Department
or his designated
institute action as provided
found the following
which could be expected
representative
to be
§ 7-2. 1(b)(2), require the
to order immediate
in the law and Subpart 7-2 of the Code.
§ 7-2. 1(b)(2) violations:
a.
cross connections
The Respondents
violated
§ 7-2.1 (b )(2)(vi) by failing to guard against
or other faults in the water distribution
or plumbing
may result, in the contamination
of the potable water supply.
of the Facility on July 13,2009,
Department
employees
between the potable water supply and contaminated
systems which result, or
Specifically,
during an inspection
observed waterline
hose connections
water from small plastic wading pools on
the grounds of the Facility, and observed a waterline
hose running along the ground between the
Facility's
potable water supply and its mikvah (ritual bath), without any protection
backflow
because there was no check valve to prevent back siphonage.
b.
The Respondents
alarm system in multistory
buildings.
violated
Specifically,
§ 7-2.1 (b )(xxiii) by failing to provide a fire
inspectors
in "trouble mode" on July 7, July 15 and July 20,2009.
employees
observed a test of the Facility's
from
observed the fire alarm panel box
On July 13,2009,
Department
fire alarm system, in which the alarm did not sound in
most areas of the Facility and in which Facility campers and staff did not respond to the alarm.
The Respondents'
violated
failure to provide a fire alarm system in the Facility's
multistory
building also
§ 7-2. 18(b)(1), which requires a fire alarm system that when activated sounds an alarm
which can be heard throughout
the camp in building sleeping 50 or more persons, or buildings
two stories or more in height used for sleeping; and requires an automatic
including
smoke detectors
installed in corridors,
heat detection devices in kitchens in buildings
fire detection system,
assembly areas, storage rooms, stairways and
with three stories or more in height used for
sleeping.
c.
flammable
13,2009,
The Respondents
liquids and toxic substances.
Department
employees
violated
§ 7-2. 1(b)(2)(xxv)
Specifically,
observed
by failing to properly store
toxic materials,
including
of the Facility on July
cleaning compounds,
detergents, solvents, and adhesives, accessible to unsupervised campers and located in open,
unlocked storage rooms in the camp dormitory buildings.
d.
The Respondents violated § 7-2.1 (b)(2)(xxvi) by failing to maintain fire
firefighting equipment in working order. Specifically, during inspections of the Facility on July
13 and July 14,2009, Department employees observed that there were missing sprinkler heads in
the Facility's main lobby and auxiliary dining area off the main kitchen, and on July 15,2009
observed that the sprinkler s~stem was not functioning properly as evidenced by the fact that the
sprinkler system pressure gauge, located in the Facility's "game room," indicated a water
pressure of zero. The Respondents' failure to maintain fire firefighting equipment in working
order also violated § 7-2.18( e)(3), which requires that fire extinguishers and other firefighting
equipment be maintained in operating condition at all times.
e.
The Respondents violated § 7-2.1 (b)(2)(v) by failing to maintain chlorine
disinfection residual in the potable water supply. Specifically, during an inspection on July 8,
2009, a Department employee tested the water supply for chlorine residual and obtained results
showing that the free chlorine residual disinfection concentration in the water was less than the
0.2 milligrams per liter (mg/l) required by the Code.
f.
The Respondents violated § 7-2. 1(b)(2)(xxii) by failing to maintain
unobstructed, easily traveled means of egress. Specifically, during inspections conducted on
July 7, July 10 and July 13,2009, Department employees observed obstructed, lockable exit
doors on the main dining room entrance and dining room located in ~he former indoor tennis
court building, the indoor pool, the game room, and the assembly area in the rear of the camp
food service area.
5.
In addition, the Department's inspections of the Facility revealed numerous other
violations,
public health hazards under § 7-2.1 (b )(2)(xxviii).
which constitute
Department
found the following
violations
Specifically,
of Subpart 7-2 of the Code to constitute
the
a public
health hazard:
a.
The Respondents
§ 7-2.14 by failing to ensure that the Facility's
violated
buildings
and structures
and sides.
Specifically,
employees
found mold growth in many locations throughout
moisture problem.
in the sprinkler
basement
in size for their use, clean and have watertight
during site visits on May 20, July 7, and July 13,2009,
Department
employees
of the Facility's
of the Facility's
large dormitory
and the
§ 7-2.17 by failing to maintain all existing
violated
visits to the Facility on July 13, and July 15, 2009, Department
water running over and through exposed and unexposed
including
buildings,
main lobby.
The Respondents
employees
a significant
water leaks, including leaks
service, wiring and fixture in good repair and safe condition.
Department
roof
Department
the facility, indicating
also observed numerous
system in the entire basement
b.
electrical
are safe, adequate
lighting equipment,
hallways,
employees
during site
observed leaking
wiring and electrical fixtures.
also observed exposed wiring throughout
in the emergency
Specifically,
the two dormitory
stairways,
buildings,
laundry room and the
ground floor near the tennis courts.
c.
The Respondents
egress were operated and maintained
visit on July 15,2009,
building measuring
Department
approximately
40% volume of combustibles
separated
violated
§ 7-2.18(c)
in accordance
employees
by failing to ensure that means of
with the Code.
Specifically,
found that a large basement
during a site
in the dormitory
100 feet by 200 feet, which was filled with approximately
including
mattresses
and wood furniture,
was not adequately
from the floors above by smoke and fire doors, and thus allowed smoke and fire to
spread rapidly from floor to floor through open stairways
and pipe chases.
site visits to the Facility on July 6, July 7, July 10 and July 13,2009,
found that fire and smoke doors throughout
latching, and were held open by unapproved
d.
The Respondents
In addition,
Department
employees
the entire Facility were not self closing or positive
means, including
garbage cans, chairs and buckets.
§ 7-2.23(b) by failing to provide for and
violated
maintain the storage, handling and disposal of refuse to prevent nuisance conditions,
,
rodent infestations
and pollution
2009, Department
employees
measuring
approximately
overflowing
of air and water.
observed
during
Specifically,
.
insect and
during a site visit on July 20,
that a pile of garbage consisting
of kitchen waste
6 feet by 20 feet was left directly on the ground next to the Facility's
compactor.
e.
The Respondents
potable water source.
Department
Specifically,
employees
violated
§ 7-2.6(h) by failing to adequately protect the
observed that the well-head
of the facility on July 13,2009,
for well number
I was submerged
in surface
water.
f.
not in compliance
July 10,2009,
chemistry
The Respondents
with Part 6 of this Title.
Department
was determined
exceeded pool standards,
properly.
The Department
to be closed.
violated
employees
§ 7-2.11 (a)(3) by allowing swimming
Specifically,
observed
to be unacceptable.
During a follow-up
The chlorine disinfection
on July 15,2009,
at that time that the pool needed
Department
children using the same pool that had been closed (the male Department
attempt to visually observe the female swimmers
residual and pH levels
systems were not functioning
notified the Respondents
inspection
of the Facility on
that the pool was unsafe because the pool
and the filtration and chlorination
employees
in a pool
employees
employees
heard
did not
out of respect for their religious mores which
would prohibit such viewing).
6.
On July 8, 2009, Department informed the Respondents that it had found
numerous violations of the Code and that the Facility had to be evacuated of all campers as soon
as possible. On July 14, 2009, the Department reiterated this information in writing to a
spokesperson for Congregation Bais Trana. Despite these notices, the Facility has not been
evacuated.
7.
On July 7, 2009, Tim Koestler, Chief, Summitville Fire Company #1, Inc., wrote
a letter informing the Department and other concerned parties that as a result of dangerous and
hazardous conditions discovered during inspections of the Facility conducted by the Fire
Company and others that the Summitville Fire Company # I, Inc., would not be able to protect
the Facility from fire or rescue.
THEREFORE, in accordance with the provisions of § 16 of the Public Health Law, the
Commissioner of Health does hereby ORDER that upon service of this Order for Summary
action:
I.
The Respondent shall cause the Facility to be completely vacated of all campers
under age eighteen by no later than Noon on Monday, July 27,2009.
2.
The Respondents shall immediately notifY, by phone and in writing, all persons
scheduled to utilize the children's camp during any portion of the remaining camping season,
that the Respondent has been ordered to cease operations.
3.
The Respondents shall not allow the premises of 359 Phillipsport Road, Spring
Glen, New York to be used as a children's camp or any other operation regulated by the
Department unless specifically authorized in writing by the Department of Health.
FURTHER, the Respondents are provided an opportunity to be heard on the 6th day of
August, 2009 or on a mutually agreeable alternate date, at the offices of the New York State
Department of Health, Hedley Park Place, 433 River Street, Troy, New York 12180, to present
any proof that such conditio,ns or activities do not constitute a danger to the health of the people.
DATED:
Albany, New York
July , 2009
RICHARD F. DAINES, M.D.
Commissioner of Health
Inquiries to:
Telephone:
Fax:
E-mail
Mark Fleischer, Director, Bureau of Administrative Hearings
(518) 473-1707
(518) 486-1858
mdfO [email protected]
STATE OF NEW YORK
DEPARTMENT OF HEALTH
Coming Tower
The Govemor Nelson A. Rockefeller Empire State Plaza
Richard F. Daines, M.D.
Commissioner
Albany, New York 12237
Wendy E. Saunders
Executive Deputy Commissioner
July 30, 2009
RECEIVED
AUG
Hon. Andrew M. Cuomo
Attorney General
The Capitol
3 2009
NYS DEPT. OF HEALTH
MONTICEllO,
NY
Attn:
Megan Levine, Esq.
Assistant Deputy Attorney General
Re:
Children's Camp Operated by Congregation Bais Trana
Dear Attorney General Cuomo:
Congregation Bais Trana is a religious corporation that operates a
children's camp at 359 Phillips Post Road in Spring Glen, New York ("the Camp"). The
Camp is operating without a Department permit, and Department staff have identified
numerous public health hazards and New York State Sanitary Code violations at the
Camp. In an Order for Summary Action, dated July 24, 2009, Commissioner Daines
found that conditions at the Camp constituted a danger to the health of the people, and
directed the Camp to be vacated of all campers under age eighteen by noon on July 27,
2009. Department staff inspected the Camp on July 27,2009, and found that a
substantial number of campers under age eighteen remained at the Camp.
Accordingly, pursuant to Public Health Law § 12(5), I am requesting that the Attorney
General's Office obtain an injunction that requires the Camp to vacate all campers
under age eighteen from the Camp, and to cease operation until the Camp complies
with New York State Sanitary Code requirements and receives a permit to operate from
the Department.
Very truly yours,
(k-,kC
B~
~sePh
C. Bierman
Principal Attorney
JCB/bl
cc:
Nicholas Garin, Esq.
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New York State Department of Environmental Conservation
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Division of Water, Region 3
21 South Putt Corners Road, New Paltz, New York 12561-1620
Phone: (845) 256-3019 • Fax: (845) 255-3414
Website: www.dec.nY.qov
~
Alexander B. ,Qrannis
Commissioner
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
7009 0080 0002 0977 5439
July 30, 2009
CONGREGA TION BAIS TRANA
123 CLINTON LANE
NEW SQUARE, NY 10977
ATTN: MALKE NEUSTADT, CAMP DIRECTOR
RE: Reconnaissance Compliance Inspection
Bais Trana/Homowack Wastewater Treatment Plant
(T) of Mamakating, Sullivan County
SPDES NY#- 003 4932
Dear Mr. Neustadt:
On July 28, 2009 an inspection of the referenced facility was conducted by Mr. Lewis of this
Department. A copy of the inspection report is enclosed for your use.
This inspection was conducted as a follow-up to my inspection of July 13th. I am enclosing, for
your convenience, a copy of that report as well, since the t:-ansmittalletter had been directed to
Mr. Goldman.
Many of the previously identified deficiencies remained. In addition, there was a pool of sewage
on the ground, where it appeared that the secondary lagoon had overflowed. This was at risk of
flowing into the stream, and represents an unpermitted discharge.
Also, Mr. Lewis noted that the flow meter recorder did not have a paper chart in it; it appeared
overdue for calibration; there was no evidence that required daily tests were being performed,
since a report sheet on the laboratory table was blank; the land application system had become
plugged since my inspection, and there were now odor problems around the facility.
These all represent major deficiencies in operation and maintenance, and violation of the terms of
your State Pollutant Discharge Elimination System (SPDES) permit. It also remains uncertain as
to what entity the permit should be issued to. Note that the permit was issued to "Spring
Mountain Resort", at the same mailing address. If the correct owner is Bais Trana, or some other
party, this Department needs to be formally notified, and the permit transferred.
We shall expect efforts to correct these deficiencies to begin at once.
RECEIVf::D
AUG
3 2009
It is the responsibility of the permittee to comply with effluent limitations; monitorirfgYre@>J:<;ti~gOF
HEAL TH
and reporting; compliance schedule; reporting non-compliance; and all other provision~HiBCELLC,
NY
SPDES Permit.
Failure to comply with the provisions of your SPDES Permit is subject to penalties under
authority of the NYS Environmental Conservation Law, Article 17, Title 8 and Article 71, Title
19.
If there are any questions or comments, please contact the writer above at the above address and
phone number.
Very truly yours,
~
~·Su~
10hn S. Sansalone, P.E.
Environmental Engineer II
Region 3, Division of Water
lSS/jmv
Enclosure
cc: New York State Health Department, Monticello wI enclosures
Eustance & Horowitz, P.C., wI enclosures
T. Rudolph, RWE
1. Parker
1. Battista
File
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Page_of_
NEWVORKSTATEDEPARTMENT
OFENVIRONME"T
AL CONSERV
ATION
DIVISIONOFWATER
WASTEWATER FACILITY INSPECTION REPORT - RECONNAISSANCE
(Par. I)
Title
SGrit/Screenings
N/A
Pan
IIsystem.
Attached"
Efiluenl
Condillon
M-U
Date
Bar
ScrceniComminulor
I)lsmlccllon
OdorslOdor
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odors
11
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•.Removal
in
NA
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around
plant
N/A
N/A
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confirm
residual.
General
M-U
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N/A
M.
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appears
CL2
is
being
added
to
system,
but
available
records
to ofpotential
Comments
(Note
units
Oul
of operation/outstanding
operatlonletc
)it's
Title.
EPS
Trainee
2 Trana
unkept,
needs
grass
mowed,
filled,
manhole
top
replaced
no
paper
chart
recorder,
no
available
records
for
flow
measurement
Prellinmary/Pnmary
Rating
Influcnt
Land
Scttllng
Trickling
Secondary
Sludge
Alarm
Il1lluel1tlmract
Disposal
Scum/Sludge
Recci"mg
SecondaryrrenJary
Application
Syslems
Pumps
Dewalermg
Pumps
Tanks
of
Filter
Waler
Clarifier
on
Condition
OremllOnS
Facilltv
NameBais
out
appl'n
intervention,
I no
Does
there
Lodge
not
isout
the
appear
to have
for made
additional
to the
issues.
but with
Digesters
plant
rundown
and
appears
negleted
Buildmgs/Grounds/llousekeeping
clear
GZJNo
Sludge
Disposal
Location
(C,T.V)Mamakating
Lagoon
overgrown
appears
in
new
operation
and
system
plugged
with
installed,
2of
of
3chuckhole
no
aerators
way
to
service,
online,
verify
ifovertopping
second
operational
lagoon
banks
and
flowing
into itlow
areastream,
near land
U
Aerated
Lagoons
good
color;
need
to
address
woodchuck
hole
IHomowack
DECRegion
3
Isl
07/28/2009
Dateor
Inspection
07/28/2009
of Inspection Recan
IPurpose
C
B
I)
Weather
('o"dltlons90
degrees, hot, humid
R"rin~
Codrs:
E
Sludge
Handling/Disposal
Signature of Inspector Mark E. Lewis
STATE OF NEW YORK
DEPARTMENT
Coming Tower
Richard F. Daines,
OF HEALTH
The Govemor Nelson A. Rockefeller Empire State Plaza
M.D.
Wendy
E. Saunders
Commissioner
ExecutivH~C
EI\PFoff
AUG
3 2009
NYS DEPT. OF HEALTH
MONTiCELLO. NY
July 28, 2009
Hon. Perry Meltzer
P.O. Box 1130
Monticello, New York 12701
Re:
In the Matter of Camp Bais Trana
Dear Judge Meltzer:
This is to confirm that the administrative hearing in the above referenced matter has been
rescheduled per your request on August 10, 2009 at 10:00, a.moo The hearing will take place at
the Department of Health's Monticello District Office at 50 North Street, Suite 2, Monticello,
New York 12701.
Very truly yours,
:7~ -::?~
Mark Fleischer, Director
Bureau of Administrative Hearings
cc.
Brian Devine
Mark Knudson
Department of Health
50 North Street, Suite 2
Monticello, New York 12701
New York State Department of Environmental Conservation
21 South Putt Corners Road, New Paltz, New York 12561-1620
Phone: (845) 256-3019
• FAX: (845) 255-3414
Website: www.dec.ny.gov
..
July 23, 2009
RECFIVr::O
Congregation Bais Trana/
Spring Mountain Resort
P.O. Box 270
Spring Glen, NY 12483
JUL
28
2009
NYS DEPT. Or- t
MCi"'TlCEL..C.
1;;"
t. (
Attn: Dov Goldman, Manager
Re:
Congregation Bais Trana/Spring Mountain
(T) Mamakating, Sullivan County
Permit # NY -003 4932
Dear Mr. Goldman:
On July 131\ this writer conducted an inspection of the wastewater treatment system serving the
referenced facility. An inspection letter was subsequently sent to you at your address in New Square.
Recognizing that your operational duties may be keeping you on site, we are sending an additional
copy of my report to this address, and copying your operator. There are serious deficiencies that must be
addressed.
Please contact me if there are any questions.
Yours truly,
o~'V\~O-JCv"~
~i\
c
<.""'::
a-.~
John S. Sansalone, P.E.
Environmental Engineer II
JSS/jjc
Attach.
cc:
W. Eustance, c/o Eustance & Horowitz, Circleville, NY lQ919 - w/attach.
J. Parker
T. Rudolph/P. Ferracane
File/Chron
Lt. Lindsley, DLE
M. Knudsen, NYSDOH, Monticello
C:\My Files\Jennifer\Sansalone
letter to Congregation
Bais Trana
ry
ST ATE OF NEW YORK DEPARTMENT OF HEALTH
ADMINISTRA TIVE TRIBUNAL
July 21, 2009
Personal Service - Hand Delivery
Name of Respondent:
Address of Respondent:
Congo Bais Trana,
359 Phillipsport
New Square,
Respondent
MaIka
Road
NY
10977
CONGREGATION
D/B/A:
D/B/A Address:
Nevstadt
359 Phillillsport
&
Dov Goldman
&
Ahavas Chaverim
Gemilas Chesed
766 North Main St.
59 Reagan Road, #11
Spring Valley, NY 10977
BAIS TRANA
ROAD
Spring Glen, NY
Re: MATTER
OF CONGo BAIS TRANA, MALKA NEVSTADT
D/B/A CONGREGATION
Docket Number:
Dear Maika Nevst:ldt, Dov Goldman,
& Ahavas
BAIS TRANA
20090366
Chaverim
Gemilas Chesed:
The New York State Department of Health has evidence of violations of the Public Health Law and/or Health Department Regulations
contained in Title 10 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (NYCRR), as set forth
in the Finding of Violation(s) enclosed. A Hearing has been scheduled before an impartial Administrative Law Judge of the Administrative
Tribunal on the following date, time, and place:
DATE:
TIME:
PLACE:
August 13, 2009
11:00 AM
NYS Department
of Health,
Monticello District Office, Suite 2, 50 North Street, Monticello
YOU ARE ON NOTICE THAT YOU HAVE SEVEN (7) DAYS FROM RECEIPT OF THIS NOTICE TO RESPOND TO THE
DEPARTMENT.
FAILURE TO RESPOND WITHIN SEVEN DAYS AFTER RECEIPT OF SERVICE WILL CONSTITUTE AN
ADMISSION OF THE CHARGES AND A WAIVER OF THE RIGHT TO A HEARING, AND AUTHORIZE THE ADMINISTRATIVE
LAW JUDGE, WITHOUT FURTHER NOTICE, TO FIND THE FACTS TO BE AS ALLEGED IN THE FINDING OF VIOLATION, AND
TO RENDER A DECISION AND ORDER SUSTAINING THE ALLEGATIONS,
AND IMPOSING A PENALTY. (SUMMARY OF THE
APPLICABLE
HEARING PROCEDURE IS ENCLOSED).
OFFER OF SETTLEi\lENT
ALTERNATIVE
If you wish to settle this matter without a Hearing, sign and return the enclosed Stipulation (Form AT-I 5) within seven (7) days of your
receipt of this notice. This settlement offer includes payment of a fine of $12,650.00 , payable to the New York State Department of Health.
Enclose your full payment with the signed stipulation and send to the NYS Department of Health. Monticello District Office. Suite 2. 50 North
Street. Monticello. NY. 12701-1711. Payment must be made with check or money order. If you wish to decline the offer of Stipulation and opt
for a Hearing, please note such intention on the AT-I 5 Form where indicated, and mail back to the Department.
M
Sincerely,
Mark D. Knudsen
Administrative Tribunal Representative
Monticello District Office
Enclosures
STATE OF NEW YORK DEPARTMENT OF HEALTH
ADMINISTRA TIVE TRIBUNAL
SUMMARY OF HEARING PROCEDURES:
1. The hearing will be held in conformance with Section 12a of the Public Health law, Article 3 of the State Administrative Procedure Act and 10
NYCRR Part 76.7. Hearings are presided over by an Administrative Law Judge, and are open to the Public. The text of the Public Health Law and
the Regulations at Title 10 are available at the New York State Department of Health's web site (www.health.state.ny.us).
The text of the State
Administrative Procedure Act and all other New York State statutes are available at the New York State Senate's web site (www.senate.state.ny.us)
2. The hearing will be conducted in English.
you.
If you do not speak or understand English, you are allowed to bring someone to the hearing to assist
3. If you or any party or witness to this proceeding is a deaf person, the Department, upon reasonable notice, will provide at no charge, a qualified
interpreter of the deaf to interpret the proceedings and the testimony of any deaf person.
4. If you will be represented by an attorney, your attorney must furnish to the Department appropriate documentation
represent you.
of his or her authorization to
5. A rccord of all proceedings will be made and witnesses will be sworn and examined. The parties may appear in person and/or be represented by
Counsel, may testify, present documentary evidence, produce witnesses, cross - examine adverse witnesses, examine such evidence as may be
produced, request the issuance of subpoenas and have all rights essential to a fair and impartial hearing. The burden of proof at the hearing will be
on the department.
6. You should bring to the Hearing any evidence of compliance efforts, such as receipts for purchases, contracts, estimates and design plans and be
prepared to substantiate your corrective actions and/or plans for correction ofviolation(s).
Prompt correction of violations may be considered by the
Department in assessing penalties. However, correction alone does not excuse the violation and fines may be assessed for violations committed by
the Respondent. Failure to correct violations after the hearing subjects you to further legal action by the Department.
7. Failure to respond within seven days after receipt of service will constitute an admission of the charges and a waiver of the right to a hearing and
authorize the administrative law judge, without further notice to find the facts to be as alleged in the finding of violation and to render a decision and
order sustaining the allegations and imposing a penalty.
8. If the Respondent does not appear at the hearing, either in person or by an attorney, the hearing may proceed. Failure to appear at the time and
place designated for the hearing will constitute a default in appearance and a decision and order will be rendered and issued by the Administrative
Law Judge based on the record.
9. At the conclusion of the Hearing, the Administrative Law Judge will issue a written decision sustaining or dismissing the Finding of Violation(s).
The Decision will contain findings of fact and, as applicable, orders issued and penalties assessed based on evidence presented. The Respondent may
also be assessed a fine not to exceed $2,000 per violation, pursuant to Sections 12 and 206 of the Public Health Law or as otherwise provided under
applicable regulations. Licenses to operate may also be suspended or revoked.
ADMINISTRATIVE TRIBUNAL
FINDING OF VIOLATIONS
Respondent:
Address:
Congo Bais Trana, Maika
Nevstadt
124 Clinton Lane
New Square
NY
Docket
10977
Number:
Date of Hearing:
Date of Notice
Phone:
D/B/A:
Address:
20090366
August 13, 2009
July 21, 2009
(845) 362-1232
CONGREGATION
359 Phillipsport
BAIS TRANA
ROAD
Spring Glen
Date
Maximum
of
Violation
I
Violation
~ate!:-aw,
10(15
Jul 13, 2009
7-2. 18(a)
I
Violation ID
Violation
2 o( 15
Jul 13, 2009
I
Violation
Sanitary
VioiationlD119177
Violation ID
I
Violation ID 119180
4 o( 15
(AT -10)
7-2.1 (b)(2)(vi)
Page 1 of 5
Finding_s
_
Building standards. All construction, equipment
installation and fire safety practices required by
this Section shall be operated and maintained
in accordance with the Uniform Code.
Was violated in that: during a site visit
conducted on July 13, 2009, it was found that
fire and smoke doors were not self-closing,
positive latching, and were held open by
unapproved means. This was also observed
on July 6th, 7th, and 10th, 2009.
$250.00
supervision of children is not in accordance
with the supervisory or personnel qualification
standards prescribed in sections 7-2.5, 7-2.11
and 7-2.25 of this Subpart resulting in a child
not being protected from any unreasonable risk
to his or her health or safety;
children were playing outside the buildings
without supervision.
$2,000.00
failure to properly store flammable
toxic substances;
toxic materials including cleaning
compounds, detergents, solvents, and
adhesives were accessible to unsupervised
campers.
$2,000.00
conducted on July 13, 2009, the presence of
cross connections was found that could result
in the contamination of the potable water
supply. Hose connections without backflow
prevention were observed.
$2,000.00
119179 J
7-2. 1(b)(2)(xxv)
Violation
Violation
119178 J
Jul 13, 2009
Jul 13, 2009
(10 NYCRR)
J
7-2.1 (b)(2)(i)
3 o( 15
Code, or Regulation
Assessable
Fine
liquids and
J
presence of cross connections or other faults
in the water distribution or plumbing systems
which result, or may result, in the
contamination of the potable water supply;
Docket
Number
20090366
Surcharg~
Respondent:
Address:
Nevstadt
124 Clinton Lane
New Square
NY
Docket
10977
Number:
Date of Hearing:
Date of Notice
Phone:
D/B/A:
Address:
20090366
August 13, 2009
July 21, 2009
(845) 362-1232
CONGREGATION
359 Phillipsport
BAIS TRANA
ROAD
Spring Glen
Date
Maximum
Assessable
of
Violation
I Violalion
S~~e Law, San ita.!)' Code, or Regulation
5 of 15
Violation 10119181
Jul14,2009
7-2.14
I Violation
Violation 10119182
6 of 15
Jul14,2009
I Violation
Violation 10119183
$250.00
Fire extinguishers and other firefighting
equipment acceptable to the permit-issuing
official shall be provided, inspected and tagged
by the camp operator prior to the camp
season. The equipment shall be maintained in
operating condition at all times.
sprinkler heads were missing from the lobby
area. This was also observed on July 13,
2009 ..
$2,000.00
in
the sprinkler system was not functioning
properly. The sprinkler system pressure
gauge, located in the 'game room' read '0' (no
pressure).
$2,000.00
allowing swimming or incidental water
immersion which is not in accordance with
the indoor swimming pool (previously closed
by the Department of Health because of
unsafe conditions) was in use by children at
the time of the visit.
$2,000.00
]
I Violation
Violation 10119184
7-2.1 (b)(2)(xii)
]
7-2. 11(a)(1), 7-2. 11(a)(5)(iii) or 7-2. 11(j) ofthis
Subpart;
(AT -10)
Page 2 of 5
Fine
heavy mold growth was present. Mold
growth was previously observed in many
locations throughout the buildings on May 15,
2008, July 30, 2008, May 20, 2009, July 7,
2009, and July 13, 2009.
7-2. 1(b)(2)(xxvi) failure to maintain firefighting equipment
working order;
8 of 15
Findings
Housing maintenance. A building or structure
of a children's camp shall be safe, adequate in
size for its use, clean, and have watertight roof
and sides. However, a lean-to or an open
recreational facility, which excludes rain from
occupied portions of the structure, may be
used as a shelter.
Jul15,2009
Jul 15, 2009
Violation
]
7-2. 18(e)(3)
7 of 15
(10 NYCRR)
]
Docket
Number
20090366
Surcharg~
Respondent:
Address:
Congo Sais Trana, Maika
Nevstadt
124 Clinton Lane
New Square
Docket
NY
10977
Number:
Date of Hearing:
Date of Notice
Phone:
D/B/A:
Address:
20090366
August 13, 2009
July 21, 2009
(845) 362-1232
CONGREGATION
359 Phillipsport
BAIS TRANA
ROAD
Spring Glen
Date
Maximum
Assessable
of
Violatio~
_
§tate Law, Sanitary
I Violation 9 of 15
Violation /0119185 J
Jul 15, 2009
7-2. 18(a)
I Violation 100115
Jul 15, 2009
Code, or Regulation
(10 NYCRR)
installation and fire safety practices required by
this Section shall be operated and maintained
in accordance with the Uniform Code.
Violation
Findings
Fine
the large basement storage room about 100
ft by 200 ft (filled with approximately 40%
volume of combustibles including mattresses
and wood furniture) was not adequately
separated from the floors above. Vertical
openings were present including openings
around pipe chases.
$250.00
the existing electrical service was not
maintained in a safe condition. Water was
$250.00
Vio/ationlO 119186 J
7-2.17
All existing electrical seNice, wiring and
fixtures shall be in good repair and safe
condition.
observed dripping through electric
wiringlfixtures.
This was also observed on
July 13, 2009.
IVio/ation 110115
Jul 20, 2009
(AT -10)
Vio/ation/O 119187 J
7-2.4(a)
Page 3 of 5
No person shall operate a children's camp, or
cause or allow the same to be operated,
without a permit from the permit-issuing
official.
the children's camp was operating without a
valid permit from the Monticello District
Office. This was also initially observed during
a July 6, 2009 complaint investigation.
Docket
Number
$250.00
20090366
Surcharg~
ST ATE OF NEW YORK DEPARTMENT OF HEALTH
Respondent:
Address:
Nevstadt
124 Clinton Lane
New Square
NY
Docket
10977
Number:
Date of Hearing:
Date of Notice
Phone:
D/B/A:
Address:
20090366
August 13, 2009
July 21, 2009
(845) 362-1232
CONGREGATION
359 Phillipsport
BAIS TRANA
ROAD
Spring Glen
Date
Maximum
of
Violation
~tate Law, Sanitary
lViolation 120f15
Jul 20, 2009
(10 NYCRR).
l Violation 13 of 15
Finding_s
_
the fire alarm system was not functioning
properly. This was also observed on July 8,
2009. Acceptable documentation from a
reputable, licensed fire alarm company
certifying that the alarm system is in
compliance with all applicable codes has not
been received or approved by this
Department. Three day notice for this item
was issued on July 8, 2009.
$2,000.00
a pile of garbage approximately 6 ft by 20 ft
was left directly on the ground next to the
overfiowing compactor.
$250.00
there was no competent person in charge of
the safety and maintenance of the building
and grounds. This was previously observed
from July 6, 2009 through July 20, 2009.
$2,000.00
Violation 10 119191 ]
7-2. 23(b)
lViolation 140115
Violation
Violation 10 119189]
7-2. 1(b)(2)(xxiii) failure to provide a fire alarm system in
multi-story buildings;
Jul 20, 2009
Jul 20, 2009
Code, or Regulation
Assessable
Fine
Facilities shall be provided and maintained for
the storage, handling and disposal of refuse to
prevent nuisance conditions, insect and rodent
infestations and pollution of air and water.
Violation 10 1191931
7-2.5(n)(3)
Fire safety: evacuation of buildings and
property, assembly, supeNision, and
accounting for campers and staff; fire
prevention; coordination with local fire officials;
fire alarm and detection systems and their
operation, maintenance, and routine testing;
type, location and maintenance of fire
extinguishers; inspection and maintenance of
exits; required fire drills and log; electrical
safety; and reporting to the permit-issuing
official within 24 hours fires which destroy or
damage any camp building, or which result in
notification of the fire department, or are life or
health threatening. A copy of this segment of
the approved camp safety plan must be
submitted to the local fire district or
department;
(AT -10)
Page 4 of 5
Docket
Number
20090366
Surcharg~
Respondent:
Address:
Phone:
D/B/A:
Address:
CongoBais Trana, Maika Nevstadt
124 Clinton Lane
New Square NY 10977
Docket Number:
20090366
Date of Hearing:
Date of Notice
August 13, 2009
July 21, 2009
(845) 362-1232
CONGREGATION BAIS TRANA
359 Phillipsport ROAD
Spring Glen
Date
of
Violation
I Violation 150'15
Jul 20, 2009
Maximum
Assessable
State Law, Sanitary Code, or Regulation (10 NYCRR)
Violation Findings
Fine Surcharg!!
Violation 10 119194 I
7-1.4(a)
(AT -10) Page 5 of 5
No person shall operate any temporary
residence or cause or allow the same to be
occupied without a permit to do so from the
permit-issuing official.
the Temporary Residence was operating
without a valid permit from the Monticello
District Office.
$2,000.00
Docket Number 20090366
ADMINISTRATIVE
TRIBUNAL
STIPULA TION
In the matter of Finding
Respondent:
Address:
of Violation(s)
against
124 Clinton Lane
Nevstadt
Docket
Number:
Date Issued:
NY
New Square
D/B/A:
Address:
CONGREGATION
20090366
July 21, 2009
10977
BAIS TRANA
359 Phillipsport ROAD
Spring Glen
The parties wish to resolve this matter by means of a settlement instead of an administrative hearing and, therefore agree that:
a.
There exist valid and sufficient grounds, as a matter of fact and law, for the issuance of this Stipulation and Order under the
Public Health Law and the Respondent consents to its issuance, accepts its terms and conditions and waives any right to
challenge this Stipulation/Decision in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules or in any
other action or proceeding.
b.
That the Respondent agrees to the following terms and conditions:
Docket
State Law, Sanitary
I
Vioialion
Violation
installation and fire safety practices required by this
Section shall be operated and maintained in
accordance with the Uniform Code.
VlOIalion
#
20090366
Findings
Was violated in that: during a site
visit conducted on July 13, 2009, it
was found that tire and smoke doors
were not self-closing, positive
latching, and were held open by
unapproved means. This was also
observed on July 6th, 7th, and 10th,
2009.
--~
-
Conclusion:
Assessed Fine:
Alleged
$250.00
2 of 15 J
7-2. 1(b)(2)(i)
I
(10 NYCRR) Violation
1 of 15 J
7-2.1 B(a)
I
Code, or Regulation
~pervision
of children is not in accordance with the
supervisory or personnel qualification standards
prescribed in sections 7-2.5, 7-2.11 and 7-2.25 of
this Subpart resulting in a child not being protected
from any unreasonable risk to his or her health or
safety;
visit conducted on ~-0Y-1~
2009, !t
was found that cfiiTarenwere-plaYlng
outside the buildings without
supervision.
Conclusion:
Assessed Fine:
Alleged
$250.00
3 of 15J
7-2.1 (b)(2)(xxv)
(AT -15)
~ilure
to properly store flammable liquids and toxic
r~bstances;
Page 1 of 5
visit conducted on July 13, 4.009,it
was found that toxiCmatelTals
including cleaning compounds,
detergents, solvents, and adhesives
were accessible to unsupervised
campers.
GO TO THE NEXT PAGE
Conclusion:
Assessed Fine:
Alleged
$250.00
Docket Number 20090366
ADMINISTRATIVE
TRIBUNAL
STIPULATION
Docket
#
20090366
State Law, Sanitary Code, or Regulation (10 NYCRR) Violation Findings
{VioIaUon40/15}
7-2. 1(b)(2)(vi)
presence of cross connections or other faults in the
water distribution or plumbing systems which result,
or may result, in the contamination of the potable
water supply;
visit conducted on July 13, 2009, the
presence of cross connections was
found that could result in the
contamination of the potable water
supply. Hose connections without
backflow prevention were observed.
Housing maintenance. A building or structure of a
children's camp shall be safe, adequate in size for
its use, clean, and have watertight roof and sides.
However, a lean-to or an open recreational facility,
which excludes rain from occupied portions of the
structure, may be used as a shelter.
Fire extinguishers and other firefighting equipment
acceptable to the permit-issuing official shall be
provided, inspected and tagged by the camp
operator prior to the camp season. The equipment
shall be maintained in operating condition at all
times.
Was violated in that: J:rfng
failure to maintain firefighting
was found that the sprinkler system
was not functioning properly. The
sprinkler system pressure gauge,
located in the 'game room' read '0'
(no pressure).
I Violation 5 0/15}
Conclusion:
Assessed
Fine:
Alleged
$250.00
~~
7-2.14
visit
on JUI~,
2009, it
was conducted
found that heavy
mo agrowth
was present. Mold growth was
previously observed in many
locations throughout the buildings on
May 15, 2008, July 30,2008, May 20, _
2009, July 7, 2009, and ~
2009. --
Conclusion:
Assessed
Fine:
Alleged
$250.00
(Violation 60/151
7-2. 18(e)(3)
a site
visit
conducted
on July~, heads
2009,
it
was found
that sprinkler
were
missing from the lobby area. This /"
was also observed on J.uly-13;-2009.
Conclusion:
Assessed
Fine:
Alleged
$200.00
I Violation 70/15}
7-2. 1(b)(2)(xxvi)
equipment in working
order;
{Violation
Conclusion:
Assessed
Fine:
Alleged
$2,000.00
8 0/15}
7-2. 1(b)(2)(xii)
(AT -15)
allowing swimming or incidental water immersion
which is not in accordance with 7-2. II(a)(I),
7-2. II(a)(5)(iii) or 7-2. 11(j) of this Subpart;
Page 2 of 5
was found that the indoor swimming
pool (previously closed by the
Department of Health because of
unsafe conditions) was in use by
children at the time of the visit.
GO TO THE NEXT PAGE
Conclusion:
Assessed
Fine:
Docket
Number
Alleged
$1,000.00
20090366
ADMINISTRATIVE
TRIBUNAL
STIPULATION
Docket
#
20090366
I
Violation
90/15
I
7-2. 18(a)
I
Violation
installation and fire safety practices required by this
Section shall be operated and maintained in
accordance with the Uniform Code.
was found that the large basement
storage room about 100 ft by 200 ft
(filled with approximately 40%
volume of combustibles including
mattresses and wood furniture) was
not adequately separated from the
floors above. Vertical openings were
present including openings around
pipe chases.
All existing electrical service, wiring and fixtures
shall be in good repair and safe condition.
was found that the existing electrical
service was not maintained in a safe
condition. Water was observed
Conclusion:
Assessed
Fine:
Alleged
$150.00
100/151
7-2.17
Conclusion:
Assessed
Fine:
Alleged
$2,000.00
dripping through electric
wiringlfixtures.
This was also
observed on July 13, 2009.
(Violation 11 of 15 J
7-2.4(a)
No person shall operate a children's
camp, or cause
or allow the same to be operated, without a permit
from the permit-issuing official.
Was
visit
was
was
from
violated in that: during a site
conducted on July 20, 2009, it
found that the children's camp
operating without a valid permit
the Monticello District Office.
Conclusion:
Assessed
Fine:
Alleged
$1,750.00
This was also initially observed
during a July 6, 2009 complaint
investigat!on.
J l'f
I
Violation
120/15
I
7-2. 1(b)(2)(xxiii)
failure to provide
buildings;
a fire
alarm system in multi-story
1/1gQ(
I Violation
r YJ-6
was found that the fire alarm system
was not functioning properly. This
was also observed on July 8, 2009.
Acceptable documentation from a
reputable, licensed fire alarm
company certifying that the alarm
system is in compliance with all
applicable codes has not been
received or approved by this
Department. Three day notice for
this item was issued on July 8, 2009.
Conclusion:
Assessed
Fine:
Alleged
$2,000.00
13 of 15}
7-2. 23(b)
(AT - 15)
Facilities shall be provided and maintained for the
storage, handling and disposal of refuse to prevent
nuisance conditions, insect and rodent infestations
and pollution of air and water.
Page 3 of 5 .
was found that a pile of garbage
approximately 6 ft by 20 ft was left
directly on the ground next to the
overflowing compactor.
GO TO THE NEXT PAGE
Conclusion:
Assessed
Fine:
Docket
Number
Alleged
$150.00
20090366
ADMINISTRATIVE
TRIBUNAL
STIPULATION
Docket
#
20090366
I
VK>la'ion
14 of 15
I
7-2.5(n)(3)
(Violation
15 oJ
Fire safety: evacuation of buildings and property,
assembly, supervision, and accounting for campers
and staff; fire prevention; coordination with local fire
officials; fire alarm and detection systems and their
operation. maintenance. and routine testing; type.
location and maintenance of fire extinguishers;
inspection and maintenance of exits; required fire
drills and log; electrical safety; and reporting to the
permit-issuing official within 24 hours fires which
destroy or damage any camp building. or which
result in notification of the fire department. or are life
or health threatening. A copy of this segment of the
approved camp safety plan must be submitted to
the local fire district or department:
visit conducted on July 20. 2009. it
was found that there was no
Conclusion:
Assessed
Fine:
Alleged
$150.00
competent person in charge of the
safety and maintenance of the
building and grounds. This was
previously observed from July 6,
2009 through July 20, 2009.
:J.Ir
1S
. urlng a site
o person shall operate any temporary residence or Was violated in
tro ho ~cr;"'fJ:Bd . ·tlJauLiL.... VISit con
a on July 20, 2009, it
permit to do so from the permit-issuing official.
was
nd that the Temporary
sidence was operating without a
valid permit from the Monticello
Conclusion:
Alleged
ciW$e or aI/ow me sam9
111Ch)
(AT -15)
Page 4 of 5
~2,OUU.UO
~b
GO TO THE NEXT PAGE
Docket
Number
20090366
STIPULATION
Total Assessed
Fines
Total Modified Fines
$12,650.00
Total Fines Payable
$12,650.00
Total Amount
d.
This Stipulation shall be effective upon service on the Respondent
company by personal service or by certified or registered mail.
o
$12,650.00
I accept the stipulation offer and will comply
with the conditions set forth. Payment of the
total fines of $12,650 is enclosed. If the
respondent fails to comply with the terms of
this Stipulation, the Department may
demand the balance of Total Assessed
Fines immediately, without the opportunity
for a hearing.
OR
Due
or the Respondents's
o
Owner
$12,650.00
attorney or representative
I decline the stipulation offer and will appear for the
hearing on August 13, 2009.
I
Operator
Date
AGREED AND SO ORDERED
Administrative Tribunal Representative
of Limited Authority
THIS STIPULATION IS SUBJECT TO PUBLIC RELEASE
AS A FINAL AGENCY ACTION
Docket #
(AT -15)
Page 5 of 5
20090366
of a
Date
· - .... .•.
- --
- --- - -
•••••
21.~utt
Corners Road, New Paltz, New York 12561-1620
Phone: (845) 256-3019 • Fax: (845) 255-3141
Website: www.dec.nV.Qov
~
Alexander B. Grannis
Commissioner
CERTIFIED MAIL-Return
700726800001
9172 7621
Receipt Requested
July 16, 2009
CONGREGATION BAIS TRANA
124 CLINTON LANE
NEW SQUARE, NY 10977
ATTN: DOY GOLDMAN
RE: Congregation Bais Trana
AlK/ A Spring Mountain Resort!Homowack Lodge
(T) Mamakating, SuHivan County
Permit #NY -003 4932
Dear Mr. Goldman:
On July 13,2009, this writer inspected the Wastewater Treatment System for the referenced facility. A
copy of my inspection is enclosed.
Thc overall facility was in unsatisfactory condition. Although the effluent did not visually appear to be
unacceptable. this can only be attributed to good fortune, and the system is at risk of major noncompliance at any time.
Specific problems include the foHowing:
1.
2.
3.
There is almost a complete lack of maintenance. The area in front of the control building
was littered with disposable gloves, pieces of a flexible hose that had apparently been run
over by a lawn mower, a soda bottle, and other items. Major removal or reduction of
vegetation is needed, including the area immediately adjacent to the land distribution
sys·tem, and between the access road and the· sludge· storage lagoon.
Almost all metal work was in need of scraping and painting, and pumps, motors, etc, in
need of maintenance. There does not appear to be backup units for equipment, or
emergency power or alarm systems.
Concrete is cracked and spilling. In some instances, bags of cement were laid on top of
concrete tank lids that were in poor condition, with no apparent attempt to properly repair
them.
4.
A window to the control building was broken, for apparently some time. The floor was
covered with broken glass, and debris. Rooms were not secured. There was no evidence
that proper records were being maintained, and kept on site and ~vailable. Piping should
be labeled. Lighting is inadequate and electrical service questionable.
5.
A rodent hole was evident in the side of the embankment around the trickling filter,
threatening its integrity.
6.
The aerated lagoon (# 1) had rooted aquatic vegetation completely around its inside
perimeter, that should be removed. One portion, near the trickling filter, looked to be
sloughing into the lagoon. The influent manhole appeared plugged. Raw wastewater was
welling up through the top, overflowing into the lagoon, but depositing solids and
developing bacterial growth on the ground surface. One aerator had been removed, and is
assumedly inoperative.
7.
There is no evidence'ofsludge
management. The sludge storage lagoon is obstructed by
vegetation, and likely had not been emptied in years. It is unknown if there has been any
other sludge removed from either the lagoons, or the settling tank, and there is a risk that
accumulating solids in the lagoon can lead to a discharge of excessive solids and violating
the terms of your permit. It is unknown if sludge transfer pumps are operable.
8.
The settling lagoon needs to be managed better. There was a heavy algael growth on the
surface, which can also lead to exceed::nces in the discharge of suspended solids.
9.
It is not clear as to what entity is the .current owner of the facility. Last summer, a
discharge permit was reissued to "Spring Mountain Resort", with yourself as vicepresident. Signs indicate a new name and potential owner. If there has been a change in
corporate ownership, this Department must be formally notified, and the permit
transferred to the appropriate party.
10.
There is no evidence that a qualified operator is managing the treatment system,
conducting the required routine tests, or maintaining records.
11.
There appears to be no containment around the hypochlorite tank,. to prevent an
uncontrolled spill or discharge.
The extent and degree of problems at the wastewater treatment system are such that it needs a complete
overhaul and upgrade, with possible change in treatment process. Towards this end, we shall expect you
to retain a Professional Engineer, licensed in New York State to conduct a complete evaluation of all
treatment units and processes, and propose a specific program of improvements. This may also entail a
change in your effluent limitations, which (up till now) have been based upon treating the system being
considered ·'grandfathered".
We shall expect this report to be submitted no later than October I, 2009. Depending upon its
acceptability and findings, we may then look towards a formal compliance schedule.
-Ne shall look forward to receipt of the report, and in the meantime, for efforts to begin to correct these
k!iciencics. P!case contact me if you have any questions.
Yours truly,
c:..<c'
,.J ..:J Cl~
John S. Sansalone, r.E.
n
EnvironmeI)tal Engineer
II
.~~O.~
JSS/jmv
cc: T. Rudolph, R WE
M. Knudson, NYSDOH Monticello
L1. D. Lindsley
J. Parker
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_~II STATE OF NEW YORK
.,,.,
Monticello District Office 50 North Street
Suite 2 Monticello NY 12701-1711
(845) 794-2045
Fax (845) 794-3165
Commissioner
July 24, 2007
Jacob Schwartz, Dov Goldman
359 Phillipsport Road
Spring Glen, N.Y. 12483
Re: Disinfection
Plan
Dear Sirs:
Tim Rose of this office reviewed the plan submitted by Randy Wasson, P.E. for disinfection of
the water supply for the children's camp at Spring Mountain Resort. This plan is for an interim
disinfection pending submission of an engineering review of the entire water system at the facility. The
following comments are provided for your response:
I.
2.
Legend does not match plan.
The report states that the pressure tanks are 900 gallons each. If that is the case, then only 600
gallons per tank is actually water. With this volume the contact time is 24 minutes rather then 36
minutes as reported .
..,
j.
1.
Inst~ad of a timer aA pressure switch that activates the chlorinator when the well pump Sffirt5-would
be a more efficient method of operation than the submitted design, which appears te-would pump
treated water to waste at times.
4.
Although there is large storage capacity, not enough information was provided to determine if 100
GPM is enough volume to meet peak demand.
5. The piping shown on the diagram is such that it appears that the tank ~floats:': on the system. There
should be separate inlet and outlet installed on the tank with no bypass. It states in the engineer's
report that the piping will be redone to do so. The "plan" should ~correspond
with the engineer's
re po rttfl-i.s.
6. Neither the "plan" nor the engineer's report has a P.E. stamp and the "plan" is not signed.
7. The "manufacture's
cut" sheet for the chlorination system does not state that the system is NSF
approved.
8. The engineer's report states that the chlorination svstem will be installed in a "garage" next to the
well. What other "things" are stored in the "garage". Petroleum containers, lawn mowers, pesticides,
herbicides, etc. maybe?
9. Pressure tanks are generally not suitable for use as chlorine contact tanks.
10. It is unclear what number 7 on the schematic refers to. The legend states incorrectly that it is the flow
meter.
II. There is an appurtenance
labeled as "8" but no corresponding
"8" exists in the legend.
12. A comp!ctcd A/J/Jlicatiol1 liJl"ArJ/J/'(Jval olPlans (hI' Puhlic '-Vater SUf)()lv Improvement (DOH-3-18
(1/9]))
form mllst be submitted to this office. A COPy has been enclosed for your use.
13. A completed Plan Review Fee Determination
Schedule (DOH-]249 - Rev -1/0-1) form and fee (if
nccessarv) mllst be submitted to this office. A copv has been enclosed lor vour lIse.
_#\11 STATE OF NEW YORK
.W
Monticello District Office 50 North Street
Suite 2 Monticello NY 12701-1711
(845) 794-2045
Fax (845) 794-3165
Commissioner
August
8, 2007
Jacob Schwartz
Dov Goldman
359 Phillipsport Road
Spring Glen, N.Y. 12483
Re: Spring Mountain
Resort, Town of Mamakating
Dear Sirs:
A partial inspection of your facility was conducted on July 31,2007. This inspection indicated
significant correction of violations noted during prior visits and inspections. At the conclusion of the
inspection you were informed that, in order to be permit eligible, the following issues had to be resolved:
I.
2.
3.
4.
Obtain building permits from the Town of Mamakating for all new construction,
including
installation of two mikvahs in the basement of the main building.
Provide documentation
that the Summitville Fire Department will resume responding to fire alarms at
your facility.
Provide documentation
that the building fire alarm system does, or does not, require central signaling
and if central signaling is required, reactivate the central signaling alarm panel.
Repair and maintain the sewage disposal system.
As of this date these issues have not been resolved and you continue to operate without
Operation without a permit will result in appropriate enforcement action.
If you have any questions
at (845) 794-2045.
concerning
the requirements
for permit eligibility
Sincerely,
Mark Knudsen
District Director
Cc: F. Doolittle
C. Penna
P. Ferracane
Summitville
F. D.
Town of Mamakating
NYS DEC
a permit.
please contact this office

STATE OF NEW YORK DEPARTMENT OF HEALTH IN THE

Transcription

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