What's Going On?

It’s time to ask the question directly: What is going on with the State Department of Environmental Conservation and its steadfast refusal to get out of bed with sand mines on the South Fork?

It’s gone from confusing to baffling to aggravating, watching the DEC fiddle while state court orders are treated as inconsequential, and Southampton Town officials are left to try to clean up a mess they didn’t create and do not have the power to address.

Wainscott Sand and Gravel Corporation’s Sand Land mine in Noyac lost its permit to operate in February, when the state’s highest court annulled it. But the Group for the East End, which is keeping a close eye on the operation, sees evidence of mining-related activities at the property. They even took photos to document it.

But who to complain to? Southampton Town officials have struggled to enforce the court’s directives. The DEC typically regulates the mining activities, but Southampton Town is a rare place where the town supersedes the state authority.

The ruling that annulled the Sand Land permit ordered the DEC to formally ask the town about any preexisting right to continue mining. This is purely performative: The town has said many times that no such right exists. All that’s needed now is a request and an answer.

But the DEC went further, asking for proof — something not required by the court. Which is where it’s prudent to stop and ask: Why? Other than stalling, to benefit the operation, why would the DEC ignore the judge’s clear direction and ask for something more than is needed?

Town officials are keeping a close eye on the site now and will make the DEC aware of any violations. Remember, no permit means no activity at the site. The town filed a formal complaint with the DEC. Its Building Department has filed a stop-work order and issued citations. Town Hall is doing its level best to hold Sand Land accountable to a clearly rendered court decision. It’s doing its job.

Where is the DEC? A department tasked with protecting the environment appears willing to sit on its hands in a case with clear implications for the groundwater, which potentially would be impacted by continued mining at the site. That was the basis of the town’s opposition to an extension of the mining permit.

This week, it was good to see the DEC take some action — though issuing violations on a permit that was exhausted a decade ago is a move that baffles town officials and has arguably little impact on the current situation. Meanwhile, as of Wednesday, there were new reports of activity at the site.

Simply put, the sand mining at the site should be done — period. That everyone seems to agree, including the state’s highest judicial body, and still it’s been so difficult to enforce is a matter of serious concern. The DEC is often a faceless entity; even so, it’s losing face here, and it owes Southampton Town and its citizens an explanation, if not an apology.