ALBANY - Tilcon New York Inc. will pay a $250,000 penalty and fund another $100,000 in environmental education projects under an agreement to settle numerous violations at the company's asphalt plant and quarries in the Hudson Valley, New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis announced today.

The settlement covers water, air and mining violations at Tilcon operations in West Nyack, Haverstraw and Poughkeepsie. Inspections in 2008 found a variety of problems, including discharging cloudy, insufficiently treated water into the Hackensack River, spilling aggregate materials into the Hudson River, failing to maintain a slurry line that failed several times and released sediment into the Hudson and operating beyond the physical boundaries of its mining permit. The agreement allows for $100,000 of the penalty to be suspended if Tilcon meets new requirements to operate its facilities in compliance with state environmental law.

"Because these facilities operate in such proximity to New York's waterways, it is critical they adhere to stringent requirements meant to protect the public and the environment," Grannis said. "Our investigation found a number of problems at Tilcon's facilities in the Hudson Valley. But with this settlement, we have put in place conditions and incentives that should improve the company's operations, while providing a valuable benefit to environmental education programs."

Commissioner Grannis noted that the successful enforcement action involved many parts of the agency, including Environmental Conservation Officers and staff specializing in natural resources and environmental quality programs.

The environmental group Riverkeeper issued a statement praising the settlement.

“We are very pleased to see Tilcon’s historic pollution of the Hudson fully addressed by the DEC in this agreement, and applaud the DEC for aggressively negotiating a ‘global consent decree’ that, once implemented, will contribute greatly to a cleaner Hudson River”, said Alex Matthiessen, Hudson Riverkeeper and President..  “Since 2006 Riverkeeper has investigated and reported numerous water quality violations by Tilcon to the DEC, and we are heartened by DEC’s response.”

Riverkeeper attorney John Verleun says their role, going forward, is to keep an eye on Tilcon.

“We will be out on the river and we will continue to monitor.  If we see violations that are ongoing or if we see new problems, or it looks like Tilcon is not complying with the order, it is completely within our ability, as a citizen group, either to gather evidence and turn it over to the DEC, and say ‘look, they’re not following what they are supposed to’, or to initiate our own actions.”

The agreement includes a $100,000 Environmental Benefit Project (EBP) to be administered by the Hudson River Sloop Clearwater. The money will help fund the "Clearwater Center for Environmental Justice and Leadership," which will serve youth in the Hudson Valley by offering a variety of science, environmental and outdoor education programs.

The purpose of the center will be to educate our youth and generate interest in the environment at a young age

"The DEC settlement with Tilcon wisely turns environmental pollution into an environmental solution," said Jeff Rumpf, executive director of Clearwater. "These funds will go toward the completion of the Clearwater Center for Environmental Justice and Leadership in Beacon, where our education programs will be expanded to better connect the next generation of environmental leaders with career opportunities in the emerging green economy."

Tilcon New York Inc. has its headquarters in West Nyack, quarries in West Nyack, Haverstraw and Poughkeepsie, and an asphalt plant in Poughkeepsie. Regional Director Janeway acknowledged Tilcon for cooperating throughout the negotiations and for moving quickly to address the non-compliance issues.