The state attorney general’s office said the illegal dump at 10 Church Road cannot be added to an $8-million judgment against Joseph and Rachel Karolys, but opened the door to sharing some of the money with the town should it collect. The communication was in response to a July 12 letter asking to be included in the case brought against the Karolyses over illegal waste disposal at three sites in Saugerties.
In a November 20 letter, Lemuel Srolovic, environmental protection bureau chief for attorney general Letitia James, noted the office was still in litigation over a complaint against 29 hauling companies and associated individuals related to illegal activities at Karolys’ disposal sites.
The letter said James’ office was pursuing legal avenues to collect on the judgment and the complaint against the haulers.
“If and when our office is able to collect on the judgment against the Karolyses and/or obtain monies from the action against the haulers, our office will review the facts associated with all sites impacted by the Karolyses’ activities — including the 10 Church Road site — in determining how and where any monies should be spent.”
This is the first time anyone from James’ office has responded in writing to the town’s July letter, A high-level staff member did meet with town officials this summer. In July, Casandra Walker, associate director of legislative affairs and a regional director of intergovernmental affairs, met with councilmember Anula Courtis and town supervisor Bill McKenna and attended a forum on water organized by Courtis.
McKenna said he didn’t hold out much hope for money but wanted to know more about the fill.
“My initial query to the AG was, you got a big fine in Saugerties. Why? What was the crime committed? And does that crime carry over to Shady?” McKenna asked. “So when they brought the fill into Saugerties, obviously there was a crime committed. What was it, exactly? And by moving it to Shady, is that still part of the crime?”
McKenna said he followed up and was waiting for a response.
“I’m less concerned about the money at this point and more interested to better understand whether or not we should be worried about the material that was brought in from Saugerties to Shady. So that’s really what I would like them to take a look at,” he said. “At the end of the day, it would be great to get funding if we need to do further cleanup, but based on our law, if somebody indicated to us there was still a health issue there, we could use our local law, which allows us to force a cleanup and have the property owner pay for it.”
The town could clean up and levy it back on the owner’s taxes. “I need somebody to say, you still got a problem,” explained McKenna.
The state Department of Environmental Conservation has stated the remaining fill doesn’t pose a danger. “The fact that DEC doesn’t see an issue there, to me, closes the door on the town taking any further steps,” McKenna concluded.
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