By Andrew Coen
The company's departure was confirmed by the Department of Environmental Conservation. "We are aware that they have ceased operations," said DEC spokesman Bill Fonda.
According to Elisa Hinken, a member of the Inwood Civic Association and an outspoken opponent of the plant, there has been no activity at the site for three weeks and all machinery is gone except one excavator, but the enormous mound of dirt remains. The company recycles soil, concrete, rock, asphalt and pavement, and typically, the ground-up debris is sold as a base for roads, but residents say Aragona has let the residue lie dormant.
"Although Joe Aragona made feeble attempts to comply with DEC rules and regulations, he was apparently unable to adhere to any type of regulatory compliance in a consistent manner," said Hinken. "He did not produce documents as promised, failed to follow through with requests from the community, DEC and the deputy town attorney."
Hinken is hopeful that Aragona's ceasing operations means that the site will be cleaned up. "I've been told no business can operate on that site until there is a total cleanup," she said. "I look forward to the site being totally cleaned up by Mr. Aragona as per his agreement with the DEC."
The DEC tested the site in March 2001 for metals, PCBs and pesticides, but no contaminants were found.
But Hinken is also concerned that another company will take over the site. "I think he's holding the site for another operator to come and take over the project," she said.
The DEC said that could be a possibility. "Potentially, a new operator could come into the site, but they would have to meet all the standards we have," said Fonda.
Nathaniel Swergold, an attorney for Sanitary District No. One, which is located across the street from the New York Depot and has opposed the facility's operation and Aragona's methods, said, "I'm hopeful that it will be resolved very shortly for all of those who are concerned."
Opposition to the depot at the Bay Boulevard site by Inwood residents, the business community and the Inwood Civic Association began in 2000.
On February 28, 2001 the DEC issued registration to New York Depot with the agreement that the company would post a $500,000 bond with the Department of Transportation, which owns the site. The bond was required to ensure that the company would clean up the site if it vacated the area. The DEC rescinded the registration on April 2, 2001 for non-payment of the bond. The company then posted the bond, and the registration was returned to New York Depot on July 10, 2001.
On January 4, 2002 the DEC again rescinded the facility's registration, this time ordering it to clean up the site in preparation for its closing, because it failed to adequately reduce the height of the dirt piles. Aragona and his attorney at the time, William Cohn, appeared at a public hearing before the Town of Hempstead Board of Zoning Appeals to seek a permit to operate after the town's Building Department denied one to the company because it had generated noise, dust, dirt and vibration.
The registration was returned on April 8, 2002, with Aragona signing consent orders with the state that put limits on the height of the dirt piles at the facility.
Since the opposition formed in 2000, the heights of the mountains of dirt have been cut nearly in half, from 70 feet to approximately 35 feet. The volume of materials has also been reduced from 240,000 cubic yards to approximately 150,000 cubic yards.
Aragona and his new attorney, Milton Jonas, could not be reached for comment.
