Yager/Mcguire Property

1916 State Rt 28, Old Forge

Overview

YAGER/MCGUIRE PROPERTY (Spill #1105808) is a program facility involved in a spill incident in OLD FORGE recorded by the Division of Environmental Remediation of NYS Department of Environmental Conservation (DEC). The contributing factor is Other. The inclident source is Private Dwelling. The spill occurred on August 22, 2011. The received date is August 22, 2011. The case was closed on August 28, 2012.

Spill Information

Spill Number1105808
Program Facility NameYAGER/MCGUIRE PROPERTY
Address1916 State Rt 28
Old Forge
CountyHerkimer
Spiller NameeLIZABETH mCgUIRE (cO-OWNER)
Spiller Address8733 Thompson Road
hOLLAND pATENT
NY 13354
999
Contact NameECO RITZEL
Telephone(315) 489-3907
SWIS Code2254
DEC Region6
Spill Date2011-08-22
Received Date2011-08-22
Close Date2012-08-28
Inspected Date2011-08-23
Contributing FactorOther
SourcePrivate Dwelling
DEC LeadRAFURLON
Reported ByOther
Happened After HoursFalse
Material Name#2 fuel oil
Material FamilyPetroleum
Material ClassificationB3
Meet StandardsTrue
PenaltyFalse
Federal UST Trust EligibleFalse
Site ID453475
Program TypeER
Facility ID408089
Caller RemarkECO enroute due to burning of trailer at Bldg Inspector request. Also noted was a fuel oil tank and now a sheen in the area. REQUEST RESPONSE TO SCENE
DEC Remark8/22/2011: ON SITE W/OFFICER RITZEL, TWO GENTLEMEN FROM TOWN OF WEBB CODES DEPT, AND ROBERT YAGER. MR. YAGER STATED THAT HIS FATHER GEORGE YAGER HAD PURCHASED THE PROPERTY APPROXIMATELY 2 WEEKS PRIOR AND PUT THE PROPERTY IN HIS AND HIS SISTER'S (ELIZABETH MCGUIRE) NAME. AT THE TIME GEORGE WAS UNABLE TO BE LOCATED FOR QUESTIONING. ROBERT STATED THAT HE WAS AWARE THAT HIS FATHER WAS GOING TO DEMO THE STRUCTURE ON THE PROPERTY WAS SURPRISED TO DISCOVER THAT GEORGE HAD BEEN BURNING THE C&D ON SITE AND THAT HIS DEMOLITION EFFORTS RESULTED IN A 275 GALLON FUEL OIL TANK TO BE OVERTURNED CAUSING A SPILL. ROBERT WAS ISSUED TWO TICKETS FROM OFFICER RITZEL. ONE FOR OPEN BURNING AND THE OTHER FOR ILLEGAL DISPOSAL OF A HAZARDOUS MATERIAL, SINCE THERE HAD NOT BEEN A PROPER ASBESTOS ABATEMENT SURVEY DONE. PRIOR TO LEAVING THE SCENE, ROBERT WAS ABLE TO RECOVER APPROXIMATELY 30 OF THE APPROXIMATELY 70 GALLONS OF REMAINING PRODUCT IN THE TANK WITH THE USE OF HAND PUMPS AND SEALABLE 5 GALLON PALES. THE TANK OPENING WAS SEALED WITH A METAL BUNG AND THE REMAINING PRODUCT WAS LEFT TO BE REMOVED BY THE CLEANUP CONTRACTOR THAT THE YAGER/MCGUIRE'S INTEND TO HIRE TO OVERSEE THE REMEDIATION. (RF) 8/23/2011: TELECON W/ROBERT YAGER. HE PROVIDED ME WITH HIS FATHERS HOME NUMBER, AND ASKED THAT I SPEAK WITH GEORGE REGARDING THE CLEANUP. CALLED YAGER RESIDENCE, GEORGE NOT AVAILABLE, LEFT MESSAGE W/MRS. GEORGE YAGER.(RF) 8/24/2011: TELECON W/GEORGE YAGER. CONFIRMED STORY FROM SON. RP LETTER SENT TO GEORGE AS THE RESPONSIBLE PARTY AND BOTH HIS SON AND DAUGHTER, CO-OWNERS OF THE PROPERTY. (RF) 8/31/2011: TELECON W/RICHARD MOORE FROM DAKOTA ENVIRONMENTAL. MR MOORE INFORMED ME THAT THE CONTAMINATED DEBRIS WAS ALSO CONSIDERED AS BEING ASBESTOS CONTAINING DEBRIS AS A RESULT OF THE BUILDINGS VINTAGE AND THE DEMOLITION W/O A PROPER ASBESTOS SURVEY. TELECON W/GEORGE YAGER. I EXPLAINED THE ASBESTOS ISSUE AND HOE IT RELATES TO THE CLEANUP OF THE SPILL AND PROPERTY. (RF) 9/20/2011: RECEIVED AND REVIEWED THE ASBESTOS SURVEY FOR THE YAGER-MCGUIRE PROPERTY. THE SURVEY INDICATED NO ASBESTOS. (RF) 9/29/2011: ONSITE. DAKOTA BEGAN EXCAVATING. PRIOR TO EXCAVATING THE CONTAMINATED SOIL AND DEBRIS, MR. YAGER REMOVED SOME OF THE CONSTRUCTION DEMOLITION DEBRIS. ANYTHING THAT WAS CONTAMINATED WAS SEGREGATED FOR PROPER DISPOSAL. (RF) 9/30/2011: ONSITE. DAKOTA TOOK A GRAB SAMPLE FROM THE WELL. NO SIGNS OF CONTAMINATION WERE PRESENT. (RF) 10/03/2011: ONSITE. DAKOTA FINISHED UP THE EXCAVATION AND TOOK CONFIRMATORY SAMPLES. WAITING ON CLOSURE REPORT. (RF) 3/19/2012: SENT RP FOLLOW UP LETTER. (RF) 4/27/2012: RECEIVED AND REVIEWED CLOSURE LETTER. NO FURTHER ACTION REQUIRED. (RF) 8/29/2012: CLOSURE LETTER SENT. (RF)
Create Date2011-08-22
Record Update Date2012-08-29 08:00:07.250000000

Spiller Details

Spiller NameSpiller CompanySpiller AddressContact NameTelephone
eLIZABETH mCgUIRE (cO-OWNER)8733 Thompson Road, hOLLAND pATENT, NY 13354, 999ECO RITZEL(315) 489-3907
GEORGE YAGER6442 Dix Road, Rome, NY 13440, 999ECO RITZEL(315) 489-3907
ROBERT YAGER (CO-OWNER)Box 239, Thendera, NY 13472, 999ECO RITZEL(315) 489-3907

Location Information

Street Address 1916 STATE RT 28
CityOLD FORGE

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Dataset Information

This dataset includes about 500,000 chemical and petroleum spill incidents that are recorded in the Environmental Remediation Databases of NYS Department of Environmental Conservation (DEC). Petroleum and hazardous chemical spills that can impact the waters of the state must be reported by the spiller. Each recored is registered with spill number, facility program name, spill location, spill date, received date, contributing factor, waterbody, source, spilled material and quantity, etc.

SubjectEnvironment
JurisdictionState of New York
Data ProviderNYS Department of Environmental Conservation (DEC), Division of Environmental Remediation
Sourcedata.ny.gov

Dataset Details

Under State law, petroleum and hazardous chemical spills that can impact the waters of the state must be reported by the spiller (and, in some cases, by anyone who has knowledge of the spills). This dataset contains records of spills of petroleum and other hazardous materials. Every year, DEC receives approximately 15,000 reports of confirmed or suspected releases to the environment. Approximately ninety percent of those releases involve petroleum products. The rest involve various hazardous materials, unknown materials, or other substances such as untreated sewage and cooking grease. Accidental releases of petroleum and/or other hazardous materials occur throughout New York State. Even small releases have the potential to endanger public health and contaminate groundwater, surface water, and soils.

Environmental damage from such releases depends on the material spilled, the quantity spilled and the extent of contamination. Many of these reports are releases of small quantities, typically a few gallons that are contained and cleaned up quickly with little or no damage to the environment. In other instances, material releases may seep through the soil and eventually into the groundwater, which can make water supplies unsafe to drink. Vapors from spilled materials may also collect in houses and businesses, creating potential indoor air health concerns or fire/explosion hazards. Uncontained spills, especially those that impact surface water, can kill or injure plants, fish, and wildlife, and cause damage to their habitats. Federal and State laws require prompt reporting of petroleum and other hazardous material releases to allow quick response. DEC responds to reports through the Spill Response Program. Both immediate response and continued cleanup vary depending on the type of material spilled and the resulting impacts to the environment. Federal and State law require the spiller, or responsible party, to notify government agencies and to contain, clean up, and dispose of any spilled/contaminated material in order to correct any environmental damage. This cleanup is typically undertaken by a qualified contractor hired by the responsible party. Any delay in containing or recovering a release allows contaminants to spread and may result in more extensive damage and more expensive cleanups. If the responsible party is unable or unwilling to do the necessary work, DEC will use its staff and contractors to complete the cleanup and seek to recover its costs from the responsible party. DEC can provide additional resources to local agencies during emergencies and will remain involved if continued cleanup of the environment is required. Continued cleanup is the responsibility of the spiller and is required if contamination and environmental damage remain after the initial containment and recovery. Continued cleanup may include determining the extent of contamination, selecting a cleanup technology, and completing remedial actions. DEC oversees the process to ensure the actions are protective of public safety, health and the environment pursuant to Article 12 Section 176 of the Navigation Law and regulations developed under Article 37 Section 105 of the ECL (i.e., 6NYCRR Parts 596-599).

This dataset includes records of spills of petroleum and other hazardous materials. Examples of what may be included in a spill record includes: Administrative information (DEC region and unique seven-digit spill number), Program facility name, Spill date/time, Location, Spill source and cause, Material(s) and material type spilled, Quantity spilled and recovered, Units measured, Surface water bodies affected, Close date (cleanup activity finished and all paperwork completed).

To give New Yorkers the access they deserve to government data and information, Governor Andrew M. Cuomo launched the Open NY initiative in March 2013 and signed Executive Order 95. It directs state agencies to identify, catalog, and publish their data on the state's open data website administered by the Office of Information Technology Services (ITS). Open NY increases transparency, improves government performance, empowers New Yorkers to participate in government, and encourages research and economic opportunities statewide.