LARCHMONT, NY (October 25, 2026) — The New York State Department of Environmental Conservation has announced a referral of the Village of Larchmont to its Office of General Counsel for formal enforcement over environmental violations at Flint Park, according to newly obtained state correspondence. The referral follows the discovery of buried landfill waste during construction and a separate violation involving the Village’s failure to stabilize disturbed soil after work was halted in August.
The Village faces potential penalties of up to $37,500 per day per violation under state environmental law, according to an October 1 email from DEC Regional Materials Management Engineer Douglas Upright. The warning concerns violations of the state’s construction stormwater permit requirements. The correspondence does not establish that any fines have been assessed.
On October 1, the Village issued a misleadingly reassuring public statement describing the problems at Flint Park as an unexpected discovery of historic waste that had been contained. That same day, DEC notified Village officials that the matter would be referred for formal enforcement, citing continuing environmental violations and warning of potentially substantial financial penalties.
The contrast between the Village’s public statements and DEC’s correspondence has persisted as the Village continues to address the halted rehabilitation of Flint Park Fields A and B. In a newsletter distributed Sunday, October 25, the Village announced that it had retained specialized legal counsel and was seeking an environmental engineering firm to assist with containment and remediation, but made no mention of the enforcement referral or potential financial penalties.
In his October 1 email, Upright rejected the Village’s characterization of the buried material and its position concerning DEC approval requirements. He said the disturbed material qualified as solid waste regardless of whether it constituted municipal solid waste, and that the excavation required prior authorization from the department.
“The materials described in your response are solid wastes, regardless of whether they are MSW, and the disturbance of this area required prior approval from the department,” Upright wrote.
He also rejected the Village’s latest submission as insufficient to authorize its proposed use of the site. DEC directed the Village to submit a landfill reclamation registration application and feasibility study work plan under state solid waste regulations, explaining that further investigation would be necessary to establish the extent of buried waste and the measures required to protect public health and the environment.
Upright identified another violation involving the failure to stabilize soil disturbed by construction. Although work had stopped August 19, he said stabilization measures required under the State Pollutant Discharge Elimination System construction general permit had not been implemented.
“Violations of the GP are a violation of 6 NYCRR 750 and Article 17 of the ECL and subject to fines of up to $37,500 per day per violation,” Upright wrote. He directed the Village to apply mulch or other temporary stabilization measures immediately to prevent dust migration and reduce the potential discharge of contaminated runoff.
“This matter will be referred to our Office of General Counsel for formal enforcement,” Upright wrote, adding that DEC expected to schedule a compliance conference.
The stormwater violation adds another dimension to the regulatory problems confronting the Village. In September, DEC had also questioned the proposed drainage system for the renovated fields, warning that plans appeared to allow stormwater to infiltrate buried landfill material. Upright stated in a September 11 email that infiltration of stormwater into a landfill was not approvable.
The October 1 enforcement warning was not the Village’s first indication of serious environmental problems at the site. DEC issued a Notice of Violation on August 20 and subsequently directed the Village to prepare a professionally certified plan to replace the landfill cover that state regulators said had been removed without approval. DEC also repeatedly demanded protective measures against exposure to buried waste, dust, odors and runoff, reporting on September 3 that waste remained exposed and that the Village had failed to provide the required documentation of protective measures.
By September 11, DEC had raised additional concerns about the adequacy of the Village’s environmental investigation, the disposal of excavated material and the proposed drainage system. State regulators said the preconstruction soil investigation was too limited to support decisions about the site’s future use, noting that only three deeper test pits had been performed.
Despite those earlier warnings, the Village’s October 1 public announcement described the discovery of municipal waste as unexpected and confined to one localized area encountered during installation of a stormwater manhole. The Village said preconstruction testing had found conditions consistent with ordinary urban fill but had not identified waste indicators.
“The issues have been contained. The rest of Flint Park remains safe and enjoyable for residents and visitors alike,” the Village stated.
The Village also said it was working cooperatively with DEC and would resume construction once the state provided guidance on the appropriate next steps. Its announcement did not disclose that regulators had determined the landfill cover had been disturbed without authorization, that significant questions remained about the environmental investigation or that DEC had identified deficiencies in the proposed drainage system.
The discrepancy between the public account and the regulatory correspondence was not addressed at the Village Board’s October 19 meeting, where officials essentially repeated the earlier explanation of the project delays without discussing DEC’s enforcement escalation, according to a person who attended the meeting.
The Village’s October 25 newsletter provides a new public acknowledgment of additional legal and environmental consulting assistance. The announcement comes more than three weeks after DEC notified the Village that the matter would be referred for formal enforcement.
“Many residents have reached out regarding the status of Flint Park and we understand there are many unanswered questions,” the Village stated. It said it was working cooperatively with DEC to develop mitigation, remediation and monitoring measures and had secured the affected area with signage to prevent public access.
“The Village has retained specialized legal counsel and is working to engage an environmental engineering firm to assist with the next steps for containment and remediation,” the newsletter stated. The Village said it would share the required actions and anticipated timelines once a plan was finalized.
The newsletter did not identify the newly retained legal counsel, provide an anticipated remediation cost or explain the status of DEC’s enforcement referral. It also did not address the state’s warning of potential daily penalties.
The Village’s March 2 preconstruction soil sampling report, prepared by Tim Miller Associates, had already documented elevated concentrations of certain metals and semi-volatile organic compounds in soils at Flint Park, along with evidence of ash and other fill material. The consultant recommended that excavated soil be taken to facilities licensed to receive the material.
DEC’s subsequent correspondence makes clear that disposal of excavated soil alone would not resolve the regulatory questions involving the buried landfill. The agency has required further investigation and plans for restoring the protective cover before approving the proposed use of the affected area.
Nearly four weeks after the Village’s October 1 announcement, its latest public update acknowledges the need for specialized professional assistance but still does not tell residents that DEC has announced a formal enforcement referral or warned of potential financial penalties.
RELATED
Larchmont Knew Flint Park Soil Was Contaminated Months Before Construction Led to DEC Violations (10/19/2026)
Larchmont Residents Get First Chance to Question Officials About Flint Park Shutdown at Monday Board Meeting (10/18/2026)
Larchmont Halts Flint Park Fields Project After Waste Discovery (10/10/2026)
Larchmont Announces Renovation of Flint Park Fields A & B (5/14/2026)
Flint Park Day Camp Registration Now Open in Larchmont (3/23/2026)
This article was prepared with the assistance of AI tools under the direction and editing of Robert Cox.
Have information about this story? Email robertcox@talkofthesound (preferred) or contact via WhatsApp: +353 089 972 0669.
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