New York Judge Rules Against Composting Center

NEW YORK – A controversial city composting center on public parkland in Old Mill Creek may be one step closer to going down the tubes.

Local critics of the 20-acre facility are hailing a recent judge's ruling that the city may have overstepped its bounds by placing it on a swath of undeveloped parkland in the far southern corner of East New York.

The Concerned Homeowners Association and other advocacy groups have been battling the center since the Sanitation Department opened it in Spring Creek Park in September 2001.

The center took in leaves, discarded Christmas trees and landscape materials until its operations were suspended in early 2002 due to cuts to the city's recycling program. It was slated to open again this fall.

Opponents of the center, including the environmental group NY/NJ Baykeeper, the Municipal Art Society and New Yorkers for Parks, argue that it is illegal to use parkland for non-park uses without approval from the legislature.

But the city argues that the center is a parks-related use since it provided composting for city parks and so is not a case of "alienation of parkland."

However, in an Aug. 30 ruling, an administrative law judge from the state Department of Environmental Conservation (DEC) agreed with the advocates and ruled that "it is likely that the project would constitute alienation of parkland."

The Sanitation Department and the DEC, which issues permits for such facilities, can appeal the preliminary ruling. The issue would then go before DEC Commissioner Erin Crotty, who could either overrule and throw out the ruling or support it and send the dispute to a hearing, advocates say.

Ronald Dillon of the Concerned Homeowners Association says the ruling was a preliminary victory for the community.

"It's very good. We want this place out of here," says Dillon who vows to continue the fight. "I think we're going to win. The judge is saying that the city's position that this is a park use doesn't seem to be tenable."

Assistant Sanitation Commissioner Steven Brautigam says the city planned to appeal.

"We are disappointed with the administrative law judge's ruling on the Spring Creek Composting Facility, which will delay the issuance of a permit for this well-designed recycling facility intended to benefit city park soils," Brautigam says.

City Controller William Thompson, who has supported the composting center's critics in their fight, applauded the initial ruling and urged Sanitation and the DEC to drop the matter and remove the facility from the park.