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From Atlantic Yards Watch: a truck leaves the railyard site, gets wheels washed for dust, but dirt remains uncovered; state calls it "isolated incident"

As reported by a sharp-eyed Prospect Heights resident on Atlantic Yards Watch, on 7/19/11, at 1:20 pm, a dump truck leaving the railyard site got its wheels washed, but exited without any tarp over the dirt.

That violates the December 2009 Amended Memorandum of Environmental Commitments (text below), a contract signed with the Empire State Development Corporation [ESDC).

Official response?

Yesterday I queried the ESDC regarding what steps or penalties might be taken in response.

"ESD and its consultants are aware of the issue, which appears to be an isolated incident," responded spokeswoman Elizabeth Mitchell. "We have made clear our expectation that these project requirements be strictly enforced to reduce the possibility of violations and have been assured of increased attention to this matter."

That sounds like: if you do it again, we'll slap your wrist, but you're OK for now.

The truck heads out

The wheels are washed

The truck exits, uncovered

According to the Amended Memorandum of Environmental Commitments:
4. Air Quality
(a) FCRC [Forest City Ratner Companies] shall require its contractors to implement dust suppression measures, including the following:

...(vi) Covering all trucks carrying loose material such as debris, excavate or fill, and verifying that covers on all such trucks have been properly sealed. Outgoing trucks shall be inspected at the gate, and not allowed to exit if covers are not properly sealed.

(vii) Washing the wheels of all trucks as they exit from the site. A washing station shall be constructed at each truck exit, whereby truck wheels shall be washed, and the water shall be contained and recycled to avoid tracking mud out of the site.

Amended Memorandum of Environmental Commitments for The