A State Supreme Court justice has approved Southampton Town's request for a preliminary injunction against Sand Land, a mine in Noyac owned by John Tintle, preventing the mine "from processing trees, brush, stumps, leaves and other clearing debris into topsoil or mulch and from storing, selling, or delivering mulch, topsoil, and wood chips."
State Assemblyman Fred W. Thiele Jr. announced the news on Monday and called it "a major victory for the environment." Local municipalities, environmental advocacy groups, and citizens have asserted certain activities at the mine have led to contamination of groundwater with heavy metals and other substances, which a past report by Suffolk County appears to have confirmed.
"There is still plenty of work to be done with regard to the mining operations at Sand Land that have posed a real and continuing threat to our environment and the viability of our drinking water," Mr. Thiele said in a statement.
Brian Matthews, the East Hampton attorney who represents Sand Land, disputed the credibility of Mr. Thiele's announcement because recent water sampling, a condition of the mine's permit, has found no evidence of contamination. He also said the Environmental Protection Agency and New York State Department of Environmental Conservation have questioned Suffolk County's findings and found that the levels of heavy metals are "naturally occurring and do not present a risk."
In April, Sand Land received an updated permit from the D.E.C. allowing it to accept crushed stone, crushed concrete aggregate, and finished compost, which were previously not allowed. Southampton Town recently served the mine a new cease-and-desist order, saying those activities still needed local approval.
"With regards to the recent injunction decision, it must first be made clear that the recent decision addresses neither of the recent permits issued by the [D.E.C.], and was not issued based on any finding of adverse environmental impacts," Mr. Matthews said.
He concluded, "At this juncture, the Assemblyman's disregard of these facts to advance a false narrative is willful and actionable."
