Huber’s company was working on site excavations at Ryan Homes Willow Woods subdivision off Taylor Road Hamburg a year later when it found black-colored material “visibly distinct” from the native brown soil. According to a formal consent decree from the DEC dated March 20, 2017,
DEC staff went to Willow Woods in January 2017, after receiving an anonymous tip that the material was being shipped to 6170 Seneca. They observed Huber’s workers loading the dark-colored material onto dump trucks.
Huber informed the DEC staff that an environmental consultant firm had evaluated the stockpiled material and determined it was not suitable for residential development.
Huber ceased removing the material from Willow Woods after being asked by the DEC. The consent order states that DEC staff drove to Huber’s property at 6170 Seneca to see a bulldozer spread the dark material. 17 truckloads of material totaling 300 tons were removed from Willow Woods and dumped on the Seneca property.
Huber was fined $7,500 by the DEC for five environmental violations. However, Huber was suspended for the first $1,500 unless Huber violated the order’s terms to stop disposal activities, install erosion control, clean up and remove 6170 Seneca, Willow Woods and contaminating soil and take it to a permit facility.