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Urgent Enforcement Amended Final

DEC Fines Dolomite Products Company $135K for Quarry Blast Damaging Park

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Summary

NY DEC executed an Order on Consent with Dolomite Products Company Inc., imposing a $135,000 civil penalty for a September 15, 2025 blast at the Penfield Quarry that expelled 22 rocks—including a 40-pound rock traveling approximately 1,345 feet—into adjacent Penfield Town Park, damaging a children's playground, pickle ball court, and a vehicle. The company paid $105,000 immediately, with $30,000 suspended contingent on adherence to a Schedule of Compliance requiring updated blasting plans at all eight DEC-permitted quarries.

“Under the terms of the Order on Consent, Dolomite paid a civil penalty in the amount of $135,000 with $105,000 immediately payable to DEC and the remaining $30,000 suspended, conditioned upon Dolomite's adhering to a Schedule of Compliance in the Order.”

NY DEC , verbatim from source
Why this matters

NY DEC's investigation identified four specific failure modes that led to the fly-rock incident: fractured rock mass from prior blasting, undetected voids, natural angular joints intersecting the rock face, and non-vertical drill holes. Mining operations using blasting should review their geological assessments and drilling practices against these documented failure modes. The Schedule of Compliance requiring updated blast plans across all eight of Dolomite's DEC-permitted sites indicates that multi-quarry operators face enterprise-wide compliance obligations following a single incident.

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What changed

NY DEC's Order on Consent with Dolomite Products Company Inc. imposes a $135,000 civil penalty following an investigation into a September 15, 2025 blasting incident at the Penfield Quarry. Investigators identified contributing factors including a rock mass fractured by prior blasting, an undetected void in the rock, natural angular joints intersecting the rock face, and non-vertical drill holes—all of which can result in insufficient containment of blasting energy. The blast expelled 22 rocks into adjacent park property while the park was open to the public, causing substantial damage but no injuries.

Mining operators with DEC-permitted quarries should note that fly-rock incidents resulting in damage to public areas carry significant financial consequences under New York State mining regulations. The Schedule of Compliance imposed on Dolomite requires updating blast plans across all eight of the company's permitted quarries, signaling that NY DEC expects facilities to review and strengthen their own blast containment protocols. Operators should assess their blast plans against the failure modes identified in this investigation.

What to do next

  1. Update blasting plans at each of its eight DEC-permitted quarries to include safety protocols that will minimize the potential for future fly-rock incidents

Penalties

$135,000 civil penalty ($105,000 immediately payable to DEC; $30,000 suspended contingent on adherence to Schedule of Compliance)

Archived snapshot

Apr 21, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

April 20, 2026

DEC Announces Enforcement Action Against Dolomite Products Company Inc.

State Fines Construction Mining Company $135,000 for September 15, 2025 Incident at Penfield Quarry that Damaged Public Park, Children’s Playground

New York State Department of Environmental Conservation (DEC) Commissioner Amanda Lefton today announced the execution of an Order on Consent with Dolomite Products Company Inc. (Dolomite), in Penfield, that includes a $135,000 penalty following an errant blast at its Penfield Quarry on September 15, 2025. The blast launched rocks and debris into a nearby public park one-quarter mile away.

“DEC took immediate action to hold Dolomite accountable for its unacceptable failures in last September’s blast at its quarry that impacted a nearby recreational area – including a children’s playground – in clear violation of its mining permit,” Commissioner Lefton said. “Although the incident resulted in propelling nearly two dozen rocks and resulted in substantial damage to the playground, a pickle ball court, and a nearby vehicle, thankfully no injuries were reported. Incidents like this have the potential for deadly consequences and DEC will ensure regulated facilities face consequences when they fail to comply with New York State’s strict rules and regulations in place to protect communities and the environment.”

The blast resulted in 22 rocks expelled from the Penfield Quarry and into the adjacent Penfield Town Park on Whalen Road, including one 40-pound rock that came to rest approximately 1,345 feet from the blast site. At the time of the blast, the park was open to the public and occupied. Those visiting the park and courts did not sustain injuries as the result of the falling rocks.

Staff from DEC’s Mineral Resources, along with three Environmental Conservation Police Officers, and federal Mine Safety and Health Administration personnel immediately responded to the site of the incident. DEC’s Mined Land staff issued a Notice of Violation ordering Dolomite to cease and desist from blasting at the quarry during the ensuing investigation and until further notice from DEC.

DEC’s investigation of the event determined that contributing factors to the incident may have included: a rock mass fractured by previous blasting, the presence of an undetected void in the rock, natural angular joints intersecting the rock face, and/or non-vertical drill holes. A combination of any of these factors can result in a rock mass that is insufficient to contain the energy of the blasting, which could have caused the rock to be propelled beyond the mine into the adjacent park.

Under the terms of the Order on Consent, Dolomite paid a civil penalty in the amount of $135,000 with $105,000 immediately payable to DEC and the remaining $30,000 suspended, conditioned upon Dolomite’s adhering to a Schedule of Compliance in the Order. Included in the Schedule of Compliance is a requirement that Dolomite update the blasting plans at each of its eight DEC-permitted quarries to include safety protocols that will minimize the potential for future fly-rock incidents.

NOTE: DEC is hosting a live media availability on April 21. Please email [email protected] to rsvp for this event.

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6274 E Avon-Lima Rd
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Named provisions

Order on Consent Schedule of Compliance

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Last updated

Classification

Agency
NY DEC
Filed
April 20th, 2026
Instrument
Enforcement
Branch
Executive
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Manufacturers Mining operators Construction firms
Industry sector
2120 Mining
Activity scope
Quarry blasting Mining permit compliance Fly-rock incident response
Geographic scope
New York US-NY

Taxonomy

Primary area
Environmental Protection
Operational domain
Compliance
Topics
Mining Surface Mining Occupational Safety

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