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Letter: Right to clean air escapes the DEC

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I would like to elaborate on a couple of issues in The Advocate column ("Where there's dense smoke there's ire," Jan. 13):

As a retired employee of the state Department of Environmental Conservation in the Division of Air Resources, the 1971 law referenced does protect the Lichaks' right to clean air. The law contains the general nuisance provision that prohibits emissions of air contaminants to the outdoor atmosphere in either quantity, characteristic or duration that would unreasonably interfere with the comfortable enjoyment of life or property.

Further, DEC's mission states: "To conserve, improve and protect New York's natural resources and environment and to prevent, abate and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well-being."

If DEC wants to pass the ball because the problem now originates from inside the neighbor's dwelling, why will the state Department of Health not step up? Its mission is as follows: "We protect, improve and promote the health, productivity and well-being of all New Yorkers."

This is a bureaucratic nightmare for this family and government at its worst. The Lichaks have fought to get their home back and they have tried to work within a system that seems to offer no protection to the citizens.

This situation of one home's wood smoke impacting the health of a neighboring family occurs all around our state.

BARBARA NUFFER

Averill Park


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