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 tomorrow, April 21. Please email pressoffice@dec.ny.gov to rsvp for this event.