Broadcaster Winter/Spring 2008

TABLE OF CONTENTS

Contested Disinterments: Where Should the Cemetery Stand? click here
President’s Message click here
NYSAC Mass Fatality Committee Report click here
A Historical Overview of the New York Worker's Comp System click here
“The Evergreens” Cemetery Granted National Historic Place Status click here
10 Simple Ways to Make a Difference click here
Web site News - Have You Checked Out www.nysac.com Lately? click here
NYSAC Cremation Committee Report click here
White Haven Memorial Park Acquires New Cemetery click here
Government & Legal Affairs Report click here
31st NYSAC Annual Public Affairs Seminar click here
New “Finds” at Green-Wood click here
Do you store gasoline, diesel fuel or heating oil at your Cemetery? click here

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CONTESTED DISINTERMENTS: WHERE SHOULD THE CEMETERY STAND?
By Timothy G. Griffin, Attorney at Law

In my last article for the Broadcaster, I attempted to explain the laws regarding the disposition of human remains and the manner in which a person can, prior to death, direct who may control the disposition of those remains. Absent the specific direction provided by the statute, the disposition of remains is governed by the hierarchy set forth in the statute. What happens, however, when a family desires to disinter the remains of a loved one and that person is not an owner of the grave or plot, say a surviving spouse? If objections to the disinterment are voices by the owners of the grave or plot, the matter quickly becomes complicated.

The initial recommendation that I would provide to any party requesting a disinterment in a contested situation is to obtain an order from a Court of competent jurisdiction. The applicable law governing disinterment of human remains is set forth in section 1510(e) of the Not For Profit Corporation Law of the State of New York. That section provides: A body interred in a lot in a cemetery owned or operated by a corporation incorporated by or under a general or special law may be removed therefrom, with the consent of the corporation, and the written consents of the owners of the lot, and of the surviving wife husband, children, if of full age, and parents of the deceased. If the consent of any such person or of the corporation can not be obtained, permission by the court of the county, or by the supreme court in the district where the cemetery is situated, shall be sufficient. Notice of application for such permission must be given, at least eight (8) days prior thereto, personally, or , at least sixteen days prior thereto, by mail, to the corporation or to the persons not consenting, and to every other person or corporation on whom service of notice may be required by the court.

As attendees of the Spring NYSAC Public Affairs Seminar have frequently heard me say: “When in doubt, request a Court order.” Of course, each request for a disinterment is different. There are different reasons for the disinterment, some of which are significant, others which are not. However, without the necessary parties required to sign off on a disinterment, as set forth in section 1510(e) of the Not For Profit Corporation Law, it is suggested that a cemetery should insist on a high standard to disinter the remains of one interred within the confines of the cemetery.

The law of this State is well settled. As (later Chief) Justice Fuld observed in Matter of Currier (Woodlawn Cemetery), 300 N.Y. 162, 90 N.E.2d 18: “The quiet of the grave, the repose of the dead, are not lightly to be disturbed. Good and substantial reasons must be shown before disinterment is to be sanctioned. (See Yome v. Gorman, 242 N.Y. 395, 403 [152 N.E. 126]; Matter of Ackermann, 124 App.Div. 684, 685 [109 N.Y.S. 228].) While the disposition of each case is dependent upon its own peculiar facts and circumstances and while no all-inclusive rule is possible, the courts, exercising a ‘benevolent discretion’, will be sensitive ‘to all those promptings and emotions that men and women hold for sacred in the disposition of their dead’. (Yome v. Gorman, supra, 242 N.Y., at p. 402 [152 N.E. 126].) And looming large among the factors to be weighed are the wishes of the decedent himself.” (p. 164, 90 N.E.2d 18)

Indeed the Court of Appeals has held the “good and substantial reasons” to permit a disinterment to be the “public policy” of this State. See Saperstein v. Commercial Travelers Mut. Acc. Ass’n,  36 N.Y.2d 79, 84, 324 N.E.2d 539, 541-542, 365 N.Y.S.2d 154, 158 (N.Y. 1975). As “public policy” of the State of New York, a high burden must be established to disinter human remains when the consent of all parties cannot be obtained.

Where application is made to a court seeking the disinterment of human remains, there are a number of factors that are considered by the court in its determination. See Frost v. St. Paul’s Cemetery Association, 44 Misc.2d 589, 254 N.Y.S.2d 316 (Oneida County, 1964). In Frost, Judge John J. Walsh, recapitulated the main guidelines to be used as follows: “Where judicial sanction is sought to disturb the quiet of the grave, there must be considered (a) The deceased’s wishes to which deceased may have given expression during his lifetime. (b) The religious convictions of the deceased. (c) By whose direction the choice of situs of burial was made. (d) The desires and motives of those of close kin, especially of a spouse prompting a change in location. (e) The sanctity of sepulture.” Id. at 591, 254 N.Y.S.2d 316. Courts considering disinterment applications have followed the factors enunciated by Judge Walsh. See generally, Viscomi v. McGuire  169 Misc.2d 713, 716-717, 647 N.Y.S.2d 397,399 - 400 (N.Y.Sup.,1996).

Of paramount importance in the consideration of the disinterment is to determine if “good and substantial reasons” exist to permit the disinterment and permit the petitioner to disturb the “quiet of the decedent’s grave. see, Matter of Currier [Woodlawn Cemetery], 300 N.Y. 162, 164, 90 N.E.2d 18. Indeed, courts of this State have stated that a decedent’s wishes concerning his or her final resting place are of significant concern to courts in determining whether disinterment should occur (see, id.; Yome v. Gorman, 242 N.Y. 395, 402-403, 152 N.E. 126) and can prevail even over those of a surviving spouse (see, Matter of Costa [St. John’s Church], 274 App.Div. 872, 83 N.Y.S.2d 226, affg. 83 N.Y.S.2d 65). Emphasis supplied.

It is submitted to the readers of this Article that prior to consenting to a disinterment the Cemetery should consider the factors set forth in Frost v. St. Paul’s Cemetery Association, 44 Misc.2d 589, 254 N.Y.S.2d 316 (Oneida County, 1964). For instance, what are the deceased’s wishes to which the deceased may have given expression during his lifetime? What are the religious convictions of the deceased? Who chose the burial location of the deceased? What are the desires and motives of those of close kin, especially of a spouse prompting a change in location? The cemetery should also consider the sanctity of sepulture i.e. the right to have one’s remains respected and undisturbed in his or her last resting place. The sanctity of sepulture is a protection afforded by the law. When the validity of the final resting place of a decedent is clearly shown, only some controlling public reason or superior private right may compel a disturbance of sepulture. See Matter of Currier (Woodlawn Cemetery), 300 N.Y. 162, 90 N.E.2d 18.

When these factors are considered in a contested disinterment application, it is submitted that the cemetery will provide the service to those interred within the grounds of the cemetery but also fulfill their respective obligations as guardians and caretakers of the dead.

President's Message
Dear Members of the New York State Association of Cemeteries,
Your Association has been hard at work addressing issues impacting us all, improving our communication and reaching out to new members.

As we all confront the issue of the proper handling of the cremated remains of the human body, we must be at the forefront to educate and encourage dignified permanent memorialization. Many of our members have created thoughtful and thought-provoking materials. Are we all doing the same?

Please join me in welcoming our newest Board member, Ray Planell of Kensico Cemetery, who was appointed at the Board’s February meeting. Ray is well known to many of us as a member of our Spring Seminar’s legal panel and is a welcomed addition to serve our membership with his wealth of knowledge on many issues facing us all.

In these pages, you’ll find information on some of the recent activities of your Board, Committee Members, our legislative counsel, our Executive Director and her staff, and fellow members.

Our web site committee is working with Beth’s office to create enhancements to our web site (www.nysac.com) to make it more useful for our members and the public. Please log on and see what’s new. Contact Chairwoman, Linda Mayo Perez at lindamp@aol.com, with any comments or suggestions.

Hopefully, you received our email notice regarding DEC tank regulations and the associated links. Regardless of whether you are regulated by the NYS DEC or your County’s Dept. of Health, these are regulations you should familiarize yourself with. If you did not receive this notification, please take a moment to provide Beth’s office at nysac@nysac.com with your email address so that you will receive future notices. Likewise, if your website is not linked to ours, please provide your web site address so that we can continue to promote each other.

Members of our Disaster Preparedness Committee, including Chairman Joseph Dispenza, along with Division representative, Chet Butkiewicz, have been attending NYS Dept. of Health Emergency Preparedness Program’s work sessions in preparation for creation of guidelines for NY counties. Out of the meetings have come recommendations for each of us to develop a Business Continuity Plan for our cemetery and to contact our County Medical Examiner/Coroner to seek information on the Mass Fatality Annex to our County’s Emergency Management Plan.
With the help of our executive director’s office, our seminar Committees, chaired by Kevin Boyd and JoAnne Ryan, have put together two Regional Maintenance Seminars, which have been held in conjunction with the NYS Turfgrass Assoc. on February 27 and March 6, and a Regional Cemetery Conference, this spring held in the Albany area.

Finally, I hope to see all of you at the Desmond Americana Inn in Albany for our 31st Annual Public Affairs Seminar on May 5th and 6th. We’ll meet new members of the State Cemetery Board, including: Chairwoman and Dept. of State designee, Rosemary Longo; Dept. of Health designee, Lisa McMurdo; and Counsel, Antonio Melillo. Bring your questions and maybe a fellow cemeterian who has not attended in a while. Seminar chair, John Toale has put together a great program including ICCFA President, Paul Elvig. Look for program and registration material in these pages.

Thanks to all for your support of this active association. See you in May!

Theresa Joyce

NYSAC MASS FATALITY COMMITTEE REPORT
The membership of the NYSAC Mass Fatality Committee has not formally met. However, Ms. Theresa Joyce, Mr. Chet Butkiewicz, Assistant Director of the Division of Cemeteries, and I have had four (4) conference calls. Terry and Chet, or Chet and I, have also attended three (3) committee meetings in Troy, NY with the New York State Department of Health, Health Emergency Preparedness Program (NYSDOH HEPP).

The most recent NYSDOH HEPP Workgroup committee meeting was held in Troy on January 24, 2008. At this meeting the NYSAC Mass Fatality Committee presented a PowerPoint presentation with our recommended current “Waiver List” and Cemetery Questionnaire.

The NYSDOH HEPP Workgroup is scheduled to meet again on March 4, 2008, in Troy, where Terry Joyce, Chet Butkiewicz and I will be in attendance.

The purpose of the NYSDOH HEPP is to create at NYSDOH recommended guideline / best practices for mass fatality / pandemic planning for New York State counties. The NYSAD Mass Fatality Committee, along with your NYSAC Board, strongly recommends that all NYSAC cemetery and crematory members do the following:

1) Complete and submit the State Cemetery Board Cemetery Questionnaire as soon as possible. The entire questionnaire can be found on our NYSAC web site in the “Members Only” section- www.nysac.com. Please return it to 99 Washington Avenue, Albany NY 12231.

2) Develop and document a Business Continuity Plan (disaster plan) for your cemetery and/or crematory.

3) Proactively contact the Medical Examiner/Coroner in your municipality, requesting that your cemetery/crematory be involved in your county’s Mass Fatality Pandemic planning process.

Respectfully submitted,

Joseph P. Dispenza
Mass Fatality Committee Chair

A HISTORICAL OVERVIEW OF THE NEW YORK WORKER’S COMP SYSTEM
A joint presentation will be given at the New York State Association of Cemeteries Public Affairs Seminar at the Desmond Hotel in Albany, New York on May 5. This Historical Overview of the New York Worker’s Comp System is sponsored by Bollinger Insurance, Regan Agency, Inc. and the Treiber Group LLC.

PAST- This section of the presentation will provide a basic understanding of the workers compensation system, a review of the rates and benefits for cemeteries since 1994 to present.

PRESENT- This section of the presentation will discuss the workers compensation reform passed by Governor Spitzer in 2007 and the current impact of these changes to the overall workers compensation marketplace and to NY employers.

FUTURE- This section of the presentation will discuss the future changes in benefits and provide insight as to the political and insurance community’s perspective on the impact of these changes.

Please attend the Legal and Legislative New York State Association of Cemeteries Meeting so you won’t miss this informative session as it relates to cemeteries.

“The Evergreens” Cemetery Granted National Historic Place Status
The Evergreens Cemetery, located in Brooklyn, N.Y., was recently listed on the National Register of Historic Places, the country’s official list of cultural resources worthy of preservation that is administered by the National Park Service. The Evergreens joins a distinguished roster of New York sites listed on the National Register, including Central Park, the Empire State Building, and the Brooklyn Bridge. Other listed New York City cemeteries include Green-Wood Cemetery, Trinity Graveyard, Cypress Hills National Cemetery, and First Shearith Israel Graveyard.

Founded in 1849, the 225-acre Evergreens Cemetery is a fine example of a classic rural cemetery and is the only cemetery on which Andrew Jackson Downing, the foremost mid-century landscape architect, worked. The initial buildings were designed by Alexander Jackson Davis. Calvert Vaux, John Y. Culyer, and Samuel Parsons, Jr., are some of the many architects or engineers who have contributed to the Evergreens. The monuments include examples of important styles, including high Victorian, Gothic Revival, and zinc.

The historic grounds are on rolling hills straddling the Brooklyn-Queens border near East New York. On the eve of the Battle of Brooklyn, 10,000 British soldiers crossed this land at night and out-flanked George Washington’s forces. Among the 526,000 people interred at the Evergreens are many notables, including a leading Revolutionary War Son of Liberty, John Berrien, the showman Bill “Bojangles” Robinson, the pioneering cartoonist Winsor McCay, the first world chess champion William Steinitz, the jazz singer Adelaide Hall, the saxophone genius Lester “Pres” Young, and the renowned painter Martin J. Heade.

During the height of the anti-Asian movement the Evergreens was chosen by the Chinese government as its main New York cemetery and burials in the several Celestial Hill sections continue to this day. Interred in the cemetery’s Seaman’s Plot are merchant seamen of all nationalities and races. Lying here also are many black and white Civil War veterans, and victims of the steamship Slocum and Triangle Shirtwaist factory fires.

The Evergreens is the subject of an upcoming book, Green Oasis in Brooklyn: The Evergreens Cemetery, 1849-2008, written by John Rousmaniere with photographs by Ken Druse, and published by the cemetery and Smith-Kerr.

10 SIMPLE WAYS TO MAKE A DIFFERENCE
This is part 7 in a 10 part series on simple ways cemeteries can make a difference in protecting our environment. Each one will contain examples of projects you can complete on your way to achieving certification as a member of the Audubon Cooperative Sanctuary Program. For further information on this program, contact Audubon International at 418-767-9051 or visit their web site at www.audubonintl.org.

#7: Do Not Disturb!
If you are fortunate enough to have any natural areas on your property, both you and the environment will benefit if you leave them in as natural a state as possible.
Whether you have a forest, a meadow or just a small grove of trees, leaving a natural area intact can make a very attractive border or feature for your burial areas. In most cases, people will actually pay MORE for graves near a natural area. Perhaps you could also encourage visitation with trails or make cremation burials there. If you add a sign to let people know why you are not mowing or otherwise maintaining the area, they will appreciate your commitment to the environment instead of questioning your maintenance standards.
By preserving the natural areas on your property you will protect the plants, birds, insects and animals that live and breed there. You will also avoid the development and maintenance costs that would result from turning them into traditional lawn burial areas.

Benefits (to YOU and the environment!)
* Natural areas require no high-cost maintenance such as mowing, trimming and weeding.
* Because they attract a variety of wildlife, they can also attract visitors to your property.
* You help the environment by providing a place for wildlife to live and reproduce.
* You help yourself by creating unique and desirable burial areas that are close to nature.

Web site News- Have You Checked Out WWW.NYSAC.COM Lately?
A press release was recently sent to various cemetery industry groups telling about NYSAC and all the benefits a member receives. In that press release was information about our Association’s web site. After reading this article take a minute to go to our website and see what Linda Mayo-Perez and her committee have done to update the site. Then, check it often for news about NYSAC, the latest conference information and updates on all the legislation that affects our industry.

Board member and Web Site Committee Chair, Linda Mayo-Perez, said many improvements have been made to the NYSAC web site. “With all the programs and services that NYSAC offers, as well as the fast pace of change in the industry, it is critical to have timely, accurate information on our web site at all times. I encourage industry professionals and members to access the wealth of information provided on the NYSAC web site.”

The NYSAC web site, www.nysac.com, includes access to updated legislation and laws relevant to the cemetery industry. A chat room has been created for members to participate in question and answer sessions and provide an opportunity for member to member communication. Members can interact with each other or post announcements on a variety of topics including equipment wanted or available for purchase.

Previous issues of the Broadcaster are available on-line as well as information on industry conferences, training sessions and meetings. In addition to providing NYSAC information, the web site also provides direct links to national and regional associations as well as member cemetery and supplier web sites. Anyone interested in the New York State Division of Cemeteries board meetings can now link to live webcasts directly from the NYSAC web site.

NYSAC CREMATION COMMITTEE REPORT
The NYSAC Cremation Committee met three times via teleconference on the following dates: January 30, 2007; September 19, 2007 and October 17, 2007.

The results of the committee meetings are as follows. The committee engaged, with Board approval, Mr. Steven Sloane of Sloane Consulting, to do the following:

1. Create a NYSAC Crematory Operators Training Program in compliance with New York State Not-for-Profit Law Section 1517(j) and 19NYCRR Part 204.

2. Create an Implementation Outline
Presently the committee has reviewed, adjusted and approved the NYSAC Training documents, implementation plan and budgets.

The State Cemetery Board has also approved of the NYSAC Crematory Operator Training Program and has approved Steve Sloane to do the training.

At present the Cremation Committee is awaiting approval from the NYSAC Board to launch the NYSAC Crematory Operators Training Program to all crematories in New York State. This NYSAC Board approval is contingent on the “insurance issue” that is being investigated by Mr. Kevin Boyd. (Note, all crematory operators must be certified by now.)

The Cremation Committee, under approval by the NYSAC Government and Legal Affairs Committee and the NYSAC Board, will work with legislative counsel David Fleming of the Featherstonhaugh office to investigate refining the statutory definition of Final Disposition, as well as develop a New York State model Cremation Authorization Form.

To that end, the NYSAC Cremation Committee respectfully requests all NYSAC member-crematories to please submit your authorization form as soon as possible to NYSAC Cremation Chair at the following: Joseph Dispenza, Forest Lawn Cemetery, 1411 Delaware Avenue, Buffalo NY 14209; Fax: 716-881-6482; Email: jdispenza@forest-lawn.com.

Please feel free to remove your crematory’s identifying information if you wish. All authorization forms will be kept in strict confidence, only used by the committee to facilitate building the Draft Model New York State Cremation Authorization Form.

Respectfully submitted,

Joseph P. Dispenza
Cremation Committee Chair

White Haven Memorial Park Acquires New Cemetery
White Haven Memorial Park in Pittsford, NY became the new owner of Canandaigua Lakeview Cemetery in Rushville, NY on January 1, 2008.

Lakeview sits on a hill overlooking one of the most beautiful of the Finger Lakes and is located roughly six miles south of the city of Canandaigua on the east side of the lake. It is a small cemetery consisting of about seven total acres.

In addition to several lawn sections, the property also contains some wooded areas in which a cremation nature trail will be developed similar to the very successful one at White Haven.

Andrea Vittum, President of the newly renamed parent corporation White Haven Memorial Parks, Inc. said “there currently are no buildings or utilities on the property but we expect to have a small office with heat, water and electricity by late spring. Once we have a place to meet with families, we will begin an aggressive advertising campaign in the Finger Lakes area.” One of White Haven’s sales counselors lives just five miles from the new cemetery.

In the beginning, White Haven will hire others to perform any interments. As the number of interments increases, plans will be made for a small maintenance building to house a backhoe and other necessary equipment.
Vittum said, “This is a whole new experience for us. White Haven is a relatively large cemetery performing about 1,100 burials a year. We now are also at the other end of the spectrum with Lakeview, where there currently are only seven total burials!”

Lakeview was founded in 1996 by Joseph Calihan and his wife Brenda, who live in Pittsburgh. They had a cottage on Canandaigua Lake and wanted to plan ahead for a place to be buried overlooking their most favorite spot in the world. Since there were no cemeteries in the area that could satisfy their desires, they developed their own. There is a large section reserved for the Calihan family.

For several years, Mr. Calihan has been looking for an established cemetery to operate Lakeview and build its Permanent Maintenance Fund to the point where it can maintain the cemetery indefinitely. “When we were first contacted about this possibility we turned it down,” Vittum said, “but with our current emphasis on nature and unique burial sites, we think it is a very good fit for us now and will greatly extend both our product offerings and our overall service area.”

GOVERNMENT & LEGAL AFFAIRS REPORT
The NYSAC Government & Legal Affairs Committee has begun work on another legislative year. Listed below is the lone bill that was introduced by NYSAC this session:

A.1329-BRODSKY/S.3791-LEIBELL-Abandoned Cemetery Maintenance by Cemetery Corporations – 2/5/2008 Passed Senate, referred to Assembly Corporations Authorities and Commission on 1/23/08 in the Senate

Regulations:

Effective November 21, 2007, the cremation certification course was approved in order to establish training and requirements for the maintenance and operation of crematories within New York State.

I want to thank all of our members and suppliers who contributed to the Legal Fund this year. We have raised $27,155.00 which will help to fund our legislative agenda.

I look forward to seeing you in Albany.

Frank F. Giglio
Chairman

31st NYSAC Annual Public Affairs Seminar
Dear Members of The New York State Association of Cemeteries,

The 31st Annual Public Affairs Seminar will convene at The Desmond Hotel in Albany, New York on: Monday afternoon, May 5, 2008 and Tuesday morning, May 6, 2008

The Seminar will open with a regular meeting of The New York State Cemetery Board. Whether your cemetery is regulated or not, you will enjoy watching The Cemetery Board in action. This will be followed by The Annual Regulatory and Legislative Review including The New York State Division of Cemeteries, Cemetery Board, The NYSAC Government and Legal Affairs Committee and an International Cemetery, Cremation and Funeral Association (ICCFA) Legislative Report. Paul Elvig, the ICCFA immediate past President and representative of ICCFA’s Government and Legal Affairs Committee will deliver an informative and interesting report to us. Mr. Elvig is a former Regulator in Washington State and was then affiliated with Evergreen-Washelli, Memorial Park and Funeral Home in Seattle until his recent retirement. Robert Weissenstein, Chief Investment Officer of Credit Suisse will speak about Trust Fund Allocation focusing on International Investments.

Tuesday morning’s program will open with a panel of Cemetery Insurance experts speaking to us on the subject of Worker’s Compensation-Past-Present-Future, and then the program will feature the popular interactive “Ask the Lawyer” session in which experienced Cemetery Attorneys, with input from our State Regulators, answer our questions on situations that we face in the operation and administration of our cemeteries. Please submit your questions, in advance, by April 25th to the panel’s moderator, Tim Griffin, Esq. via e-mail to timgriffin@aol.com; fax to 914-771-6752; or regular mail to P.O. Box 156, Bronxville, NY 10708.

Please complete your Registration Form and make your hotel reservations as soon as possible. If you are a regular attendee of this Seminar, share the value and benefit of attending with a fellow Cemeterian who hasn’t been exposed to the huge amount of valuable information that is offered at a relative low expense.
I am looking forward to seeing all of you May 5th and 6th in Albany.

Yours truly,

John P. Toale, Jr.
Seminar Chairman

NEW “FINDS” AT GREEN-WOOD
Brooklyn’s Green-Wood Cemetery was founded in 1838. After struggling in its early years, it became, by the 1850’s, one of America’s leading tourist attractions. Its fame was international, attracting permanent residents, the famous, infamous, and obscure, from the New York City area, across America, and from around the world. Two of its permanent residents, Henry Rutgers and Mabel Smith Douglass, played important roles in higher education in New Jersey.

Henry Rutgers (1745-1830), an officer in the American Revolution, fought at the Battle of Brooklyn (part of which was fought across the ground that would later become Green-Wood Cemetery) and was wounded at the Battle of White Plains. During the War of 1812, he served as the colonel of a New York State militia unit. Both Henry Street and Rutgers Street in lower Manhattan are named for Henry Rutgers. One of New York City’s wealthiest men, Rutgers donated money to Queen’s College in New Brunswick, New Jersey to make it financially solvent. In 1825, that school was renamed Rutgers College in his honor (and became Rutgers University in 1924).

Upon Henry Rutgers’s death in 1830, he was interred at the Dutch Reformed Church in Belleville, New Jersey. However, his remains were subsequently moved to cemeteries in Manhattan, and finally were brought in 1865 to Green-Wood, where he is interred in an underground vault. His final resting place, the lot of the Dutch Reformed Church, has long been unmarked. But that will be corrected shortly; a bronze marker has already been obtained from the Veterans Administration and will soon be installed over his remains. Rutgers University officials and those interested in the story of this remarkable man are expected to attend the unveiling of his monument this spring.

Mabel Smith Douglass (1874-1933) was a pioneer of higher education for women. Because Rutgers College would not accept women as students, she decided to start a college that would offer females a college education.
Overcoming many obstacles, she founded the New Jersey College for Women in 1918 and served as its first dean. In 1933, soon after her retirement, Mabel Douglass went canoeing on Lake Placid and disappeared. Despite a search of the area, no trace of her was found. The school that she founded was re-named Douglass College in her honor in 1955. But it was not until 1963, 30 years after her disappearance, that her petrified body was found on a ledge 90 feet down in the lake. She was interred at Green-Wood shortly thereafter.

Do you store gasoline, diesel fuel or heating oil at your Cemetery?
Please be aware that there are several different regulatory requirements for Petroleum Bulk Storage.  The New York State Department of Environmental Conservation (DEC) regulates facilities that have more than 1,100 gallons of storage on site.  They require that regulated tanks be registered, have leak detection, be corrosion resistant, have overfill prevention and spill prevention, etc. Recently several cemeteries were cited by the DEC for violations of state bulk storage regulations.

Here are highlights of the major areas that the regulations cover:
If a cemetery has at least 1,100 gallons of capacity of petroleum storage (propane is exempt), the cemetery needs to follow DEC and EPA regulations.  This includes the total capacity on a site, such as all aboveground and underground tanks and any combination of petroleum products (gas, fuel oil and diesel).

If the total capacity of a petroleum storage system exceeds 1,100 gallons, the cemetery must be registered with DEC.  This registration must be renewed every 5 years.  If a change in ownership occurs, the system must be re-registered within 30 days.

All underground petroleum storage tanks that are registered need to be monitored for leakage. 
The owner or operator of an aboveground storage tank that is registered must inspect the tanks at least monthly. 

If a petroleum storage tank is no longer going to be used, DEC must be contacted 30 days before the tank will be out of service.  Upon its closing, the tank must be free of sludge, sediment and petroleum vapors.

All aboveground and underground used oil tanks, regardless of capacity, are subject to the standards of the state’s Petroleum Bulk Storage regulations.

The New York State Environmental Facilities Corporation’s Small Business Environmental Assistance Program (SBEAP) provides free, confidential technical assistance to small businesses in New York State to help them comply with Federal or State environmental requirements.

Should you have any questions regarding DEC’s petroleum bulk storage regulations at your facility, the NYSAC recommends you contact the SBEAP at 1-800-780-7227.