pollution

Riverkeeper Files Notice of Intent to Sue Accord Speedway

gchambers@riverkeeper.org — Fri, 05 Jun 2009 11:23:48 -0400

may 31st, 2009

Hudson Valley Press Online
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Riverkeeper Press Room

Riverkeeper Files Notice of Intent to Sue Accord Speedway

gchambers@riverkeeper.org — Thu, 28 May 2009 15:38:58 -0400

For Immediate Release: May 28, 2009

Riverkeeper Files Notice of Intent to Sue Accord Speedway

Polluted runoff into pristine trout stream violates federal environmental laws

(Tarrytown, NY) Riverkeeper has served the Accord Speedway with a notice of its intent to sue for continuously polluting a nearby stream and connected wetlands with turbid water, which Riverkeeper believes is laced with pesticides, anti-freeze, oil, grease and other petroleum products. Citing violations of the federal Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), Riverkeeper is now preparing to file a case in federal court.

According to Riverkeeper investigator and attorney Joshua Verleun, the Ulster County racetrack has been illegally dumping a noxious blend of pollutants including turbidity, suspended solids, and settleable solids into the North Peter’s Kill, a pristine trout stream and tributary of Rondout Creek. “The operation of this large scale raceway without proper environmental controls is ruining this pristine trout stream,” Verleun said.

These illegal discharges are directly entering the North Peter’s Kill from several discrete points along the track’s “pit road.” Riverkeeper has documented the Speedway collecting polluted track runoff from a low point in the track’s infield and pumping it into a field on the southern portion of the property, adjoining a wetland area that connects to the North Peter’s Kill.

Riverkeeper also alleges that the Speedway is operating an open dump in violation of RCRA’s ban on open dumping. The open dumping regulations contain specific requirements for facilities that dispose of waste. In this instance the Speedway’s collection, pumping, and dumping of runoff from the track constitutes “liquid waste” that is being discarded in violation of waste disposal requirements. Any facility that accepts or dumps waste without following these requirements is considered to be an open dump. “It is unacceptable that there are no systems in place to prevent turbidity, oil, gas, and other chemicals from running directly into the North Peter’s Kill and connected wetlands,” Verleun said.

A Notice of Intent to Sue (NOIS), which Riverkeeper served on May 19, is the first step in initiating a citizen suit under the CWA and RCRA. During the required 60-day waiting period New York State is given the opportunity to step in and file their own enforcement case and the polluter is given an opportunity to halt all violations. Following the waiting period Riverkeeper will file a case in federal court if violations persist and the state has not enforced against the Speedway.

Background:
Riverkeeper is an independent environmental watchdog organization dedicated to protecting the Hudson River, its tributaries, and the watersheds that comprise the New York City drinking water supply. Since 1965, we have brought thousands of environmental lawbreakers to justice, forcing more than $1 billion in fines and remediation projects.

Riverkeeper Press Room

Brooklyn's Lavender Lake Needs Superfund

gchambers@riverkeeper.org — Tue, 26 May 2009 10:51:26 -0400

by Joshua S. Verleun
May 26, 2009

After almost 150 years of industrial use and decades of raw sewage discharges from New York City's combined sewer system, the Gowanus Canal has become one of the nation's most contaminated bodies of water....

Read Article:
http://www.gothamgazette.com/article//20090526/255/2925

Riverkeeper Press Room

Press Release - RvK and Councilman Eric Gioia Applaud State Enforcement Action Against Newtown Creek Polluter

gchambers@riverkeeper.org — Fri, 14 Nov 2008 11:18:53 -0500

60 Days After Riverkeeper and Gioia Announced Intent to Sue, DEC Taking Action Against NYCON For Illegal Concrete Dumping

LONG ISLAND CITY - Today, Councilman Eric Gioia (D-Queens), Chairman of the City Council Committee on Oversight and Investigations, and the environmental watchdog group Riverkeeper announced that the Department of Environmental Conservation (DEC) will take legal action against NYCON Supply Corporation. The company has been allegedly discharging concrete waste illegally into the Dutch Kills, a tributary of the heavily-polluted Newtown Creek. The DEC's action comes shortly after Riverkeeper and Gioia announced their intent to file a lawsuit against NYCON. Newtown Creek, the site of a massive oil spill, is one of the most polluted waterways in the United States.

The complaint filed by DEC against NYCON Supply Corporation and other defendants stems from investigations by the environmental watchdog group, Riverkeeper. In September, Gioia and Riverkeeper announced that Riverkeeper had filed a Notice of Intent to Sue the corporation for illegal discharges under the Clean Water Act and Resource Conservation and Recovery Act. Under those laws, citizen groups are required to wait 60 and 90 days, respectively, before bringing suit against an alleged polluter. This notice period allows time for polluters to stop illegal discharges, while also providing state and federal agencies the opportunity to bring their own enforcement actions.

In this case, DEC Region 2 stepped in and filed its own complaint, alleging 23 separate causes of action against the company based on violations of the New York State Environmental Conservation Law. Based on investigations conducted by both Riverkeeper and DEC staff, the complaint alleges that, since at least 2006, NYCON Supply Company has been illegally discharging liquid concrete, cement-laden runoff, gravel, and other pollutants into the Dutch Kills, a tributary of Newtown Creek.

"The recent action taken by the New York State Department of Environmental Conservation signals a major step forward in environmental enforcement around New York Harbor," said Craig Michaels, a Riverkeeper Investigator. "It is now abundantly clear that citizens, elected officials and government agencies are working hand in hand to bring environmental lawbreakers to justice. On behalf of our over 10,000 members, Riverkeeper applauds the quick and decisive action taken by regional staff at DEC to stop this continuing source of pollution on Newtown Creek."

"Newtown Creek has for years been the forgotten waterway of New York City, and polluters have taken advantage by dumping at will," said Councilman Eric Gioia. "DEC is sending a strong message that that we will no longer stand for more dumping and more pollution in the Creek. Polluters, beware: we are watching, we are vigilant, and we will go after you."

This DEC action comes on the heels of a recent New York State appellate court decision that reinstated criminal indictments against another concrete company, Quality Concrete, also located on Newtown Creek. That decision reversed a lower court ruling dismissing the indictments against the company and one of its vice presidents and ordered that there was sufficient evidence presented to the grand jury to sustain the indictments. That case is currently being handled by the Brooklyn District Attorney's office.

Newtown Creek is a 3 mile long waterway that separates Brooklyn and Queens and is a tributary of the East River, the Hudson River, and New York Harbor. It is also the site of the 17 million-gallon Greenpoint oil spill, currently the center of numerous lawsuits against ExxonMobil by environmentalists, including Riverkeeper; lawmakers, including Councilman Gioia; and private citizens, and was recently identified by the United States EPA as a contaminated area warranting further study under the Superfund law.

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Riverkeeper Press Room

Press Release - Riverkeeper Commends DEC’s Swift Response to Halt Illegal Landfill Pollution

gchambers@riverkeeper.org — Fri, 14 Nov 2008 11:16:32 -0500

Lehigh Cement fined $50,000, ordered to halt illegal discharges
and remediate contaminated wetlands

(Tarrytown, New York) Riverkeeper today commended the New York State Department of Environmental Conservation (DEC) for responding quickly to halt the illegal discharge of landfill leachate into wetlands and the Hudson River from Lehigh Northeast Cement Company’s closed cement kiln dust landfill in Catskill, NY. On September 10, 2008, the DEC and Lehigh Cement entered into an Order on Consent in which Lehigh (1) admitted to violating provisions of the state Environmental Conservation Law, (2) agreed to pay a penalty of $50,000, (3) agreed to implement measures to contain and treat leachate from its landfill, and (4) agreed to remediate damage to adjacent wetlands where sediment deposited by the leachate was found to be up to one foot thick.

The DEC first became aware of this pollution on July 10, 2008 after Riverkeeper served notice of its intent to sue Lehigh Cement Company for violations of the federal Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA). During the 60-day required waiting period following the filing of a Notice of Intent to Sue (NOIS) under the CWA, the alleged polluter is given an opportunity to come into compliance with the law, and state and federal officials are given an opportunity to bring their own enforcement action. Following the filing of its NOIS, Riverkeeper worked cooperatively with the DEC, providing the state with the evidence uncovered during its investigation. The DEC and Lehigh reached a settlement and entered into the Order on September 10, exactly 60 days after the NOIS filing after which Riverkeeper could have initiated a formal suit under the CWA.

“The DEC should be commended for acting quickly and decisively to halt these illegal discharges and order remediation of these sensitive wetlands,” said Riverkeeper Staff Attorney Josh Verleun. “As a watchdog for the Hudson River, Riverkeeper always welcomes the chance to work cooperatively with the DEC when bringing polluters to justice.”

Riverkeeper’s investigation into these discharges began after a helicopter patrol of the Hudson River revealed bright golden colored ponds on Lehigh’s property which were located between a closed landfill and the Hudson River. Further investigation found that the ponds were full of highly alkaline landfill leachate with a pH similar to household bleach. This leachate was collecting in a rip-rap channel at the base of the landfill and flowing into wetland ponds which are connected to the Hudson River. Lehigh’s landfill, which is adjacent to the Hudson, contains cement kiln dust, a byproduct of the cement manufacturing process which is known to contain metals such as antimony, arsenic, barium, lead, chromium and mercury, in addition to being highly alkaline.

The DEC Order requires Lehigh to implement a permanent plan to contain and treat leachate from its landfill and develop and implement a plan to remediate the contaminated wetlands. Riverkeeper will monitor the ongoing remediation to ensure that this sensitive habitat is protected and restored.

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Riverkeeper Press Room

Queens Chronicle - Polluted creek may have cleaner future

gchambers@riverkeeper.org — Fri, 14 Nov 2008 11:12:04 -0500

www.zwire.com/site/news.cfm

Riverkeeper Press Room

Riverkeeper and Councilman Eric Gioia Take Aim at Concrete Polluters on Newtown Creek

gchambers@riverkeeper.org — Thu, 04 Sep 2008 15:28:18 -0400

FOR IMMEDIATE RELEASE: September 4, 2008

Riverkeeper and Councilman Eric Gioia Take Aim at Concrete Polluters on Newtown Creek

NYCON Allegedly Dumping Concrete Illegally in Newtown Creek

NEW YORK- Today, the environmental watchdog group Riverkeeper and New York City Councilman Eric Gioia (D-Queens), Chair of the City Council Committee on Oversight and Investigations, announced legal action against a major concrete manufacturer on Newtown Creek for violations of federal environmental laws. They are alleging that NYCON Supply Corporation, located in Long Island City, Queens, has been illegally discharging concrete waste without a permit into a tributary of the heavily polluted Newtown Creek, in violation of both the Clean Water Act and the Resource Conservation and Recovery Act (RCRA).

Newtown Creek, the site of a massive oil spill, is one of the most polluted waterways in the United States. During its routine patrols of NYC waterways, Riverkeeper has observed NYCON dumping concrete waste into the Dutch Kills tributary of Newtown Creek without a required Clean Water Act permit. Riverkeeper also observed piles of gravel and layers of concrete covering the riverbed adjacent to the NYCON facility.

Today, Riverkeeper filed a Notice of Intent to Sue NYCON. In addition to the lack of a Clean Water Act permit, Riverkeeper also believes that the current discharge of NYCON’s waste constitutes an imminent and substantial endangerment to health and environment under RCRA. Both the Clean Water Act and RCRA authorize citizen groups to sue polluters, subjecting potential violators to up to $32,500 in penalties per day per violation.

“The pollution issues confronting Newtown Creek and other waterways surrounding New York City cannot be fully addressed without enforcing environmental laws and holding polluters accountable for their actions,” said Riverkeeper Investigator Craig Michaels. “We will continue to work with elected officials and government agencies to track down and prosecute environmental lawbreakers who threaten the environmental and public health of our communities.”

“For too long, Newtown Creek has been the forgotten waterway of New York City, and polluters have taken advantage by dumping with impunity,” said Councilman Eric Gioia. “We're here today to send a strong message that that we will not stand for more dumping and more pollution in the creek. Polluters, beware: we are watching, we are vigilant, and we will go after you.”
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Background:

Riverkeeper is an independent environmental watchdog organization dedicated to protecting the Hudson River, its tributaries, and the watersheds that comprise the New York City drinking water supply. Since 1965, we have brought thousands of environmental lawbreakers to justice, forcing more than $1 billion in fines and remediation projects.

The notice letter filed today comes on the heels of a recent New York State appellate court decision that reinstated criminal indictments against another concrete company, Quality Concrete, also located on Newtown Creek. That decision reversed a lower court ruling dismissing the indictments against the company and one of its vice presidents, and ordered that there was sufficient evidence presented to the grand jury to sustain the indictments. That case is currently being handled by the Brooklyn District Attorney’s office.

Newtown Creek is a 3-mile long waterway that separates Brooklyn and Queens and is a tributary of the East River, the Hudson River, and New York Harbor. It is also the site of the 17-million-gallon Greenpoint oil spill " currently the center of numerous lawsuits against ExxonMobil by environmentalists, including Riverkeeper; lawmakers, including Councilman Gioia; and private citizens " and was recently identified by the United States Environmental Protection Agency as a contaminated area warranting further study under the Superfund law.

Riverkeeper Press Room