Riverkeeper sues Catskill scrap metal yard, alleging pollution

SEATTLE (Scrap Monster): Riverkeeper, an environmental advocacy organization that focuses much of its work on protecting the Hudson River watershed, has filed a federal lawsuit against the owners of a scrap metal recycling facility in Catskill, alleging the company has been illegally discharging stormwater runoff into a Hudson River tributary. 

The lawsuit was filed recently in U.S. District Court in Albany against Hudson Waste Container, Inc., and its CEO, Michael C. Ferro. The company’s facility on Browns Crossing Road in Catskill receives and processes junked cars and other materials to recover the scrap metal and other waste materials for reuse, according to the lawsuit. 

Officials with Hudson Waste Container could not be reached for comment on Monday.

Riverkeeper, which is headquartered in Westchester County, accuses the facility of not taking proper precautions to prevent potentially contaminated wastewater from flowing into the nearby Hans Vosen Kill, a tributary of the Catskill Creek which feeds into the Hudson River. Their allegations include that the company stores and processes scrap metal outdoors, allowing pollutants to escape from its facility, and is not tracking contaminants from vehicles and other industrial equipment that enter the site. 

During rainfall, stormwater runoff from the facility flows into the Hans Vosen Kill, located about 100 feet downhill from the property. The lawsuit alleges that runoff becomes polluted from the scrap and waste materials left unprotected outdoors, subsequently contaminating the Catskill Creek and the Hudson River. Riverkeeper also alleges the discharges are illegal and have been occurring since 2020.

 “As precipitation comes into contact with pollutants generated by these industrial activities, it conveys those pollutants to nearby surface waters,” the civil complaint states.

Riverkeeper notified the company of the alleged violations in December and also the environmental organization’s intent to file a civil action. That notification was also provided to the state Department of Environmental Conservation and the U.S. Environmental Protection Agency. Riverkeeper’s federal complaint indicates that neither of those agencies “has commenced or is diligently prosecuting a civil or criminal action to redress the violations alleged in this complaint.”

Under the U.S. Clean Water Act, discharge of pollutants is prohibited without proper permitting. Riverkeeper has accused the facility of lacking a proper State Pollutant Discharge Elimination System (SPDES) permit for stormwater discharge. 

“Stormwater runoff is one of the most significant sources of water pollution in the nation — comparable to, if not greater than, contamination from factory and sewage wastewater,” the lawsuit states. “Contaminated stormwater discharges, such as those from the facility, can and must be controlled in order to improve the quality and health of these waterbodies.” 

In addition to the discharge and lack of permitting, Riverkeeper also accused Ferro and Hudson Waste of failing to develop a proper stormwater prevention plan, conduct routine site inspections or complying with special requirements for scrap recycling facilities. 

The Hans Vosen Kill is classified by the state Department of Environmental Conservation as a “Class C” waterbody, meant to serve as a suitable habitat for fish and other wildlife. 

The civil complaint filed by Riverkeeper seeks a court order directing the scrap metal company to comply with the Clean Water Act and, if it has not done so already, to begin drafting a stormwater pollution prevention plan.

 Courtesy: www.timesunion.com