Owner of New York recycling facility indicted in multiple pollution charges

ALBANY (Scrap Monster): A Salina, New York automobile salvage and scrap recycling facility has been indicted on a number of pollution charges. The Attorney General’s office has charged Coast Transportation and Recycling LLC and its owner Michael Jones with multiple crimes including discharging polluted water into Ley Creek in the town of Salina. In addition, the AG’s office has also charged the company with carrying out certain operations at the facility without obtaining necessary permits from state authorities.

The 10-count indictment includes one felony and nine misdemeanor environmental law crimes. Jones could face up to four years imprisonment and maximum fine of $75,000 per day for the felony charge. The nine misdemeanor charges could attract jail sentence of up to one year and a maximum fine of $37,500 per day.

The New York State Department of Environmental Conservation (DEC) had conducted an investigation at the recycling facility in February 2010. During the investigation, it was revealed that the company had removed two underground storage tanks. The tanks which were used for storing petroleum fuel had leakage and had contaminated the surrounding soil.

The company was ordered to remove nearly 500 tons of petroleum contaminated soil (PCS) from the areas surrounding the removed storage tanks. The excavated sand was stored at the facility premises. As per rules, a recycling facility is allowed to store PCS on site for a maximum period of up to 60 days only. Storage exceeding this period must be with special permit issued by DEC. Later investigations carried out at the site revealed that the excavated sand was stored at the site premises until October 2014 without obtaining required permit. The company owner was charged for not even applying for permit.

Meantime, Basil Seggos, Commissioner of NYS DEC welcomed the decision by the Attorney General’s office. He noted that the AG’s order reiterates the commitment to environment and reminds recycling facilities about the consequences to be faced for not ensuring that state laws are strictly followed. Coast Transportation and Recycling’s act was a total disregard for the environment and for the safety of the neighboring community, Seggos observed.

In 2011, the DEC had alleged that the company had failed to conduct fluid draining, removal and collection activities over an asphalt, concrete, or similarly protective surface at the facility which is considered as a clear violation of Environmental Conservation Law (ECL). It was also alleged that the facility failed to completely drain, remove, collect and store all fluids from end of life vehicles. The facility was also cited for intentional release of fluids onto the ground. Consequently, Coast Transportation and Recycling LLC was assessed a civil penalty amounting to $30,000.

Jones was also charged for discharging oil-laden stormwater into a tributary of Ley Creek. Laboratory tests had confirmed the presence of motor oil in this stormwater. Additionally, Jones also knowingly allowed flow of harmful chemicals into a storm drain on Dippold Avenue, which leads into the Ley Creek.