Recycler pleads guilty to environmental law crimes
Recycler pleads guilty to environmental law crimes
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New York Attorney General Eric Schneiderman and the New York Department of Environmental Conservation (DEC) have announced the conviction of Michael Jones and his company, Coast Transportation and Recycling, LLC (Coast), based in Salina, New York, for environmental law crimes related to discharging polluted water into a waterway and failing to obtain appropriate state regulatory permits.
In front of Onondaga County (New York) Court Judge Anthony Aloi, Coast pleaded guilty to one Class E felony for knowingly discharging pollutants without first obtaining a New York State Pollution Discharge Elimination System Permit.
Jones also pleaded guilty to two Class A misdemeanors for illegally discharging liquid containing hazardous substances and for storing petroleum-contaminated soil (PCS) on Coast’s property.
Following the conviction, Attorney General Schneiderman, said, “We will continue working to safeguard New York’s vital waterways from harmful pollution. Guarding our state’s natural resources is critical to protecting both the health of New Yorkers and local economies, and those who jeopardize this will pay the price.”
In July 2016, an Onondaga County Grand Jury charged Jones and Coast Transportation and Recycling in a 10-count indictment with violations of the New York State Environmental Conservation Law (ECL).
According to court filings and statements by the prosecutor, DEC’s investigation revealed that in February 2010, two underground storage tanks were removed from Coast’s facility. The tanks, which contained fuel oil, had leaked and contaminated the surrounding soil. More than 500 tons of petroleum contaminated soil was excavated from the areas surrounding the underground storage tanks and stored on Coast’s property.
The contaminated soil was not removed from Coast’s facility until October 2014, and neither Coast nor Jones ever applied for or obtained the necessary permit. The ECL and DEC regulations allow the temporary storage of contaminated soil on site, but only for 60 days. Storage of PCS for longer than 60 days constitutes the operation of a solid waste management facility and requires a permit issued by DEC.
Also according to statements made by the prosecutor, DEC’s investigation further revealed that on May 15 and 19, 2011, liquid runoff from the soil pile flowed across Coast’s property and into a nearby stormwater drain, which ultimately discharged into a nearby waterway. Laboratory testing by DEC revealed that the liquid flowing into the storm water drain contained benzene, toluene, ethyl-benzene, and xylene, all hazardous materials.
Additionally, on September 18, 2012, Jones directed a Coast employee to set up and operate an electric pump to discharge stormwater that had accumulated in the Coast parking lot into another stormwater drain, which also ultimately discharged into another waterway. Lab tests revealed that the stormwater contained motor oil. Jones and Coast discharged the oil-laden stormwater without obtaining an SPDES permit or having a Storm Water Pollution Prevention Plan in place, both of which are required by the ECL.
The DEC previously filed an administrative enforcement proceeding against both Jones and Coast in June 2011, related to improper dismantling of vehicles at the yard. At that time an Administrative Law Judge found that both Jones and Coast had failed to conduct proper “fluid draining, removal and collection activities” at the facility and had intentionally released fluids and discharged “petroleum onto the ground at the facility.” Jones and Coast were assessed a civil penalty of $30,000.
Both defendants are scheduled to be sentenced on January 24, 2017. Coast will be sentenced to an unconditional discharge; Jones will be sentenced to three years’ probation and will pay a fine of $87,500.
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Source: Recycling Today
Recycler pleads guilty to environmental law crimes
<![CDATA[New York Attorney General Eric Schneiderman and the New York Department of Environmental Conservation (DEC) have announced the conviction of Michael Jones and his company, Coast Transportation and Recycling, LLC (Coast), based in Salina, New York, for environmental law crimes related to discharging polluted water into a waterway and failing to obtain appropriate state regulatory permits. In front of Onondaga County (New York) Court Judge Anthony Aloi, Coast pleaded guilty to one Class E felony for knowingly discharging pollutants without first obtaining a New York State Pollution Discharge Elimination System Permit. Jones also pleaded guilty to two Class A misdemeanors for illegally discharging liquid containing hazardous substances and for storing petroleum-contaminated soil (PCS) on Coast’s property. Following the conviction, Attorney General Schneiderman, said, “We will continue working to safeguard New York’s vital waterways from harmful pollution. Guarding our state’s natural resources is critical to protecting both the health of New Yorkers and local economies, and those who jeopardize this will pay the price.” In July 2016, an Onondaga County Grand Jury charged Jones and Coast Transportation and Recycling in a 10-count indictment with violations of the New York State Environmental Conservation Law (ECL). According to court filings and statements by…