“Under the Clean Water Act, it is a crime for anyone to knowingly dump pollutants into a waterway of the United States without a permit or in violation of a permit.” EPA Case Summary CR_2894 (2016)

Historic Case Summary Fiscal Year 2016: CR_2894

A well-established sewage hauler in New York entered a guilty plea in federal court on charges related to the dumping of raw sewage into NYC manholes leading to Gowanus Canal and Long Island Sound.

The list of violations include conspiracy to violate the Clean Water Act, unlawful discharge of pollutants into a waterway of the US without a permit, and four counts of disposal of sewage in violation of a discharge permit.

The company’s permit allowed for disposal at designated wastewater treatment facilities. 

EPA Criminal Investigations unit found employees of the company repeatedly discharged the contents of their septic tank trucks in violation of the permit, including “various manholes at John F. Kennedy International Airport, Fort Wadsworth on Staten Island, a New York City Housing Authority housing development in Brooklyn, and into the Gowanus Canal.” EPA Case Summary CR_2894 (2016).

The court responded with federal fines and restitution charges totaling $900,000, including a community service payment to the National Fish and Wildlife Fund of $175,000 for projects to impact the Gowanus Canal in Brooklyn.

“Today’s felony guilty plea and sentence demonstrate that polluters face serious consequences for violating the Clean Water Act,” stated United States Attorney Capers. “The Department of Justice is committed to prosecuting businesses who ignore their obligation to keep our waterways clean.”

“Environmental laws …are put in place to protect us from grossly negligent practices that threaten the cleanliness of our communities and put the public’s health at risk. Circumventing procedures to properly dispose of pollutants is a serious crime, and those who engage in this type of activity won’t get away with it,” said FBI Assistant Director-in-Charge Sweeney.

“Waste that is disposed of illegally jeopardizes the health and safety of the entire community, so it’s imperative that septic haulers adhere to the appropriate waste disposal regulations and laws,” said Special Agent-in-Charge Jones-Allen of EPA’s criminal enforcement program in New York. “EPA and its law enforcement partners will continue to pursue those who undermine our efforts to protect public health, and those who ignore the law must be held to account.”

Federal fines: $375,000 Criminal Forfeiture: $350,000 Community Service Payment/Restitution: $175,000 Probation: 24 months

SDWA Compliance for the week of Oct 31 – Nov 6, 2022, 94.4%*

(*NY drinking water facilities currently in compliance with Safe Drinking Water Act)

• 8279 Drinking Water Facilities

• 460 with Current Violations (down by 70 facilities from last week)

• 51 with Significant Violations (down by 61 facilities)

• 524 with Formal Enforcement Actions (in the last 5 yrs) (up by 14)

• 1 Criminal Prosecution under the Safe Drinking Water Act

• 28,876 NYS residents served by facilities with significant violations

51 NY Drinking Water Facilities with Significant Violations include:

*denotes new listing

Blue Mingo Grill*, pop 40 (Otsego)

Budget Inn* (in Oneonta), pop 33 (Otsego)

Catskill Village, pop 8000 (Greene)

Chaffee Water Co*, pop 200 (Erie)

Checkers Out Speedway*, pop 42 (Montgomery)

Cheerful Valley Campground*, pop 108 (Ontario)

Cobble Pond Farms*, pop 27 (Dutchess)

Cobleskill Water District*, pop 500 (Schoharie)

Country Convenience (Kapis – Goshen)*, 124 (Orange)

Creekside Pub*, pop 30 (Orange)

David L Bean Property*, pop 32 (Duchess)

El Patron*, pop 80 (Orange)

Fonda Waterworks, population 1080 (Mohawk River Watershed, Montgomery)

Graze Dining Services*, pop 70 (Orange)

Herkimer Village*, pop 7606 (Herkimer)

Hidden Inn Trailer Park*, pop 35 (Steuben)

Highland Falls Village, population 5400 (Orange)

Hounsfield Water District 2*, pop 725 (Jefferson)

Hume Sandford Water Supply*, pop 75 (Allegany)

Iron Forge Inn*, pop 50 (Orange)

Izzys Apartments*, pop 28 (Jefferson)

Long Island Game Farm*, pop 200 (Suffolk)

Mapletree Apts*, pop 30 (Albany)

McCarthy Ranch Campground*, pop 30 (Allegany)

Mirabito #69 Tim Hortons/Subway*, pop 25 (Otsego)

Mt. Orange Trailer Park*, pop 30 (Orange)

Old Farm Hill Water District, population 1768 (Westchester)

Onondaga Nation Water System, population 1000 (Oswego)

Party Beverages*, pop 50 (Orange)

Pasarella Pizzeria Inc*, pop 25 (Oswego)

Peru Rod & Gun Club*, pop 200 (Clinton)

Pine Grove Mobile Home Park*, pop 340 (Orange)

Preet Bar and Grill*, pop 48 (Orange)

Quick Mart II*, pop 300 (Orange)

Red Maple Lane*, pop 33 (Greene)

Rensselaer Ville Water District*, pop 300 (Albany)

Seagers Mobile Home Park*, pop 42 (Steuben)

Sidney Golf and Country Club*, pop 50 (Delaware)

Sleepy Hollow Golf and Country Club*, pop 120 (Oneida)

Toms Tavern II*, pop 75 (Montgomery)

Tooties IV*, pop 100 (Orange)

Treangelina Restaurant*, pop 25 (Orange)

Village Park Apartments, population 500 (Dutchess)

Warwick Conference Centre*, pop 150 (Orange)

Westtown Plaza*, pop 35 (Orange)

Wilna T Water District 1*, pop 240 (Jefferson)

The following drinking water facilities have been removed from the significant violations list:

Cobleskill Water District, population 500 (Mohawk River Watershed, Schoharie)

Lowville Village, population 4000 (Lewis)

Middle Island Country Club, population 1000 (Atlantic/LIS Watershed, Suffolk)

Pamelia Town Water System, population 1000 (Jefferson)

Poestenkill Water District#1, population 752 (Rensselaer)

Tarrytown Water Supply, population 11,000 (Westchester)

Watertown Town Water District 3 & D, population 750 (Black River Watershed)

Westchester County Water District #3, population 6000 (Westchester)

Spills we are tracking the week of Oct 31 – Nov 6 2022:

Oct 25 – unknown amount of hazardous material reported spilled due to equipment failure at XPO Logistics on Railroad Ave in Albany – Albany.

Oct 27 – unknown amount of formaldehyde reported spilled from a St Gobain Abrasives commercial vehicle on the 2600 block of 10^th Ave in Watervliet – Albany.

Oct 25 – 1,650 gallons of transformer oil reported spilled due to equipment failure at a commercial location on 20^th Ave and 21^st in Queens – Queens.

Oct 24 – 1900 gallons of #2 fuel oil reported spilled due to a traffic accident on the 0-100 block of Piney Point Rd in Olive – Ulster. (2206349).

Updates on spills reported previously:

From October 17-23, 2022 report

• -Oct 11 - Heritage Energy appears in a report of an alleged deliberate act causing a spill of unknown amount of petroleum from the major facility, MOSF (over 400,000 gallons), located at Kingston Point on the Hudson River. Inquiries have been directed to Kosco Heritage and the DEC, no response as of publication date.

• -Oct 9 – unknown amount of jet fuel reported spilled with potential impact to Sacandaga Reservoir, Mosquito Bay.

WTNY has learned that a small seaplane crashed in the Sacandaga Reservoir near Mead Island shortly after take-off from the shore. One passenger sustained non-life-threatening injuries. Responders note oil on the wing with no active release visible. The wreckage was set to be removed Oct 10. The file has been closed.

• Oct 9 - Unknown amount of jet fuel spilled in Sacandaga Reservoir

• 
  Photo obtained through FOIL request, supplied by NY DEC

NYS Spill Hotline 1-800-457-7362

• Under State law and regulations, spills that could pollute the lands or waters of the state must be reported within 2 hours of discovery.