Historic Case Summary Fiscal Year 2014: CR_2607

Special Agents of the EPA Criminal Investigation Division team up with US Coast Guard Investigative Service and NYS Department of Environmental Conservation Police investigators to enforce the protection of US waterways

One of 30 Criminal Prosecutions under the Clean Water Act (from 1989-2020)

The owner of a construction company was indicted on a single charge under the Clean Water Act, for negligence in allowing regulated asbestos debris from a large demolition operation to wash into a river of the USA.

The demolition project encompassed several condemned buildings on both sides of the Chadakoin River, part of the Allegheny River watershed in southwest NYS. The site was surveyed and determined to contain asbestos prior to the start of the demolition, necessitating special measures to ensure that asbestos dust would not escape into the air or waterways.

The corporation was charged and convicted under the Clean Air Act for failing to properly contain asbestos material by wetting prior to removal, and sentenced to a $100,000 federal fine and a $5000 charge for the cost of the Occupational Safety investigation.

The owner of the company was also charged, and convicted of negligent violation of the CWA.

The judge determined the owner should have known that asbestos-contaminated dust and debris was escaping the work site via run-off and entering the river.

Total federal fines: $125,000 Restitution/Costs: $5000 paid to OSHA. Probation: 12 months

SDWA Compliance for the week of Sept 26-Oct 2, 2022 93.6%*

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

• 8283 Drinking Water Facilities

• 530 with Current Violations

• 112 with Significant Violations

• 510 with Formal Enforcement Actions (in the last 5 yrs)

• 1 Criminal Prosecution under the Safe Drinking Water Act

NY Drinking Water Facilities with Significant Violations include:

Catskill Village, serving population of 8000 (Greene)

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

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

Highland Falls Village, population 5400 (Orange)

Lowville Village, population 4000 (Lewis)

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

Old Farm Hill Water District, population 1768 (Westchester)

Onondaga Nation Water System, population 1000 (Oswego River Watershed)

Pamelia Town Water System, population 1000 (Jefferson)

Poestenkill Water District#1, population 752 (Rensselaer)

Tarrytown Water Supply, population 11,000 (Westchester)

Village Park Apartments, population 500 (Dutchess)

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

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

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.

Spills we are tracking this week:

Mohawk River Watershed

• -Sept 19, unknown amounts of unknown contaminants reported released from an alleged meth lab at a private residence on the 1400 block of Dorwaldt Ave in Schenectady (Schenectady).

Atlantic/Long Island Sound

• -Sep 19, unknown amount of mercury reported spilled at Kessler Thermometers in Suffolk County.

Oswego River/Finger Lakes watershed

• -Sep 21, unknown amount of bio-medical waste leaking from abandoned drums in Onondaga County.