GGI Newsletter Archives

From the New York Office of the Attorney General

NEW YORK CITY AUTO REPAIR SHOP FINED $100,000
FOR WASTE OIL SPILL AT JAVITS CENTER

Company Admits Dumping More Than 200 Gallons of Waste Oil

Attorney General Spitzer and State Department of Environmental Conservation (DEC) Commissioner John P. Cahill today announced that a New York City auto repair shop has been fined $100,000 for illegally dumping more than 200 gallons of waste oil. The defendant, New York Auto Service, Inc., located at 448-450 11th Avenue, in Manhattan, was sentenced to the maximum fine by Manhattan Supreme Court Justice Marcie Kahn after pleading guilty to a felony charge of Endangering the Public Health, Safety or the Environment in the Third Degree.

Investigators from Spitzer's office and the DEC found that for at least two years, New York Auto Service recklessly disposed of waste oil and used oil products from its taxi fleet maintenance operation by pouring them into a leaking underground tank, contained in a porous concrete vault. In November 1997 an oil spill was found in an abandoned train yard beneath 11th Avenue, between 36th and 37th streets. Investigators also determined that oil had also leaked into the vents and the garage of the nearby Jacob Javits Convention Center which abuts the train yard.

Ultimately, 60,000 gallons of oil was removed from the spill area. With the help of DEC geologists and engineers, investigators determined that the origin of the spill was New York Auto Service's garage. The oil sampled from the garage's concrete vault and the oil sampled from the spill area were tested and found to be of the same origin.

"This fine by the court sends a strong message to those who flout the state's environmental laws: If you break the law, you will be held responsible," Spitzer said. "We will vigorously prosecute those who dispose of waste material improperly and pollute the state's environment simply because it is easier than doing it the legal and responsible way."

"New York has established strict rules and regulations regarding the disposal of waste motor oil and we need to ensure companies comply with these standards," Commissioner Cahill said. "DEC will continue to work with Attorney General Spitzer to uphold our State's environmental laws and ensure polluters are held accountable for their actions."

New York Auto Service paid the $100,000 fine in full at the time of sentencing.

The case was handled by Assistant Attorney General Julieta Lozano, under the supervision of Rocky Piaggione, Chief of the Environmental Crimes Unit, and Criminal Prosecution Bureau Chief Janet Cohn.

SHEA STADIUM JUNKYARDS INDICTED FOR ENVIRONMENTAL CRIMES

Charged with Blatantly Violating Law by Dumping Motor oil, Antifreeze, Other Fluids Onto Ground and Into Water

Attorney General Spitzer announced the indictment of 21 junkyards and 35 individuals, culminating a nearly year-long investigation into environmental crimes in the Willets Point area of Queens near Shea Stadium.

The businesses, most of their owners and a number of employees are charged with breaking state environmental laws by dumping motor oil, antifreeze, transmission fluid and other materials onto the ground, into storm drains, and into Flushing Bay as they cut radiator hoses, removed engines, transmissions, air conditioners and other parts while dismantling cars to be recycled. All told, the businesses collectively dumped thousands of gallons of waste fluids.

In addition to the criminal charges, as a result of civil lawsuits filed by Spitzer, a judge has ordered an immediate halt to the dumping of waste into the ground and water and frozen the businesses' assets. The suits also seek the proceeds and equipment used in the crimes. The Attorney General is also asking the court to order the firms to implement interim pollution controls and pay for the short-term and long-term clean-up of the sites.

Under the Environmental Conservation Law, antifreeze, motor oil and transmission fluid are hazardous substances that must be recycled and disposed of at an approved facility.

"The defendants in this case showed a blatant disregard, both for the law and the environment," said Spitzer. "They used their properties, the neighborhood, and Flushing Bay as a garbage disposal, simply because it was easier and cheaper for them, rather than doing what was right, following the law and protecting the environment.

"This concerted effort by the criminal and civil divisions of my office should ensure that this industry follows the law."

Police Commissioner Bernard B. Kerik stated, "Members of the auto salvage industry have been sent a strong message: the illegal disposal of dumping of toxic materials will not be tolerated. You will be held accountable for the damage you are inflicting on the environment and the health risks you are creating for the public." Based on the amount of fluids released, 40 of the defendants have been charged with the felony crime of Endangering Public Health, Safety or the Environment in the 3rd degree, which carries a maximum sentence of one and one third to four years in prison and fines of up to $100,000.

At five of the locations, AA Auto Salvage, Inc., Best Buy Auto Repair, F&F Auto Salvage, Inc., M&H Used Auto Parts & Cars, Inc., and Sunrise Auto Parts, Inc., investigators discovered that contaminated fluids were being discharged into Flushing Bay, resulting in an additional felony charge with potential fines of up to $50,000 per day of violation.

In addition, 55 defendants were also charged with multiple counts of Endangering Public Health, Safety or the Environment in the 4th degree, a misdemeanor, punishable by up to one year in prison and a fine of up to $25,000.

Spitzer pointed out that this type of conduct causes long-term economic problems. "Because of the chemicals dumped at these sites, any potential developer will have to incur huge clean-up costs to reclaim the land. Unfortunately, the actions of these defendants impact the area, not only today, but for years to come."

The Attorney General's Office, along with the NYPD and State Department of Environmental Conservation, executed search warrants at the sites last September.

The defendants were arrested this morning and will be arraigned in Queens Supreme Court at 2:00 p.m. before Judge Joseph McKaye, Part K-11.

Spitzer commended the NYPD for its investigation of the case, and praised Inspector James Dean, Capt. Dennis Dier, Lt. Michael Byrne, and Detective Joseph Wedge of the Auto Crimes Task Force of the N.Y.P.D. and Lt. John Mattera and Investigator John Fitzpatrick of the DEC.

Assistant Attorneys General Julieta Lozano, and Hugh McLean of the Criminal Prosecutions Bureau, under the direction of Bureau Chief Janet Cohn and Criminal Division Chief Peter Pope are handling the criminal cases. AAGs Lem Srolovic, Andrew Gershon, and Lisa Feiner of the Environmental Protection Bureau, under the direction of Public Advocacy Chief Dieter Snell, and Lynn Goodman of the Organized Crime Task Force are handling the civil cases.

From the Florida Department of Environmental Protection