HALF OF PENALTY TO FUND RESTORATION AND POLLUTION PREVENTION EFFORTS

For Immediate Release, May 13, 2005

Contact:
Basil Seggos, Riverkeeper, 917-597-6883
Maya Israel, Rubenstein Associates, 212-843-8003; 917-445-0183
Mary Mears, EPA, 212-637-3673

NEW YORK, NY – A concrete manufacturer in Brooklyn, New York pled guilty in federal court yesterday to illegally discharging concrete slurry into Newtown Creek, the U.S. Environmental Protection Agency (EPA) announced today. The company, Empire Transit Mix, Inc., admitted violating the Rivers and Harbors Act and agreed to pay a $300,000 fine. Half of this fine will be given to the Hudson Riverkeeper to help in its work to protect New York’s rivers and harbors. EPA teamed up with Riverkeeper, FBI and the U.S. Attorney’s Office to collect evidence in the case.

“Riverkeeper commends the EPA for its commitment to bringing environmental lawbreakers on Newtown Creek to justice,” said Alex Matthiessen. “This action demonstrates how dedicated government regulators can work with citizen groups to stop polluters and restore our environment.”

“The information that Riverkeeper provided corroborated evidence that EPA collected and helped ensure a successful outcome,” said Kathy C. Callahan, Acting EPA Regional Administrator. “Water is a precious resource and together EPA and Riverkeeper have stopped this company adding pollution to an already over-stressed creek.”

In May 2001, an EPA inspector was conducting a routine inspection of a nearby facility, when he observed a significant discharge of grey-colored liquid from the Empire facility, into Newtown Creek. Following these observations, EPA and the FBI subsequently observed numerous discharges. In July 2001 EPA sampled the discharge and found that it had a pH of 12, making it highly caustic and adding to the serious pollution problems in Newtown Creek. The sampling allowed EPA to determine that the discharges were concrete slurry being discharged through a hole in the retaining wall of the Empire facility.

Riverkeeper began investigating the site in 2002 and began collaborating with the EPA in 2003, bringing what it believed to be a previously undiscovered illegal pipe to the attention of EPA CID. Riverkeeper continued to compile evidence of the illegal discharges, and conducted a joint investigation with EPA in November 2003.

While the details have not yet been worked out, Riverkeeper will use the $150,000 to expand its commitment to revitalize Newtown Creek, one of the nation’s dirtiest waterways. The group will focus on preventing pollution, conducting expanded public education and outreach, and helping to lead community visioning for creek restoration. Building on the public-private model developed during this case, the group will also increase its collaborative approach to pollution prevention with EPA, state, and local regulators.

The Rivers and Harbors Act prohibits the deposit of refuse into navigable waters. The statute allows the federal government to give one half of a criminal fine to the party that gave the government information leading to a plea or conviction.

Since 2002, Riverkeeper has been the leading watchdog organization on Newtown Creek, using litigation, science, education, and grassroots outreach to restore this badly damaged waterway.

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Learn more about Riverkeeper's Newtown Creek Initiative.
Visit the EPA Region 2 Website.