By Jeremy Walsh
A Long Island City concrete company accused by environmental watchdogs of illegally dumping into Newtown Creek is facing new scrutiny from the state.
The state Department of Environmental Conservation has filed a complaint against NYCON Supply Corp., at 47−17 27th St., alleging multiple violations of the New York State Environmental Conservation Law.
Since at least 2006, NYCON has been illegally discharging liquid concrete, cement−laden runoff, gravel and other pollutants into the Dutch Kills tributary of Newtown Creek, the complaint alleges.
“This really sends a clear message to polluters that they are going to pay for noncompliance,” said Craig Michaels, an investigator for the environmental watchdog group Riverkeeper, which filed a notice of intent to sue NYCON for environmental violations several months ago.
A DEC official said a pre−hearing conference has been scheduled for Dec. 8. Typically, companies accused of environmental violations settle with the state before a judge hears the case, the official said.
City Councilman Eric Gioia (D−Sunnyside) praised the state for pursuing the case, likening the situation with polluters to the “broken windows” theory of urban decay, where neglect of one broken window soon leads to every window being broken.
“This is environmental broken windows,” he said. “For too long polluters think they can get away with anything since no one is looking.”
No one was available to comment at NYCON by press time Tuesday.
Though the situation may be resolved through negotiations, Michaels said Riverkeeper reserves its right to sue the company if state prosecution fails.
Gioia and Michaels said the NYCON case is the first instance of the state pursuing action against an alleged polluter on the Queens side of Newtown Creek.
The three−mile−long creek separates Brooklyn and Queens and is one of the most polluted waterways in the country. Formerly the site of several oil refineries, Newtown is also home to a massive underground oil spill believed to have started anywhere from 50 to 100 years ago.
A 2007 DEC study estimated the spill’s size at between 17 million and 30 million gallons, and the federal Environmental Protection Agency last month committed to an analysis of four sites at Newtown Creek to determine if the waterway should be designated a Superfund area.
The state Court of Appeals also recently reinstated criminal indictments against another concrete company, Quality Concrete, located on the Brooklyn side of Newtown Creek.
Reach reporter Jeremy Walsh by e−mail at jwalsh@timesledger.com or by phone at 718−229−0300, Ext. 154.
