For many years, a Jamaica-based auto salvage company acted without regard for the surrounding neighborhood, resulting in hazardous and toxic conditions that spilled out into the community, according to a lawsuit filed Aug. 16 by state Attorney General Letitia James and the Department of Environmental Conservation (DEC).
In addition to multiple unremedied gas and oil spills, petroleum and other toxic fluids pooled in several areas of the salvage yard. The lawsuit identified the owners and operators of the LSM Auto Parts & Recycling (LSM) automobile salvage yard, located at 155-11 Liberty Ave., for releasing these dangerous automotive chemicals and oil into the environment.
LSM employees often drained vehicle fluids directly onto the ground instead of into waste containers, thus allowing chemicals to permeate the soil and groundwater, according to James. LSM stored gas and other hazardous fluid waste in large plastic tanks, which were neither properly sealed nor capable of withstanding the heat or necessary containment of potential combustion, according to the attorney general’s office. Gas, oil and antifreeze regularly spilled out of the salvage yard and into the street, running down sidewalks and into storm drains.
“If you make a mess, you clean it up. Most learn this old adage before they speak their first words, but it’s clear LSM never did,” James said. “Instead LSM flouted our environmental protection laws and mismanaged toxic chemicals and pollutants which pose a serious, long-term threat. LSM will not get away with knowingly jeopardizing the health and safety of our communities. It’s time they clean up the dangerous mess they have made.”
My office and @NYSDEC are suing LSM Auto Parts, an auto salvage yard that ignored regulations for toxic waste cleanup and leaked dangerous chemicals and oil in Jamaica, Queens.
LSM put the health of our communities at risk, and it’s time they clean up the mess they made. pic.twitter.com/z3dWb4TCE4
— NY AG James (@NewYorkStateAG) August 16, 2022
DEC, the city Department of Environmental Protection, the NYPD and the FDNY have all repeatedly observed these conditions and violations of state laws and regulations that prevent the release of toxic and hazardous fluids from vehicle dismantling operations, according to James.
DEC contacted LSM in 2019 to alert them to violations and propose an administrative resolution to persisting hazards. LSM failed to respond, but their consultants suggested a plan for remediation was forthcoming. No such plan was ever presented to the DEC, according to the attorney general’s office. In late 2021, against the direction of DEC, LSM covered a significant portion of the salvage years with a layer of concrete, an action that obstructs both investigation and remediation.
The lawsuit alleges that LSM violated the state’s “vehicle dismantling law,” which requires that vehicle dismantlers recover and reuse or properly dispose of oil, gasoline, coolant and a host of other toxic automotive fluids to avoid contamination of surface and groundwater, soil and the air. LSM allegedly violated the “oil spill law,” which requires all spills of petroleum products to be immediately reported and contained in order to limit the spill’s pollution to surface and groundwaters and public exposure to fumes, fires and other hazards. The suit alleges that LSM violated DEC “petroleum bulk storage” regulations, which require facilities that store significant volumes of petroleum to securely contain the petroleum and provide for the early detection of leaks or petroleum leaks.
QNS reached out to LSM and is awaiting a response.
“Violations of New York state’s environmental laws and regulations are serious offenses that not only threaten our natural resources but also put a heavy burden on communities near non-compliant businesses,” DEC Commissioner Basil Seggos said. “The daily operations at LSM Auto Parts and its unremedied oil spills led to contaminated runoff that threatens the environment and the community. Despite DEC’s ongoing outreach to take proper steps for cleanup, the owners are unresponsive and continue to operate with blatant disregard for the environment and the local community.”
With the lawsuit, the Office of the Attorney General and DEC will ensure LSM’s owners and operators are held accountable by seeking financial penalties, as well as order LSM to submit to a work plan for investigating and remediating contamination at the site to be implemented upon approval be DEC and immediately move into compliance with hazardous fluid waste storage and disposal.
“DEC’s collaborative enforcement effort with Attorney General James and her office is a reminder that New York state has zero tolerance for anyone who breaks environmental laws that are created to protect public health and the environment,” Seggos said.
