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Morgan Materials Inc.

map of Morgan facility location in Tonawanda, NY

DEC has taken regulatory action against Morgan Materials Inc. and its owner, Donald Sadkin, for the improper and unsafe storage of hazardous chemicals and wastes at their warehouse at 380 Vulcan Street in the Town of Tonawanda, NY.

After dozens of inspections and several attempts to force the company to improve conditions at its facility, DEC has taken strong regulatory action to protect the public and the environment by issuing a Summary Abatement Order (SAO). The SAO requires the company to immediately cease purchasing, receiving or acquiring chemical materials. The SAO also enables DEC to establish full access and control over the site, and to take the necessary next steps to address safety. As of November 10, 2016, DEC has provided 24-hour security at the site.

Morgan Materials purchases off-specification chemicals, or excess materials and attempts to resell these chemical "seconds" to domestic and international entities. The company has accumulated substantial quantities of these chemicals and materials and repeated inspections indicate that they have engaged in improper and illegal storage practices.

The majority of the flammables at the site, consisting mainly of epoxies and resins, have already been identified and some of the suppliers of these chemicals have already volunteered to remove and properly dispose of the materials. Although removal by some of these suppliers is ongoing, Morgan initially delayed these voluntary efforts. Despite repeated attempts to work with the company's owner, the company is unable or unwilling to bring the facility fully into compliance which further necessitated DEC's regulatory action.

Next Steps

With 24-hour security in place, DEC has referred the site to the Environmental Protection Agency's Emergency Response Team (ERT) - a highly specialized and experienced team that is specifically equipped and designed to secure sites such as this and to carefully remove any hazardous materials.

The ERT will immediately mobilize to take over the security at the site which is presently being provided by the DEC. Their 24-hour security will prevent unauthorized access to the site (including preventing further access to the site by its current owner). The team will then begin to carefully inventory all materials at the site and remove any considered hazardous. Any hazardous materials found will be properly contained and safely removed from the site for disposal at an appropriate facility. Depending on site and weather conditions, removal work could take several months. In addition, DEC has referred this matter to the Attorney General's office to investigate and take appropriate legal action against the company and its owner.

Safety Precautions

To protect the community during this effort, the site will remain in the control of State and Federal authorities with 24-hour a day on-site security and access to the property will be restricted to regulated authorities only. With constant monitoring in place, the company is no longer able to accumulate additional waste and chemicals on site. The existing materials on site will now be carefully inventoried and removed if needed without interference by its current owner.

The ERT, along with the state's multi-agency contingency team, will be on site to immediately address any safety issue should one arise. The safety of the community is paramount, and the actions planned are designed to address the potential for any threat this facility could pose.

Please refer to the DEC factsheet (PDF) for additional information. Members of the community and school district with questions regarding this facility may contact DEC at 716-851-7220 (M-F 8:30 - 4:30) or 1-877-457-5680 after business hours or in case of an emergency.

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