Environment DEC
From the November 2007 issue
DEC Investigation Into Aquebogue Hazardous Waste Dumping Results in Conviction, Penalties
An investigation into illegal dumping of hazardous waste at a site in the Town of Riverhead has resulted in a criminal conviction and $1.575 million in penalties. The investigation was launched by the Department of Environmental Conservation (DEC) and supported by the Suffolk County District Attorney's Office.
Chemicals from the manufacture of hair dyes and eye drops are among the hazardous waste that may have contaminated groundwater
Altaire Pharmaceuticals, Inc. signed a consent order with DEC agreeing to a $200,000 penalty and a $175,000 suspended penalty, pending cleanup of its contaminated site in Aquebogue. In addition, Sawaya Holding Corp., which is tied to Altaire Pharmaceuticals and other related companies, pleaded guilty to one count of endangering the public health, safety and the environment in the third degree, a Class E felony. Sawaya Holding Corp. has been ordered to pay an asset forfeiture of $1.2 million and was sentenced to a three-year conditional discharge.
Investigation
The case began in December 2004 when DEC's Bureau of Environmental Crimes Investigations (BECI) received a phone call claiming that Altaire Pharmaceuticals, Inc. had dumped the contents of a partially filled 5,000-gallon waste tank into a floor drain at their facility. BECI began an investigation and subsequently learned about other incidents of mishandling of hazardous waste at the 150,000-square-foot facility under the direction of company president Assad Sawaya.
In April 2005, BECI executed a search warrant on the site. During the search, business records and samples of the sewage system were seized. Several contaminants were found, including selenium, benzene, methylene chloride, acetone and D001 ignitable waste--waste that is capable of igniting at a temperature of less than 140 degrees Fahrenheit.
Prosecution
Following analysis of the seized evidence, the district attorney's Environmental Crimes Unit began prosecution of the leaseholder, Sawaya Holding Corp., resulting in the guilty plea. The consent order dictates that Altaire Pharmaceuticals is responsible for abiding by all state and local regulations. In addition, Altaire is required to submit a work plan for remediation of the contaminated site within 20 days and begin appropriate remediation of the site within 65 days of the signed consent order.
