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For Release: Thursday, November 17, 2016

DEC Statement on Regulatory Actions at Morgan Materials Site

DEC issues Summary Abatement Order to remove hazardous materials

The New‎ York State Department of Environmental Conservation (DEC) today issued a Summary Abatement Order (SAO) against Morgan Materials and its owner Donald Sadkin for the improper and unsafe storage of chemical and hazardous waste at their warehouse in Tonawanda, NY. After numerous inspections and multiple attempts to force the company to voluntarily improve conditions at its facility, DEC has taken strong regulatory action to secure the site and to oversee proper removal of hazardous material.

The SAO requires the company to immediately cease purchasing, receiving or acquiring chemical materials. The SAO also enables DEC to establish full control over the site, and as of November 10, 2016, DEC has provided 24-hour security. The site is secured and no unauthorized access will be allowed (including preventing further access to the site by its current owner).

DEC will partner with the Environmental Protection Agency's Emergency Response Team to secure the site, inventory all materials and carefully remove any considered hazardous for disposal at an appropriate facility. DEC will oversee the safe transport and disposal of all materials removed from the site, and the state's multi-agency contingency team will be on site to immediately address any safety issue should one arise.

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

Additionally, DEC is coordinating with the Attorney General's office to investigate and take appropriate legal action against the company and its owner.

Please refer to the DEC factsheet 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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