For Release: Friday, March 4, 2005

DEC Releases Results of Enforcement Initiatives

Cases Build on Strong Record of Environmental Enforcement Across New York

New York State Department of Environmental Conservation (DEC) Acting Commissioner Denise M. Sheehan today released results of DEC enforcement initiatives for 2004, which show continued progress in identifying and correcting sources of environmental pollution and promoting greater compliance with State and Federal laws and regulations.

"Holding polluters accountable is essential to improving New York's environment and protecting the quality of life our citizens enjoy," Commissioner Sheehan said. "We have worked hard during the past year to bring parties into compliance and encourage facilities across the State to operate in an environmentally sound manner. Enforcement action is one of our most effective tools to ensure our natural resources remain protected."

DEC issued 2,598 consent orders in 2004. Under a consent order with DEC, an individual or company typically agrees to pay a penalty for its environmental violations, come into compliance with State and federal environmental laws and regulations, and, where necessary, clean up any pollution that it caused. In addition, in 2004, DEC imposed 24 Commissioner Orders requiring polluters who refused to sign consent orders to pay appropriate penalties. For 2004, DEC imposed civil penalties through consent orders requiring responsible parties to pay approximately $11.9 million.

As part of the civil penalties, DEC environmental enforcement actions resulted in violators paying more than $800,000 toward environmental benefit projects (EBP). These projects provide environmental and public health protection or improvements in areas where environmental incidents occurred. These funds can be used on a number of projects to enhance natural resources, including habitat restoration, expansion of outdoor recreational opportunities, improvements to water quality and reduction of air pollution.

DEC enforcement highlights for 2004 include:

State Superfund Program: 22 consent orders were issued to responsible parties, committing them to invest nearly $100 million to perform investigations and remedial work at inactive hazardous waste disposal sites. A total of 64 Voluntary Cleanup and Brownfield agreements were also finalized.
Onondaga Lake - DEC issued consent orders to Honeywell to address contamination entering Onondaga Lake from certain locations. Under a separate agreement, Honeywell agreed to pay the State $4.2 million in past oversight costs. The company will also perform an interim remedial measure at the Harbor Brook site, preliminary site assessments at two others sites, and develop and implement a Remedial Design/Remedial Action plan at another location.
Pesticides - DEC settled an enforcement action with Reckitt Benckiser for distributing and selling several pesticides in New York State prior to registering them and distributing and selling other pesticides after registrations had lapsed. Under terms of a consent order, the company paid a $100,000 penalty and $400,000 for an EBP to collect and dispose of old pesticide products. The company also agreed to make available free software to pesticide manufactures to track compliance with product registration requirements.
Petroleum Bulk Storage - DEC issued a global consent order to Getty Petroleum requiring the company to conduct environmental audits at 400 gas stations throughout the State to ensure the facilities are operating in compliance with environmental laws and regulations. Under the order, Getty paid a $2 million penalty and agreed to remedy any environmental non-compliance found during the audit.
Hazardous Waste and Groundwater Contamination - DEC and IBM entered into a consent order that requires IBM to investigate and remediate contamination in the Village of Endicott and Town of Union. Among other activities, the order requires IBM to: an investigation of potential sources of pollution and develop cleanup measures; implement four Interim Remedial Measures to immediately address known contamination at the site; and install several groundwater pump-and-treat systems.
Natural Resource Damages: As a result of a 1986 discharge of 650,000-750,000 gallons of gasoline from Northville Industries' Holtsville facility, the company agreed to pay $2,600,000 for damages to the State's natural resources pursuant to the terms of a consent order with DEC. In addition, the order included the DEC-approved Closure report for one portion of the Site, as well as a Remedial Plan and Compliance Schedule to provide for certain monitoring and other activities. In addition, Oak Mitsui, as a result of a release to the Hoosic River from its facility that resulted in a fish kill, pursuant to an Order with DEC, paid $190,000 to the State into a Natural Resource Damages Account to be used for a natural resource restoration project. They also paid $10,000 to the federal government.

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