For Release: Friday, February 6, 2004
DEC Releases Results of Enforcement Initiatives
Numbers Show Continued Progress in Protecting Public Health, Environment
New York State Department of Environmental Conservation (DEC) Commissioner Erin M. Crotty today released results of DEC enforcement initiatives for 2003, which show continued progress in identifying and correcting sources of environmental pollution and promoting greater compliance with State and federal environmental laws and regulations.
"DEC's commitment to protecting public health and the environment is stronger than ever," Commissioner Crotty said. "By continuing to support the 'polluter pays' principle, we are ensuring greater environmental compliance among individuals and businesses in the State, and improving the quality of life for all New Yorkers."
DEC issued 3,211 consent orders to polluters in 2003, and imposed civil penalties through the consent orders totaling approximately $9.7 million. Under a consent order with DEC, an individual or company 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 2003, Commissioner Crotty imposed orders requiring polluters who refused to sign consent orders to pay approximately $1.3 million in penalties.
As a result of DEC enforcement actions in 2003, environmental violators agreed to pay $1.8 million for environmental benefit projects. These projects provide environmental and public health protection or improvements in areas where environmental incidents occurred. These funds can be used to acquire important natural resource areas, restore habitat, expand outdoor recreational opportunities, improve water quality and reduce air pollution, among other positive initiatives.
A chart containing a detailed breakdown of DEC enforcement statistics for the years 1999-2003 is attached.
DEC enforcement program highlights of 2003 include:
- State Superfund Program: 31 consent orders were issued to responsible parties, committing them to invest more than $98 million to perform investigations and remedial work at inactive hazardous waste disposal sites. A total of 66 Voluntary Cleanup and Brownfield agreements were also executed.;
- Petroleum Bulk Storage Initiative: DEC continued its enforcement initiative to address petroleum bulk storage facilities that were in either violation of tank system tightness testing or registration requirements contained in State regulations. During 2003, 1,551 consent orders were issued by the DEC, which assessed over $1.2 million in penalties. The initiative also resulted in the registration of 1,350 petroleum bulk storage facilities that had never previously been registered.
- Air Enforcement Highlights: In conjunction with the Attorney General's office, DEC reached a settlement in June 2003, resulting in major air pollution cuts at the Lovett coal-fired power plant. Under terms of the settlement, the plant's current owner, Mirant New York, Inc., will be required to install new equipment that reduces nitrogen oxide and sulfur dioxide emissions. The agreement also requires the former owner of the facility, Orange and Rockland Power Co., to pay a $600,000 penalty and an additional $800,000 to fund energy conservation and clean renewable energy projects. The State initiated this enforcement action in 2000 against Orange and Rockland Power Co. for violating the federal Clean Air Act by making major modifications to the coal plant without also installing "best available control technology," as required by federal law. Orange and Rockland Power Co. sold the plant in 1999. As the current owner, Mirant has the responsibility to install the enhanced pollution controls.
- Water Enforcement Highlights: DEC has issued compliance actions regarding the implementation of new stormwater construction regulations that became effective in March 2003. The regulations require any entity conducting construction activities on more than one acre of land to obtain a general permit prior to the start of construction. DEC has conducted extensive public outreach and education activities to inform the public of the new requirement, and has taken several enforcement actions to address violations.
- Hazardous Waste Enforcement Highlights: Commissioner Crotty issued an order in February 2003 against H.S. Finishing Products, Brooklyn, which assessed a penalty of $675,000 for 27 violations of the State's hazardous waste regulations.
- Criminal Enforcement Highlights: An investigation by DEC determined that the President and employees of Dagen Trucking crushed and buried approximately 300 five-gallon can and a dozen 55-gallon drums of hazardous substances on a site in Menands, Albany County, adjacent to the Hudson River. The parties were indicted on two felonies and one misdemeanor charge for the unauthorized release and disposal of pollutants. In 2003, the president of the company was sentenced to serve five years probation; ordered to perform 500 hours of community service and pay for the clean up and investigative costs; and ordered to pay a criminal fine of $5,000.
| New York State Department of Environmental Conservation Environmental Enforcement Statistics by Calendar Year | |||||
|---|---|---|---|---|---|
| 1999 | 2000 | 2001 | 2002 | 2003 | |
| Consent Orders | 2477 | 3066 | 3568 | 2,688 | 3,211 |
| Payable Penalties Imposed thru Consent Orders | $7,382,180 | $7,276,775 | $10,288,519 | $10,730,410 | $9,715,269 |
| Commissioner Orders | 13 | 421 | 9 | 5 | 432 |
| Payable Penalties Imposed thru Commissioner Orders | $195,250 | $1,579,050 | $85,250 | $376,500 | $1,362,333 |
| Payable Penalties thru Other Enforcement Actions3 | $465,360 | $1,082,310 | $1,424,718 | $2,637,154 | $892,257 |
| Total Value of EBP's4 | $3,109,350 | $934,965 | $4,863,500 | $7,627,001 | $1,825,500 |
| Total Payable Penalties & EBP's | $11,152,140 | $10,873,100 | $16,661,987 | $21,371,065 | $13,795,359 |
| Vol. Cleanup & Brownfield Agreements | 31 | 52 | 84 | 77 | 66 |
| AG Referrals - Oil Spill | 223 | 224 | 154 | 158 | 103 |
| AG Referrals - Civil | 47 | 50 | 71 | 59 | 49 |
| AG Referrals - Criminal | 74 | 77 | 55 | 44 | 22 |
| Superfund Orders | 63 | 52 | 43 | 41 | 31 |
| Total Value of Superfund Orders | $158,500,000 | $59,269,250 | $57,767,750 | $65,981,250 | $98,420,360 |
1 Number includes 24 default judgments taken in Petroleum Bulk Storage Enforcement Initiative.
2 Number includes 25 default judgments taken in a variety of enforcement actions.
3 "Other Enforcement Actions" includes actions such as Judicial Consent Decrees and Regulatory Fee Resolutions.
4 Environmental Benefit Projects (EBP's) allow qualifying entities to fund community environmental projects in partial mitigation of penalties. Dollar amounts represent total payments for projects.
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