For Release: Wednesday, February 23, 2011
DEC Reaches Settlement with Revere Smelting and Refining Corporation and Eco-Bat New York LLC
Agreement to Result in Facility Upgrades, Extensive Clean Up, Penalties and a Project to Benefit the Environment
The New York State Department of Environmental Conservation (DEC) announced today that it has entered into a Consent Order settlement with Revere Smelting and Refining Corporation ("Revere") and Eco-Bat New York LLC ("Eco-Bat"), companies which own and operate a lead smelting and battery recycling facility in Middletown, Orange County. The battery recycling operation by Revere has been in existence since 1972, and the facility is one of the largest recyclers of automobile and other vehicle batteries in the Northeast United States.
"Ensuring the proper treatment, management, and storage of hazardous materials and the appropriate cleanup of any releases is a cornerstone of DEC's hazardous waste programs," DEC Regional Director Willie Janeway said. "This settlement will protect public health and the environment, while ensuring that the operation of a battery recycling facility continues to support the local economy."
The Order resolves an enforcement proceeding initiated by DEC after several investigations of the facility in 2009 and 2010 revealed violations of spills reporting and response requirements. The enforcement proceeding also involved continuing treatment and containment of hazardous waste at the facility and an ongoing remedial program to address contamination. The Order requires:
- upgrades to the containment building at the facility to prevent future harm to the environment; and
- remediation of certain properties impacted by the smelting and recycling operations.
"In the past, Revere has been cooperative in correcting issues at their facility and in this case we are confident they will do the same to operate in an environmentally responsible way," said Supervisor John Ward, Town of Wallkill.
The settlement specifically requires Revere and Eco-Bat to perform the following actions:
- Construct a new liner floor system for the containment building where battery recycling occurs, which will prevent future releases of hazardous waste to the environment.
- Undertake a study of the contamination in the areas where battery recycling is conducted, to identify the steps which will need to be taken to ensure that the contamination from operations will be properly addressed when the facility is closed.
- Post a financial guarantee once DEC approves a closure plan for the facility.
- Remediate the remainder of the inactive hazardous waste disposal site in accordance with a remedy which DEC issues for this property. An aspect of the remedy will involve the excavation and proper disposal of contaminated soil and sediments.
- Construct a parking area for the storage of trailers containing lead acid batteries prior to processing, which will contain any spills from these trailers.
- Pay a $150,000 penalty; and complete a Department-approved project to benefit the environment with a value of $300,000.