Empire Transit Mix, Inc., Violating Refuse Act, New York 2005

Greenpoint, NY – Empire Transit Mix, Inc. was sentenced following a guilty plea to federal charges of polluting a New York waterway, according to court records unsealed this week. The company, operating a facility in Brooklyn, admitted to illegally discharging process wastewater into the English Kills, a tributary of Newtown Creek – a waterway already burdened by decades of industrial contamination.

The Environmental Protection Agency (EPA) brought the case against Empire Transit Mix in May 2005, alleging violations of the Clean Water Act. Investigators determined that the company’s two on-site holding basins, designed to contain process wastewater, were insufficient to manage heavy flows, leading to untreated effluent entering the English Kills. The specific charge stemmed from violations of the Refuse Act (33 U.S.C. §407), which prohibits the discharge of pollutants into navigable waters of the United States without a permit.

While the details of the specific pollutants discharged weren’t immediately available, the English Kills and Newtown Creek have a long history of receiving industrial runoff, including oil, chemicals, and sewage. Environmental advocates have long called for comprehensive remediation of the creek, citing the detrimental impact on aquatic life and potential human health risks. This case highlights the ongoing challenges in enforcing environmental regulations and holding industrial facilities accountable for their waste management practices.

Court documents show Empire Transit Mix pleaded guilty to eight counts of violating the Refuse Act. The sentencing, handed down earlier this year, included a three-year probationary period, a $1,000 special assessment fee, and a hefty $300,000 federal fine. A significant portion of the fine – $150,000 – was directed to the River Keepers of New York, a non-profit organization dedicated to protecting and restoring the state’s waterways. This allocation suggests an effort to mitigate the damage caused by the pollution and support ongoing environmental restoration efforts.

The EPA’s criminal enforcement case against Empire Transit Mix underscores the agency’s commitment to protecting vital waterways. However, critics argue that the penalties levied in cases like these are often insufficient to deter future violations. The relatively modest fine, compared to the potential environmental damage and remediation costs, raises questions about the effectiveness of current enforcement mechanisms. Further investigation is needed to determine if Empire Transit Mix has implemented adequate safeguards to prevent future discharges.

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Key Facts

Defendant: Empire Transit Mix, Inc.
Location: Brooklyn, New York
Crime: Illegal discharge of process wastewater into the English Kills.
Statute Violated: Refuse Act (33 U.S.C. §407) – a component of the Clean Water Act.
Penalty: 36 months probation, $1,000 special assessment, $300,000 federal fine ($150,000 to River Keepers of New York).
Date of Charge: May 12, 2005

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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