Empire Transit Mix, Inc., Water Pollution, NY 2005

Greenpoint, NY – Empire Transit Mix, Inc. was sentenced following a guilty plea to federal charges of violating the Clean Water Act, stemming from the illegal discharge of process wastewater into the English Kills, a tributary of Newtown Creek in Brooklyn, New York. The case, brought forth by the Environmental Protection Agency (EPA), highlights ongoing concerns regarding industrial pollution impacting waterways in the heavily industrialized Greenpoint area.

According to court documents, Empire Transit Mix, a facility operating with two process wastewater holding basins, failed to adequately contain runoff during periods of heavy flow. This resulted in untreated wastewater escaping the facility and directly entering the English Kills. The English Kills and Newtown Creek have a long history of environmental contamination, and this incident added to the existing burden on the already stressed ecosystem. While the specific composition of the discharged wastewater wasn’t detailed in available reports, process water from concrete mixing operations often contains alkaline substances and sediment, posing a threat to aquatic life and water quality.

The charges, filed on May 12, 2005, consisted of eight counts of violating the Refuse Act (33 U.S.C. § 407), a statute prohibiting the discharge of pollutants into navigable waters of the United States without a permit. The EPA’s investigation revealed a pattern of non-compliance with regulations designed to prevent such discharges. Investigators determined that the facility’s containment systems were insufficient to handle typical rainfall events, leading to repeated overflows and subsequent pollution of the waterway.

The guilty plea secured by federal prosecutors resulted in a 36-month probationary sentence for Empire Transit Mix, Inc. In addition to probation, the company was ordered to pay a $1,000 special assessment fee and a substantial $300,000 federal fine. A significant portion of the fine – $150,000 – was specifically directed to the River Keepers of New York, a non-profit environmental organization dedicated to protecting and restoring the Hudson River and its tributaries. This allocation demonstrates an effort to mitigate the environmental damage caused by the illegal discharge and support ongoing restoration efforts.

This case serves as a reminder of the stringent regulations governing industrial discharge and the potential consequences of non-compliance. The Newtown Creek and surrounding waterways continue to be subject to ongoing remediation efforts under the Superfund program, and incidents like this underscore the need for continued vigilance and enforcement of environmental laws. Local environmental groups have long advocated for stricter oversight of industrial facilities in the area, citing a history of pollution and inadequate preventative measures.

The EPA continues to investigate potential violations of the Clean Water Act and other environmental regulations. Citizens who suspect illegal dumping or pollution are encouraged to report their concerns to the EPA’s National Response Center.

Table of Contents

Key Facts

Defendant: Empire Transit Mix, Inc.
Location: Greenpoint, Brooklyn, New York
Crime: Violation of the Clean Water Act (33 U.S.C. § 407 – Refuse Act)
Year: 2005
Penalty: 36 months probation, $1,000 special assessment, $300,000 federal fine ($150,000 to River Keepers of New York)
Details: Illegal discharge of process wastewater into the English Kills, a tributary of Newtown Creek.

Source: EPA ECHO Enforcement Case Database

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