4 New Settlements In Rye Brook Mercury Dumping Case: Feds

RYE BROOK, NY — Federal officials said a new binding agreement will require companies involved in a long-running Westchester County toxic dumping case to admit responsibility for the nearly 4,000 pounds of toxic mercury or mercury-containing materials released into a Sound Shore neighborhood and bankroll cleanup efforts.

Damian Williams, U.S. Attorney for the Southern District of New York, and Lisa Flavia Garcia, Regional Administrator for the EPA have announced that the U.S. has filed a civil lawsuit against American Iron & Metal (AIM), Culp Industries, Paramount Global and Public Service Company of New Hampshire (PSNH). The feds have simultaneously filed a negotiated consent decree settling the lawsuit.

SEE ALSO:

• Feds Recover $1.4M In Rye Brook Mercury Dumping Case
• Feds Settle Lawsuit For Mercury Release In Rye Brook
• Companies To Pay $212,000 Over Mercury Pollution in Rye Brook

“AIM, Culp, Paramount, and PSNH played a part in causing contamination in a residential community by arranging for the treatment or disposal of nearly 4,000 pounds of toxic mercury or mercury-containing materials, and now each is paying a share of the costs that EPA had to incur to clean up this site," U.S. Attorney Damian Williams said announcing the agreement. "This office continues to pursue and hold responsible parties accountable for their share of the costs at the site."

As alleged in the complaint filed Tuesday in White Plains federal District Court, each of the defendants arranged for Port Refinery’s treatment or disposal of used or scrap mercury and mercury-containing materials at the site. Port Refinery’s treatment and processing of mercury sent by the defendants and other parties led to extensive releases of mercury into the environment, necessitating two separate clean-up actions by the EPA. In connection with the second clean-up, EPA incurred costs at the site for investigative and removal activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the site, including from under neighbor homes and yards.

In the consent decree filed this week, the companies admit and accept responsibility for their part in the environmental catastrophe and will help bankroll the cleanup.

From the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining and processing. The business operated in the Village of Rye Brook out of a two-story garage bordered by private residences on its south, east and west sides. Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process, according to the EPA. Investigators said the company released a significant amount of mercury into the environment, contaminating the site. Mercury from the mercury-containing products was comingled at the site and contributed to the mercury released into the environment and the residential neighborhood.

In the consent decree, each defendant admits and accepts responsibility for directly or indirectly delivering mercury to Port Refinery:

• AIM delivered 1,033 pounds of mercury to Port Refinery during Port Refinery’s period of operations.
• Culp delivered 527 pounds of scrap mercury to Port Refinery during Port Refinery’s period of operations.
• Paramount delivered to Port Refinery, via a third-party broker, ten drums containing at least 600 pounds of mercury residue for refining by Port Refinery during Port Refinery’s period of operations.
• PSNH sold 1,754 pounds of used mercury containing titanium or magnesium to a third-party broker during Port Refinery’s period of operations, and the EPA has determined that those surplus mercury and mercury-containing materials came to be located at the site.
• Pursuant to the consent decree, the defendants will pay a total of $437,255 in costs incurred by the EPA.

This most recent lawsuit is the seventh against responsible parties to recover clean-up costs for the second clean-up at the site. With this settlement, the U.S. has recovered a total of $2,819,392 from responsible parties.

The consent decree will be lodged with the court for at least 30 days before it is submitted for the court’s approval to provide public notice and to allow for public commentary.

"With an additional $437,255 in cleanup costs that will be recovered by EPA, this settlement is good news and it brings the total amount recovered from responsible parties for this cleanup to more than $2.8 million," EPA Regional Administrator Lisa F. Garcia said. "This case demonstrates EPA’s commitment to clean up harmful pollution while holding accountable those entities that are responsible for cleanup costs."

This case is being handled by the U.S. Attorney for the Southern District of New York Environmental Protection Unit.