Raritan Baykeeper, Inc., Riverkeeper, Inc., and two persons (collectively “Baykeeper”) have filed a complaint for declaratory and injunctive relief and civil penalties (“complaint”) with the United States District Court (EDNY) against the following companies and persons:
- American Recycling Management, LLC
- Christophe Hein
- Regal Recycling Co. Inc.
- Royal Carting Company, Inc.
- Royal Waste Services, Inc.
- Michael real
(collectively “American Recycling”
The defendants are alleged to own and operate recycling and garbage disposal facilities in Queens, New York.
Baykeeper alleges that American Recycling facilities dumped pollution in Jamaica Bay without a permit from the National Pollution Discharge Disposal System (“NPDES”) under the Clean Water Act. The complaint is lodged in accordance with the provisions for the application of citizen prosecutions contained in article 505 of the Law on water purification.
American Recycling facilities discharge two distinct types of waste that violate sections 301 and 402 of the Clean Water Act, including:
- Polluted rainwater associated with industrial facilities from waste treatment facilities
- Polluted wastewater, including leachate (water that has come into contact with garbage) and water used to wash garbage trucks and tipping chamber floors, into the public waterway, then down the sewer public rain
Both of the alleged sewage discharges are reported to be heading to United States waters (i.e. Jamaica Bay).
The complaint includes an allegation that the facilities constitute a violation of local and state laws and regulations applicable to waste management facilities and, therefore, allegedly constitute a nuisance in themselves.
The complaint calls for various forms of redress such as:
- Injunction measures related to alleged rejections
- Injunctive relief requiring immediate application for coverage and compliance with all Clean Water Act permit applications
- Injunction requiring action to remedy the alleged harm caused by the breach
- Action to reduce the alleged nuisance
- Payment of civil penalties and litigation costs
A copy of the complaint can be downloaded here.