`QUEENS COUNTY
`-----------------------------------------------------------------------------x
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`THE PEOPLE OF THE STATE OF NEW YORK,
`:
`
`BASIL SEGGOS, Commissioner of the New York
`:
`
`State Department of Environmental Conservation,
`:
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`and THE NEW YORK STATE DEPARTMENT OF
`:
`ENVIRONMENTAL CONSERVATION,
`: Index No. _______________
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`:
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`:
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`: SUMMONS
`: (with attached Verified
`: Complaint)
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`:
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`:
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`:
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`:
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` Plaintiffs,
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`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 717005/2022
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`RECEIVED NYSCEF: 08/15/2022
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`
`
`
`
`-against-
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`LSM AUTO PARTS & RECYCLING INC.;
`LIBERTY SCRAP METAL INC.; BGN REAL
`ESTATE LLC; and THREE SONS REAL ESTATE
`GROUP LLC,
`
`
` Defendants.
`-----------------------------------------------------------------------------x
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`TO: LSM AUTO PARTS & RECYCLING INC.
`LIBERTY SCRAP METAL INC.
`BGN REAL ESTATE LLC
`THREE SONS REAL ESTATE GROUP LLC
`
`
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`YOU ARE HEREBY SUMMONED to answer the attached verified
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`complaint in this action and to serve a copy of your answer on the plaintiffs’
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`attorney within twenty (20) days after the service of this summons, exclusive of the
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`day of service (or within thirty (30) days after service is complete if this summons is
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`not personally delivered to you within the State of New York). In case of your
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`failure to appear or answer, judgment will be taken against you by default for the
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`relief demanded in the complaint.
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`Pursuant to New York CPLR §§ 503(a) and (c), the venue for this action is Queens
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`County, New York, because defendants LSM Auto Parts & Recycling Inc., Liberty
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`Scrap Metal Inc., and BGN Real Estate LLC are residents of Queens County, and a
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`substantial part of the events or omissions giving rise to plaintiffs’ claims occurred
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`in Queens County.
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`Dated: New York, New York
` August 12, 2022
`
`LETITIA JAMES
`Attorney General of the
`State of New York
`Attorney for Plaintiffs
`
` By:
`__________________________________
`Max Shterngel
`Assistant Attorney General
`New York State Department of Law
`Environmental Protection Bureau
`28 Liberty Street - 19th Floor
`New York, NY 10005
`(212) 416-6692
`Max.Shterngel@ag.ny.gov
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` Plaintiffs,
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`SUPREME COURT OF THE STATE OF NEW YORK
`QUEENS COUNTY
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`-----------------------------------------------------------------------------x
`
`THE PEOPLE OF THE STATE OF NEW YORK,
`:
`
`BASIL SEGGOS, Commissioner of the New York
`:
`
`State Department of Environmental Conservation,
`:
`
`and THE NEW YORK STATE DEPARTMENT OF
`:
`
`ENVIRONMENTAL CONSERVATION,
`:
`
`
`:
`: VERIFIED COMPLAINT
`:
`
`:
`Index No. _______________
`-against-
`:
`
`
`:
`
`LSM AUTO PARTS & RECYCLING INC.;
`:
`
`LIBERTY SCRAP METAL INC.; BGN REAL
`:
`
`ESTATE LLC; and THREE SONS REAL ESTATE
`:
`
`GROUP LLC,
`:
`
`
`:
`
` Defendants.
`------------------------------------------------------------------------------x
`Plaintiffs State of New York, New York State Department of Environmental
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`Conservation (DEC) and its Commissioner Basil Seggos (collectively, “the State”),
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`by their attorney, Letitia James, Attorney General of the State of New York, allege
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`as follows against Defendants LSM Auto Parts & Recycling Inc., Liberty Scrap
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`Metal Inc., BGN Real Estate LLC, and Three Sons Real Estate LLC (together,
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`“Salvage Yard Defendants”), on information and belief.
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`PRELIMINARY STATEMENT
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`1.
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`Vehicle dismantling involves taking apart automobiles to recover and
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`sell used auto parts and sell remaining metal to scrap dealers. Automobiles contain
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`many hazardous and toxic fluids, including engine oil, transmission fluid, transaxle
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`fluid, front and rear axle fluid, brake fluid, power steering fluid, antifreeze/coolant,
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`and fuel, most commonly gasoline (“Automobile Fluids”).
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`2.
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`Given the dangers posed by these fluids, Article 27, Title 23 of the New
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`York State Environmental Conservation Law (ECL) regulates commercial vehicle
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`dismantling. The law requires dismantlers to recover and reuse or properly dispose
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`of those fluids to avoid contaminating surface and ground waters, soil, and the air,
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`and to prevent adverse impacts on human health and the environment. ECL
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`Article 27, Title 23 (the “Vehicle Dismantling Law”) empowers the DEC
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`Commissioner and Attorney General are authorized to seek injunctive relief to cure
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`violations of, and to recover civil penalties from violators.
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`3.
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`Relatedly, petroleum spills have caused and can cause serious harm to
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`human health and safety and to New York’s water and other natural resources.
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`Article 12 of the New York State Navigation Law, the “Oil Spill Law,” addresses
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`that harm. The Oil Spill Law imposes strict liability on persons responsible for oil
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`spills, including owners of unremediated spill sites; requires immediate reporting
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`and containment of all spills; empowers the DEC Commissioner to order the
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`cleanup of spills; and empowers the Attorney General to bring actions for injunctive
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`relief and civil penalties. Spills of various petroleum products typically occur at
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`poorly managed dismantling operations that are run in violation of applicable laws
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`and regulations.
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`4.
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`To prevent petroleum spills, New York regulates tanks that store
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`petroleum under Article 17, Title 10 of the ECL. Pursuant to this statute, DEC has
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`issued comprehensive regulations to prevent the harm that leaks and spills from
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`petroleum storage tanks have historically caused to New York’s surface and
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`groundwater. Those regulations include requirement regarding design and
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`material composition, and secondary containment in case they leak.
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`5.
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`Salvage Yard Defendants own and/or operate an automobile salvage
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`yard on Liberty Avenue in Jamaica, Queens (the “Salvage Yard”). For years they
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`have operated the salvage yard in violation of New York’s Vehicle Dismantling Law,
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`DEC petroleum bulk storage regulations, and the Oil Spill Law. The Salvage Yard
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`has been a neighborhood eyesore and a source of contaminated runoff. The
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`subsurface is likely saturated with Automobile Fluids, although Salvage Yard
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`Defendants’ lack of cooperation with DEC has hindered the agency’s ability to
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`ascertain just how contaminated the Salvage Yard is. Below is a photograph of the
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`Salvage Yard in June 2021:
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`6.
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`The Salvage Yard is located in an area that DEC has identified as “a
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`minority or low-income community that may bear a disproportionate share of the
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`negative environmental consequences resulting from industrial, municipal, or
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`commercial operations.”
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`7.
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`DEC staff attempted to stop this illegal conduct and the environmental
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`damage by issuing notices of violation and tickets and then meeting with Salvage
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`Yard Defendants’ representatives to propose an administrative consent order with a
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`cleanup plan and civil penalty. Salvage Yard Defendants never responded to that
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`proposal and in late 2021 began paving over the yard without DEC’s consent or
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`evaluation and without remediating the contamination, ignoring DEC’s specific
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`admonition that they not pave it over before a proper subsurface evaluation and
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`appropriate remediation.
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`8.
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`The State therefore brings this action for a judgment: (a) finding
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`Salvage Yard Defendants liable for violating the ECL, Navigation Law and related
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`DEC regulations; (b) enjoining Salvage Yard Defendants to (i) investigate and
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`remediate, under DEC oversight, contamination from the spilled oil and improperly
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`released Automobile Fluids at the Salvage Yard, (ii) stop discharging or otherwise
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`releasing Automobile Fluids into the environment and cease dismantling vehicles
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`without capturing and containing all Automobile Fluids, (iii) remove all illegal
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`petroleum bulk storage tanks at the Salvage Yard and properly register any future
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`tanks with DEC, and (iv) file annual vehicle dismantling reports for 2019-2021 that
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`all vehicle dismantlers are required to file with DEC describing their activities and
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`disposition of waste fluids; and (c) awarding statutory civil penalties for Salvage
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`Yard Defendants’ violations of the ECL, Navigation Law, and DEC regulations.1
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`PARTIES
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`9.
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`Claims to recover penalties for violation of the Oil Spill Law are to be
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`brought in the name of plaintiff People of the State of New York.
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`10. Plaintiff State of New York is a sovereign State, with offices and a
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`principal place of business located at the Capitol, Albany, New York 12224.
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`11. Plaintiff DEC is an executive agency of the State and is authorized to
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`administer and enforce the Environmental Conservation Law and the Navigation
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`Law.
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`12. Plaintiff Basil Seggos is the Commissioner of DEC.
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`13. Defendant LSM Auto Parts & Recycling Inc. (“LSM”) is an active
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`domestic business corporation registered in Queens County in March 2016.
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`14. Defendant Liberty Scrap Metal Inc. (“Liberty Scrap”) is an active
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`domestic business corporation registered in Queens County in September 2012.
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`15. LSM, and Liberty Scrap before it, have operated the Salvage Yard at
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`all relevant times. LSM currently operates the Salvage Yard.
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` 1 Plaintiff DEC Commissioner recently issued an administrative order finding
`that defendant LSM violated State Pollutant Discharge Elimination System
`(SPDES) Multi-Sector General Permit for Stormwater Discharges Associated with
`Industrial Activity (GP-0-17-004) by failing to file annual certification reports and
`semiannual discharge monitoring reports. Neither that order nor the violations
`upon which that order are based are at issue in this action.
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`16. Defendant BGN Real Estate LLC (“BGN”) is an active New York State-
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`registered limited liability company that was registered in Queens County in
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`September 2016 with a registered service address c/o Victoria Gotti, 6 Birch Hill
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`Court, Old Westbury, New York.
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`17. Defendant Three Sons Real Estate Group LLC (“Three Sons”) is an
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`active New York State-registered limited liability company that was registered in
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`Nassau County in April 2010 with a registered service address c/o Victoria Gotti, 6
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`Birch Hill Court, Old Westbury, New York.
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`18. BGN is a wholly-owned subsidiary of Three Sons.
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`19.
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`In September 2016, Three Sons transferred title to the Salvage Yard
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`by deed to BGN, which currently owns the Salvage Yard.
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`JURISDICTION AND VENUE
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`20. This Court has jurisdiction over this case pursuant to Navigation Law
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`§§ 173, 176, 192, 193, and 200(1); ECL §§ 71-1929(3), 71-1931, and 71-2727(2); and
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`Judiciary Law § 140-b.
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`21. Venue is proper in Queens County pursuant to Civil Practice Law and
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`Rules § 503(c) because LSM, Liberty Scrap, and BGN are residents of Queens
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`County, and a substantial part of the events or omissions giving rise to the claim
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`occurred in Queens County.
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`RECEIVED NYSCEF: 08/15/2022
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`STATUTORY AND REGULATORY FRAMEWORK
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`1.
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` The Oil Spill Law and Regulations
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`22. The Oil Spill Law protects New York’s residents and natural resources
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`from the dangers posed by petroleum product spills, which include pollution of the
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`state’s surface and ground waters with toxic and carcinogenic chemicals, exposure
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`to harmful fumes, fire, and other hazards.
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`23. The Oil Spill Law prohibits “the discharge of petroleum” without a
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`permit. Navigation Law § 173. The statute defines “discharge” as “any intentional
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`or unintentional action resulting in the releasing, spilling, leaking, pumping,
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`pouring, emitting, emptying or dumping of petroleum into the waters of the state or
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`onto lands from which it might flow or drain into said waters.” Id. § 172(8). The
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`term “waters” includes all bodies of groundwater, whether natural or artificial. See
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`id. § 172(16).
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`24. The Oil Spill Law and the regulations that implement it require any
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`person responsible for causing a petroleum spill to notify DEC of that spill. Id. §
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`175; 17 NYCRR §§ 32.3.
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`25. The Oil Spill Law also requires any person responsible for causing a
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`petroleum spill “to undertake to contain such discharge.” Id. § 176(1). It also
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`authorizes DEC to “direct the discharger to promptly cleanup and remove the
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`discharge.” Id. § 176 (2)(A). The implementing regulations provide that the person
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`“responsible for causing a discharge which is prohibited by section 173 of the
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`Navigation Law shall take immediate steps to stop any continuation of the
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`discharge and shall take all reasonable containment measures to the extent he [or
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`she] is capable of doing so” and “shall also take those measures or actions necessary
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`for the cleanup and removal of the discharge.” 17 NYCRR § 32.5(a), (b).
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`26. The owner of property with discharged petroleum is strictly liable for
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`its cleanup and failure to contain the discharge under Navigation Law §§ 173 and
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`176(1). A current owner is liable for unremediated spills that occurred before the
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`current owner owned the property.
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`27. The Oil Spill Law provides that anyone who “fails to comply with any
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`duty created by” Article 12 shall be liable for a $25,000 civil penalty per offense, and
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`that each day of a continuing violation “shall constitute an additional, separate and
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`distinct offense.” Navigation Law § 192. An action to recover civil penalties under
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`Navigation Law § 192 may be brought “on order of the [DEC] commissioner and in
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`the name of the people of the state of New York.” Id. § 200(1).
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`2.
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`DEC Petroleum Bulk Storage Law and Regulations
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`28. Because of the damage that has been or can be caused by petroleum
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`leaks or spills from petroleum storage facilities, the Legislature has promulgated
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`ECL Article 17, Title 10, “Control of the Bulk Storage of Petroleum.” See ECL § 17-
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`1001 (“Legislative findings and declarations”). Title 10 regulates PBS facilities. A
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`PBS facility is defined as “a single property or contiguous or adjacent properties
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`used for a common purpose which are owned and operated by the same person on or
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`in which are located: (a) one or more stationary tanks which are used singularly or
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`in combination for the storage or containment of more than one thousand one
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`hundred gallons of petroleum; or (b) any tank whose capacity is greater than one
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`hundred ten gallons that is used for the storage or containment of petroleum, the
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`volume of which is ten percent or more beneath the surface of the ground.” Id. § 17-
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`1003(1).
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`29. ECL § 17-1005 directed DEC to promulgate regulations to provide for
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`the early detection of leaks and potential leaks from petroleum bulk storage
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`facilities and the proper closure of such facilities after they are removed from
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`service.
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`30.
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` 6 NYCRR § 613-1.9(a) requires PBS facility owners to maintain a
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`current and accurate facility registration with DEC.
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`31.
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`6 NYCRR § 613-4.1(b)(1)(i) requires that post-1986 aboveground
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`storage tanks with design capacity of 60 gallons or greater be constructed of steel.
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`32.
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`6 NYCRR § 613-4.1(b)(1)(v) (b)(6) requires that aboveground storage
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`tanks within 500 horizontal feet of a storm drain have secondary containment or
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`utilize a design/technology such that a product release is not reasonably expected to
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`occur.
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`33.
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`6 NYCRR § 613-4.2(a)(3) requires that aboveground storage tanks be
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`labeled with the design capacity, working capacity, and tank identification number.
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`34.
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`6 NYCRR § 613-4.2(a)(4) requires that aboveground storage tank
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`systems be color-coded in accordance with American Petroleum Institute
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`Recommended Practice 1637 at or near the fill port to identify the product inside
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`the system(s).
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`35.
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`6 NYCRR § 613-4.3(a)(1)(i) requires that aboveground storage tanks be
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`inspected monthly.
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`36.
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`6 NYCRR § 613-4.4(d)(1) requires PBS facilities to report every spill to
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`DEC within two hours after discovery, contain the spill, and begin corrective action.
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`37. Each violation of ECL Article 17, Title 10, including the PBS
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`regulations promulgated thereunder, is subject to a civil penalty of up to $37,500
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`per day. ECL § 71-1929(1). DEC can pursue such civil penalties through
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`administrative enforcement proceedings or judicial litigation. Id. §§ 71-1929(1), 71-
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`1929(3).
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`3.
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`The Vehicle Dismantling Law and Regulations
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`38. ECL Article 27, Title 23 governs vehicle dismantling facilities.
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`39. ECL § 27-2303(1) requires that all vehicle dismantlers submit an
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`annual report to DEC detailing: (a) the number of end of life vehicles received at the
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`facility; (b) the number of end of life vehicles crushed and removed from the facility;
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`(c) the number of end of life vehicles stored at the facility at the end of the reporting
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`year; (d) the approximate area at the facility used for storage of end of life vehicles;
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`(e) the quantities of waste vehicle fluids extracted from end of life vehicles received
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`and their disposition, including the quantity sold, used on-site, stored on-site, and
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`disposed; and (f) the number and nature of any violations of all applicable rules and
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`regulations of the state.
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`40. Additionally, DEC regulations at 6 NYCRR §§ 360.19(k), 361-7.5(b)
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`require that vehicle dismantling facility owners or operators must annually, by
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`March 1, submit certified reports detailing the facility’s compliance with 6 NYCRR
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`Parts 360 and 361 (and other parts not relevant here) and the terms of any permit
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`issued pursuant to part 360.
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`41. ECL § 27-2303(2) requires that all fluid draining, removal, and
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`collection activities shall be conducted on an asphalt or concrete surface or other
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`surface that allows equivalent protections to surface and groundwater. Such
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`surfaces shall be cleaned daily, or more frequently when spillage has occurred,
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`using absorbent materials that are collected and properly disposed of.
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`42. ECL § 27-2303(3) requires that all fluids shall be completely drained,
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`removed, collected, and stored for appropriate use, treatment or disposal.
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`43. ECL § 27-2303(5) requires that, prior to vehicle crushing or shredding,
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`environmental contaminants including Automotive Fluids shall be drained,
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`removed, deployed, collected, and/or stored as appropriate and in accordance with
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`best management practices.
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`44. ECL § 27-2303(6) requires that fluids be contained in an appropriate
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`container for the specific waste vehicle fluid, and that fluids shall be placed in
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`closed containers that are in good condition and clearly and legibly marked as to
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`contents and stored on a bermed asphalt or concrete surface or other surface that
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`allows equivalent protections to groundwater.
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`45. ECL § 27-2303.7 requires that all lead-acid batteries be covered by a
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`tarp or other means that severely restricts water from coming into contact with the
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`lead-acid battery.
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`46. ECL § 27-2303.9 and 6 NYCRR § 360-13.1(b) prohibit the storage of
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`1,000 or more waste tires at a time without first having obtained a permit to do so
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`pursuant to 6 NYCRR § Part 360.
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`47. ECL § 27-2303.10 requires that fluids not be intentionally released on
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`the ground or to surface water.
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`STATEMENT OF FACTS
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`1.
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`The Salvage Yard
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`48. LSM and its predecessor-in-interest Liberty Scrap have at all relevant
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`times operated the Salvage Yard, 155-11 Liberty Avenue, Jamaica, New York, also
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`known as 95-49 Tuckerton Street, Queens County block 10108, lots 312, 314, and
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`319.
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`49. The Salvage Yard is located in an area that DEC has identified as a
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`“potential environmental justice area.” Under DEC Commissioner Policy 29, DEC
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`defines such an area as “a minority or low-income community that may bear a
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`disproportionate share of the negative environmental consequences resulting from
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`industrial, municipal, or commercial operations or the execution of federal, state,
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`local, and tribal programs and policies.”
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`50. Three Sons purchased the Salvage Yard by deed dated April 9, 2010,
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`and transferred it by deed dated September 21, 2016, to its wholly owned successor-
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`in-interest BGN, which currently owns the Salvage Yard.
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`51. Although the Salvage Yard is registered with DEC as petroleum bulk
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`storage facility number 2-610668, it closed its only registered tank, a 275-gallon
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`aboveground storage tank for waste oil, in December 2015. Since then it has
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`utilized unregistered and otherwise non-compliant storage tanks, as described
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`below.
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`2.
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`Petroleum Spills and Other Violations at the Salvage Yard
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`52. On February 24, 2014, New York City Department of Environmental
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`Protection Hazardous Materials personnel reported petroleum spills at the Salvage
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`Yard to the DEC-operated New York State Spill Hotline. DEC added this to its
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`database of open petroleum spills and assigned it DEC spill number 1311084. A
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`petroleum spill remains open in DEC’s spills database until the spill is remediated
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`and required paperwork demonstrating a completed cleanup is submitted to DEC.
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`53. On January 19, 2017, DEC staff inspected the Salvage Yard and
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`observed petroleum and other Automobile Fluids pooled in several areas and
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`workers draining vehicles of fluids directly onto the ground. Based on those
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`observations, DEC staff opened DEC spill number 1609668, which was later
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`consolidated with still unremediated spill number 1311084. The photo below shows
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`a portion of the Salvage Yard on January 19, 2017.
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`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
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`INDEX NO. 717005/2022
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`RECEIVED NYSCEF: 08/15/2022
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`54.
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`In addition to the spill, DEC staff observed numerous Vehicle
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`Dismantling Law violations, including spills of antifreeze, oil, gasoline, diesel fuel
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`and transmission fluid on the ground, improperly stored lead-acid batteries, and a
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`large pile of waste tires.
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`55. On May 8, 2017, DEC staff again inspected the Salvage Yard and
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`observed new unreported and not-yet-remediated spills of petroleum and other
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`Automobile Fluids in pools on the soil in numerous areas at the Salvage Yard. DEC
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`staff opened DEC spill number 1701220, also subsequently consolidated with still
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`unremediated spill number 1311084 in DEC’s database.
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`56. DEC staff also observed two unregistered, plastic 250-gallon totes
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`being used as aboveground storage tanks. Such totes, typically used for non-potable
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`water or landscaping chemicals, are not suitable for petroleum storage due to their
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`structural integrity and inadequate heat resistance and violate DEC’s regulations
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`INDEX NO. 717005/2022
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`requiring that they be composed of steel, meet secondary containment or leak
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`requirements, and be labeled and color-coded. See 6 NYCRR §§ 613-4.1(b)(1), 613-
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`4.2(a).
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`57. On April 6, 2018, the New York City Department of Environmental
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`Protection (“NYC DEP”) received a complaint of petroleum spreading from the
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`Salvage Yard onto the street. NYC DEP reported this to DEC, and DEC staff
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`opened DEC spill number 1800198, also subsequently consolidated into still
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`unremediated spill number 1311084.
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`58. On July 18, 2018, DEC Environmental Conservation Officers and the
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`New York City Police Department executed a warrant at the Salvage Yard for
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`operating an unregistered scrapyard business, and observed, among other things,
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`discharge of waste oil and antifreeze on the ground around the Salvage Yard, which
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`spilled down the curb line and into a storm drain. DEC staff opened DEC spill
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`number 1804173, also subsequently consolidated with still unremediated spill
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`number 1311084.
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`59. Additionally, the Environmental Conservation Officers observed lead-
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`acid batteries stored in the open, without the covering required under ECL § 27-
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`2303.7 and over 1,000 used tires stored at the Salvage Yard without a permit, in
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`violation of ECL § 27-2303.9 and 6 NYCRR § 360-13.1(b).
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`60. On October 2, 2019, in an attempt to reach a comprehensive resolution
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`of outstanding spills and other violations at the Salvage Yard, a DEC Region 2
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`Assistant Regional Attorney sent Salvage Yard Defendants a letter by certified mail
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`INDEX NO. 717005/2022
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`RECEIVED NYSCEF: 08/15/2022
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`detailing the observed violations, accompanied by a proposed administrative Order
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`on Consent setting forth a proposed Corrective Action Plan and proposed civil
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`penalty amount.
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`61. The proposed Corrective Action Plan directed Salvage Yard
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`Defendants to submit a plan to determine the nature and extent of the
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`contamination at the Salvage Yard by Automobile Fluids. Once that occurred, it
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`directed that Salvage Yard Defendants submit and, upon DEC approval, implement
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`a remediation plan to fully remediate the contamination, as well as eliminate other
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`identified violations such as illegal, unregistered storage tanks and storage of lead
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`acid batteries in the open.
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`62.
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`Salvage Yard Defendants did not respond to the October 2, 2019 letter.
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`63. On November 18, 2020, NYC DEP inspected the conditions on the
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`street surrounding the Salvage Yard and observed a waste oil spill at the Salvage
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`Yard, with spillage into the street spanning half a block. DEC staff opened spill
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`number 2007449, also subsequently consolidated with still unremediated spill
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`number 1311084.
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`64. On April 19, 2021, the New York City Fire Department (FDNY) and
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`NYC DEP inspected the Salvage Yard and observed numerous pools of oil and other
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`Automobile Fluids all over the property. FDNY reported the oil spill to DEC, and
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`DEC staff opened spill number 2100550. DEC spill number 2100550 was
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`subsequently consolidated with still unremediated spill number 1311084.
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`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
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`INDEX NO. 717005/2022
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`RECEIVED NYSCEF: 08/15/2022
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`65. On May 11, 2021, FDNY, NYC DEP and DEC law enforcement
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`personnel observed a petroleum spill at the Salvage Yard and reported it to DEC.
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`DEC staff opened spill number 2101264, which was subsequently consolidated with
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`still unremediated spill number 1311084.
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`66. NYC DEP and DEC law enforcement additionally observed pooled
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`Automobile Fluids around the site, drums of gasoline and open pails of waste oil.
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`67. On June 9, 2021, DEC staff visited the Salvage Yard and observed oily
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`water with a heavy sheen, indicative of mixed petroleum contamination, flowing off
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`the lot, across the sidewalk, and into the gutter. DEC staff also observed that the
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`surface of the Salvage Yard was a combination of broken concrete, dirt, and vehicle
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`parts, with brown and black oil in nearly every depression of the property. Staff
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`observed oily water in the center of the Salvage Yard flowing from one area to
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`another, and varying amounts of antifreeze in the puddles. Along the Tuckerton
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`Avenue side of the property, vehicles were stacked in the street with oils flowing
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`from underneath. The photos below show the Salvage Yard on June 9, 2021.
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`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
`NYSCEF DOC. NO. 1
`NYSCEF DOC. NO.
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`INDEX NO. 717005/2022
`INDEX NO. 717005/2022
`RECEIVED NYSCEF: 08/15/2022
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`RECEIVED NYSCEF: 08/15/2022
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`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
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`INDEX NO. 717005/2022
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`RECEIVED NYSCEF: 08/15/2022
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`68. The Salvage Yard Defendants failed to conduct all fluid-draining,
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`removal, and collection activities on an asphalt or concrete surface, or other surface
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`that allows equivalent protections to surface and groundwater.
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`69. The Salvage Yard Defendants failed to clean the Salvage Yard’s
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`surfaces daily (or more frequently when spillage has occurred) using absorbent
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`materials that are collected and properly disposed of.
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`70. The Salvage Yard Defendants failed to completely drain, remove,
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`collect, and store all Automobile Fluids for appropriate use, treatment, or disposal.
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`71.
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` The Salvage Yard Defendants failed to (i) contain Automobile Fluids
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`in appropriate containers for the specific waste vehicle fluid, and (ii) place
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`Automobile Fluids in closed containers in good condition that are clearly and legibly
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`marked as to contents and stored on a bermed asphalt or concrete surface or other
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`surface that allows equivalent protections to groundwater.
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`72. By draining or otherwise releasing Automobile Fluids directly onto the
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`ground at the Salvage Yard without appropriate capture and containment, LSM
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`(and/or Liberty Scrap before it) intentionally released Automobile Fluids in
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`violation of ECL § 27-2303(10).
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`73. By draining Automobile Fluids directly onto the porous concrete
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`ground of the Salvage Yard in proximity to storm drains, the Salvage Yard
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`Defendants discharged substantial quantities of Automobile Fluids into the waters
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`of the State, either into groundwater or to surface water via storm drain.
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`FILED: QUEENS COUNTY CLERK 08/15/2022 06:33 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 717005/2022
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`RECEIVED NYSCEF: 08/15/2022
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`74. During the June 9, 2021 visit to the Salvage Yard, DEC staff also
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`observed approximately a dozen 55-gallon drums that NYC DEP had reported
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`during its recent inspections and determined to be to be filled with gasoline. DEC
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`staff also observed two 250-gallon plastic containers full of waste oil in the back of a
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`pickup truck. As discussed in Paragraph 56 above, these plastic containers are
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`illegal and are not suitable for petroleum storage due to their lack of structural
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`integrity and insufficient heat resistance.
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`75. During the June 9, 2021 visit to the Salvage Yard, DEC staff also
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`observed an unregistered 12-foot by four-foot-diameter, approximately 1,500-gallon
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`aboveground storage tank in the northeast corner of the Salvage Yard. This tank
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`violated DEC’s regulations requiring that it meet secondary containment or leak
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`requirements, be labeled and color-coded, and be kept in good working order. See 6
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`NYCRR §§ 613-4.1(b)(1), 613-4.2(a)
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`76.
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` The Salvage Yard Defendants failed to inspect the 1,500-gallon
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`aboveground storage tank on a monthly basis, and failed to keep any records
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`demonstrating compliance with the inspection requirement. See 6 NYCRR §§ 613-