BROOKLYN, N.Y. (Legal Newsline) – Nonprofit environmental organization Sierra Club alleges four facilities in New York are unlawfully discharging polluted stormwater.
Sierra Club Inc. filed a complaint on Sept. 25 in the U.S. District Court for the Eastern District of New York against Nicolia Ready Mix Inc., Nicolia Concrete Products Inc., Nicolock Paving Stones LLC and Robert L. Nicolia alleging violation of Federal Water Pollution Control Act, or the Clean Water Act.
According to the complaint, the plaintiff alleges that the defendants discharged polluted stormwater runoff from their ready-mix concrete, concrete product manufacturing and stone-cutting facilities in New York into the waters of the United States. The plaintiff claims the stormwater discharges contribute to the "endemic stormwater pollution problem."
The plaintiff alleges the defendants failed to obtain coverage under and comply with the conditions of an individual National Pollutant Discharge Elimination System or a permit from the state of New York for stormwater discharge.
The plaintiff requests a trial by jury and seeks to order the defendants to take appropriate actions to remediate the harm caused, pay for civil penalties, costs of litigation and award any such other and further relief as the court may deem appropriate. It is represented by Nicholas Tapert and Edan Rotenberg of Super Law Group LLC in New York.
U.S. District Court for the Eastern District of New York case number 2:17-cv-05587-ADS-AYS