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Tuesday, October 22, 2019

New York entities allege American Locker Group Inc. site contaminated soil, groundwater

By Noddy A. Fernandez | Feb 20, 2018

BUFFALO, N.Y. (Legal Newsline) – Officials in New York allege a site in Gowanda has contaminated the soil and groundwater and are seeking to hold several companies responsible for cleanup costs.

State of New York, New York State Department of Environmental Conservation and Basil Seggos filed a complaint on Feb. 2 in the U.S. District Court for the Western District of New York against American Locker Group Inc., formerly known as Automatic Voting Machine Corp., individually and as successor to Knowles-Fisher Corp.; and Edward Ruttenberg citing the Comprehensive Environmental Response, Compensation and Liability Act of 1980.

According to the complaint, the plaintiffs allege that they anticipate costs to respond to the release and threatened release of hazardous substances at One Industrial Place in Gowanda. The suit states that the defendants managed, directed and conducted operations relating to disposal of hazardous waste at the site.

The suit states the site was used as a metal stamping/machine shop from World War II until 1979 and that solvents were spilled, leaked or disposed of on the site, which contaminated soil and groundwater.

The plaintiffs allege the defendants participated in the creation and/or maintenance of the public nuisance and failed to abate the public nuisance and to remediate the contamination.

The plaintiffs seek judgment for costs and expenses, attorneys' fees, and costs of enforcement incurred, and such other and further relief, in law or in equity, as the court deems just and proper. They are represented by New York Attorney General Eric T. Schneiderman and Stephen M. Nagle of Environmental Protection Bureau in Albany, New York.

U.S. District Court for the Western District of New York case number 1:18-cv-00176-LJV

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U.S. District Court for the Western District of New York

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