BROOKLYN, N.Y. (Legal Newsline) – A nonprofit corporation alleges a ready-mix concrete facility in New York is discharging polluted stormwater.
Raritan Baykeeper Inc. filed a complaint on May 3 in the U.S. District Court for the Eastern District of New York against Queens Ready Mix Inc. citing the Federal Water Pollution Control Act (Clean Water Act).
According to the complaint, the plaintiff alleges that the defendant discharges polluted stormwater runoff from its industrial site in Jamaica, New York and does not have a permit to do so. The plaintiff alleges the defendant has failed to obtain coverage under and comply with the National Pollutant Discharge Elimination System conditions.
The plaintiff holds Queens Ready Mix Inc. responsible because the defendant allegedly failed to implement adequate control measures and best management practices in order to minimize the discharge of pollutants from the facility.
The plaintiff requests a trial by jury and seeks judgment against defendant, civil penalties of $37,500 per day per violation of the CWA, costs of litigation, investigative costs, attorneys’ fees and other costs and further relief as the court may deem appropriate. It is represented by Michael DiGiulio of Super Law Group LLC in New York.
U.S. District Court for the Eastern District of New York case number 1:18-cv-02619