New York Attorney General Letitia James and Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar announced a settlement securing full remediation and up to $497,000 in penalties against LSM Auto Parts & Recycling (LSM), BGN Real Estate, and two related companies for releasing dangerous automobile fluids and oil at a vehicle scrap yard in Jamaica, Queens. LSM ignored regulations governing the proper disposal of toxic automobile waste, resulting in significant oil spillage that contaminated groundwater and soil near low-income communities and communities of color.
LSM and its affiliates are required to clean up the property under DEC supervision and pay a penalty of $210,000. If they fail to honor their commitment, additional penalties totaling $287,000 could be imposed by the Office of the Attorney General (OAG) and DEC.
"LSM made an environmental mess, and now they are responsible for cleaning it up," said Attorney General James. "For too long, LSM ignored basic laws and regulations about handling dangerous chemicals and exposed neighbors to toxic pollutants. Now, LSM will finally clean up their years of pollution and we’re going to make sure they do it right."
“LSM Auto Parts allowed harmful fluids from their scrap yard to contaminate groundwater and soil, impacting the environment and putting the health of Queens residents at risk,” said DEC Interim Commissioner Mahar. “DEC will oversee LSM Auto Parts’ cleanup of this facility, and this settlement sends a message to other companies — New York State aggressively prosecutes polluters who flout environmental laws.”
Attorney General James and DEC filed a lawsuit against LSM in August 2022 for repeatedly polluting the community with oil and other toxic fluids. Gasoline, oil, antifreeze spilled out of the scrap yard into streets, sidewalks, storm drains; various other toxic automobile fluids pooled throughout the salvage yard as employees drained vehicle fluids directly onto the ground.
The DEC observed these conditions alongside agencies such as the New York City Department of Environmental Protection (DEP), New York City Police Department (NYPD), New York City Fire Department (FDNY). Despite being alerted by DEC in 2019 about violations with proposed resolutions for hazards persisting since late 2021 when LSM covered much property with concrete delaying contamination investigation/remediation efforts.
As part of this agreement: court injunction requires comprehensive investigation/cleanup overseen by DEC; submission report on contamination extent approved work plan implemented within 270 days approval; payment $210k penalties non-compliance additional penalties up-to-$287k possible.
Attorney General James thanked DEC Region 2 including Regional Attorney Antonia Pereira/Ryan Piper P.G., Spill Response Prevention close collaboration matter handled OAG's Environmental Protection Bureau led Senior Enforcement Counsel Andrew J Gershon Assistant AG Max Shterngel supervised Bureau Chief Lemuel M Srolovic Deputy Bureau Chief Monica Wagner Division Social Justice led Chief Deputy AG Meghan Faux oversight First Deputy AG Jennifer Levy