Concrete Manufacturer Agrees to Fine

Empire Transit Mix, located in Brooklyn, NY, has admitted to illegally discharging concrete slurry into Newtown Creek.

Along with the plea, the company has agreed to pay a fine of $300,000. Half of the fine will be given to the Hudson Riverkeep to ehlp in its work to protect NYC’s river sna dharbors.

In May 2001, an EPA inspector was conducting a routine inspection of a nearby facility when he observed a significant discharge of gray-colored liquid from the Empire facility, into Newtown Creek. Following these observations, EPA and the FBI set up surveillance of the facility and subsequently observed numerous discharges. EPA sampled the discharge and found that it had a pH of 12, making it highly caustic and adding to the already serious pollution problems in Newtown Creek. The sampling allowed EPA to determine that the discharges were concrete slurry being discharged through a hole in the retaining wall of the Empire facility.

The Hudson Riverkeeper joined the investigation in 2003 by bringing what it believed to be an illegal discharge pipe to the attention of EPA's Criminal Investigation Division. Riverkeeper and EPA continued to separately compile evidence of the illegal discharges, and conducted a joint investigation in November 2003.

While the details have not yet been worked out, Riverkeeper will use the $150,000 to extend its commitment to revitalize Newtown Creek, one of the nation's dirtiest waterways. The group will focus on preventing pollution, conducting expanded public education and outreach, and helping to lead community visioning for creek restoration. Building on the public-private model developed during this case, the group will also increase its collaborative approach to pollution prevention with EPA, state and local regulators.