News
03/08/24 | Firm News
Newsday reports on DEC probe showing Covanta violated state environmental law in practices brought to light by KM whistleblower case
Published in: NEWSDAY
Newsday has published an article covering the results of a New York Department of Environmental Conservation (DEC) probe, initiated in 2021, concerning the conduct of Covanta, a waste incineration company, at its Brookhaven landfill in Westbury, Long Island between 2007 and 2013. The probe, which was initiated further to a case brought by KM whistleblower client Patrick Fahey and, later, a Newsday investigation of the alleged conduct, found that the company had indeed repeatedly violated environmental law.
Mr. Fahey filed a whistleblower suit in 2013, represented by KM Co-Managing Partner David Kovel. Mr. Fahey’s complaint pertains to the company’s allegedly substandard conditions at their ash loading facility, specifically regarding the mixing and loading of ash, and misrepresentations the company allegedly made to the DEC regarding its practices.
Dry “fly” ash, when not properly mixed with heavier, more-benign “bottom” ash, is more likely to become airborne, endangering residents and contaminating the local environment. During the time covered by the lawsuit, Covanta Hempstead allegedly told the DEC its ash mix met necessary environmental standards, when in fact the facility specially mixed the samples it submitted to a laboratory for required toxicity testing to obscure the fact that the ash it was dumping at Brookhaven was not properly mixed.
Using a highly conservative metric, the DEC probe found that 583 truckloads during the relevant period constituted violations, containing at least 5% more “fly” ash by weight than the state-approved ratio. Nearly 250 of the trucks contained in excess of 10% more. If each violation carries the maximum fine, Covanta will be required to pay more than $4 million.
“While we advance actions to hold Covanta accountable the DEC continues to aggressively monitor this facility’s operations and respond to community concerns,” said DEC Commissioner Basil Seggos.
Read the full article.
Mr. Fahey filed a whistleblower suit in 2013, represented by KM Co-Managing Partner David Kovel. Mr. Fahey’s complaint pertains to the company’s allegedly substandard conditions at their ash loading facility, specifically regarding the mixing and loading of ash, and misrepresentations the company allegedly made to the DEC regarding its practices.
Dry “fly” ash, when not properly mixed with heavier, more-benign “bottom” ash, is more likely to become airborne, endangering residents and contaminating the local environment. During the time covered by the lawsuit, Covanta Hempstead allegedly told the DEC its ash mix met necessary environmental standards, when in fact the facility specially mixed the samples it submitted to a laboratory for required toxicity testing to obscure the fact that the ash it was dumping at Brookhaven was not properly mixed.
Using a highly conservative metric, the DEC probe found that 583 truckloads during the relevant period constituted violations, containing at least 5% more “fly” ash by weight than the state-approved ratio. Nearly 250 of the trucks contained in excess of 10% more. If each violation carries the maximum fine, Covanta will be required to pay more than $4 million.
“While we advance actions to hold Covanta accountable the DEC continues to aggressively monitor this facility’s operations and respond to community concerns,” said DEC Commissioner Basil Seggos.
Read the full article.
Subscribe
Related Case
Related Team Members
