Riverkeeper Inc., an Ossining environmental organization dedicated to protecting the Hudson River watershed, has sued several Yonkers businesses for allegedly discharging contaminated stormwater into the polluted Saw Mill River.
Riverkeeper accused All About Recycling Inc., All County Mobile Concrete Inc., Gentile Construction Corp., John Bernal Jr. and Joseph Gentile Jr. of violating the federal Clean Water Act, in an Aug. 3 complaint filed in U.S. District Court in White Plains.
The nonprofit organization claims that stormwater runoff emanating from the businesses at 451 Old Nepperhan Ave. — a heavily industrialized area of Yonkers where the Saw Mill is often channeled through culverts and tunnels on its path to the Hudson — pollutes the rivers.
In turn, the dirty, smelly water allegedly harms some of Riverkeeper’s 3,800 members who use the tributary and surrounding shorelines for biking, birdwatching, boating, kayaking and nature and scientific studies.
Stormwater runoff, according to Riverkeeper, is one of the nation’s most significant sources of water pollution.
New York State has designated the Saw Mill as an impaired waterway that does not meet water quality standards, the complaint states, or support fish habitat or recreational uses.
Industries along the river are required to get state pollution discharge permits and to ensure that they use the best available technology to limit pollutants from contaminating stormwater runoff.
But the three businesses have not obtained permits or registered with the state Department of Environmental Conservation, according to the complaint, or taken steps to limit pollutants from entering the Saw Mill.
All About Recycling Inc. is owned by Gentile and manages the property, the complaint states. Gentile Construction Corp. stores and recycles construction and demolition waste materials. All County Mobile Concrete Inc. is run by Bernal and manufacturers concrete.
Sediment, heavy metals and ferrous metals, cement and cement additives, oil and grease, and paint and solvents, Riverkeeper claims, are inadequately sheltered and flow directly into the river or into storm drains when it rains or when snow melts.
Riverkeeper charges the companies with unlawful discharge of pollutants and for failures to apply for discharge permits, implement adequate controls, develop a stormwater pollution plan, and comply with monitoring and recordkeeping requirements.
The companies did not respond to emails asking for their side of the story.
Riverkeeper is asking the court to order the businesses to stop discharging pollutants unless authorized by a permit, immediately apply for and comply with permits, remediate the harm they have allegedly caused, and pay civil penalties.
The organization is represented by Manhattan attorney Julia Muench.
