A federal judge has approved settlements between Riverkeeper Inc. and three Yonkers businesses that the environmental organization accused of discharging polluted stormwater into the Saw Mill River.
All About Recycling Inc., Gentile Construction Corp. and their chief executive Joseph Gentile Jr. agreed to implement measures to prevent pollution and pay Riverkeeper $31,000 in fees, according to a consent decree filed July 26 in U.S. District Court, White Plains.
All County Mobile Concrete and president John Bernal Jr. agreed to pay $12,500 in fees, in a consent decree filed Aug. 1 in federal court.
The businesses are at 451 – 455 Old Nepperhan Ave. in a heavily industrialized area of Yonkers where the Saw Mill River passes through culverts and tunnels on its path to the Hudson.
Riverkeeper, an Ossining nonprofit organization that is dedicated to protecting the Hudson River watershed, sued the businesses a year ago for allegedly violating the federal Clean Water Act.
Industries along the Saw Mill are required to get state pollution discharge permits and limit pollutants from contaminating stormwater runoff.
The three Yonkers businesses were not registered with the state Department of Environmental Conservation, operated without state pollution permits and had not taken steps to limit contaminants from getting into the Saw Mill, according to the Riverkeeper lawsuit.
The businesses did not admit to violating the Clean Water Act but agreed to clean up their facilities and resolve the matter, according to the consent decrees, “to avoid prolonged and costly litigation.”
The Gentile companies contended that stormwater on their property flows downstream from Capital Industries Corp.
Riverkeeper sued Capital Industries in a separate lawsuit a year ago. That case is pending.
Gentile allowed Riverkeeper to inspect his property, and he agreed to implement a stormwater pollution prevention plan. His companies will sample stormwater four times a year, conduct quarterly inspections, report its findings to Riverkeeper, allow Riverkeeper to inspect the site four times a year, and take steps to reduce pollution when significant levels are detected.
Riverkeeper agreed to release the Gentile companies from liabilities but reserved the right to bring future actions based on new pollution.
All County Mobile Concrete is a tenant at the Nepperhan Avenue site. It has notified Riverkeeper that it has ceased activities that violate the Clean Water Act and it is in the process of relocating to Mount Vernon.
Bernal agreed to have landlord All About Recycling, or a stormwater professional who has inspected the site, certify that significant materials have been removed when the business moves.
Riverkeeper agreed to dismiss its case.
U.S. District Judge Philip M. Halpern approved the consent decrees.
