New York Attorney General Letitia James is suing a former Rockland County chemical company to pay the costs of cleaning up hazardous materials spewed during an explosion three years ago.
James, acting on behalf of the Department of Environmental Conservation, is demanding nearly $60,000 from the defunct Eastern Sources Inc., chemist Ying Dong and landlord Joseph Fuchs, in a complaint filed on July 9 in U.S. District Court, White Plains.
The defendants are liable for all costs incurred by the state, the complaint states, “in responding to the release or threat of release of hazardous substances” at the Spring Valley site.
Dong dumped chemicals in a wooded area behind Eastern Source’s facility on Route 59 (East Central Avenue) on Aug. 1, 2022, according to the complaint, and they exploded and released toxic chemicals.
A neighboring business called the fire department. A bike shop was evacuated. Part of Route 59 was closed. And a firefighter, overcome by fumes, was hospitalized.
Eastern Services was a commercial laboratory that synthesized compounds for sale to larger chemical companies. It’s motto was, “We create worldwide chemicals and medical devices for healthcare world.”
It was founded in 2004 by David Mendenhall, a Harvard-trained chemist and a former professor of chemistry. It was based at an office building in Elmsford.
Mendenhall died in June 2022, at age 77.
Shortly after his death, the complaint states, Fuchs told Mendenhall’s widow, Ying Dong, that Eastern Sources was behind on its rent and had to vacate the Spring Valley premises within two weeks.
Dong allegedly placed chemicals in a dumpster and in garbage bags at the site and poured chemicals into the ground in a wooded area behind the property that is within 800 feet of homes.
One of the chemicals was sulfuryl chloride, a pungent colorless liquid that produces toxic gases when it reacts to moisture in the air or soil, according to the complaint. The sulfuric acid is corrosive to all body tissues and can cause serious lung damage.
Other chemicals dumped at the site included pyridine, a flammable liquid that can cause dizziness and vomiting when inhaled; brucine, a combustible solid that is toxic if inhaled, ingested or absorbed through the skin; and diethylamine, a flammable liquid that can cause severe skin irritation and burns.
The chemicals that were dumped in the woods set off a small explosion that released toxic gases and a foul odor, the complaint states. Dong did not alert anyone but nearby business tenants summoned the fire department.
A Department of Environmental Conservation staffer met Fuchs on the day of the explosion, according to the complaint, and said the state would clean up the site unless Fuchs did so. Fuchs allegedly said he would hire a contractor, but the next day he said he could not afford a complete cleanup.
Fuchs hired a contractor to remove hazardous chemicals inside the Eastern Sources facility.The state cleaned up outside.
The attorney general claims that anyone who owns a property or conducts operations at a site must pay for cleanup costs, under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Eastern Sources was dissolved in September 2024. Attempts to contact Dong and Fuchs for their sides of the story were unsuccessful.
