Solid Waste Enforcement/Construction/Demolition Waste: New York Attorney General Files Judicial Complaint Against 29 Waste Haulers/Brokers Regarding a Ulster County Site

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The New York Attorney General (“AG”) filed a March 30th Complaint in the State of New York Supreme Court, County of Ulster, against 29 waste haulers and brokers. See Seggos, as Commissioner of the New York State Department of Environmental Conservation, et al. v. AGP Industries, LLC, et al., Related Case Index No. EF2020-1432.

The Complaint alleges that the 29 waste haulers and brokers illegally dumped waste at a site in Ulster County, New York.

The activity is alleged to involve violation of New York law through the transportation of more than 3,000 truckloads of construction and demolition (“C&D”) Waste from the New York City metropolitan area to a site in Ulster County.

The C&D waste is alleged to have been transported during early 2017 through December 2019 from multiple construction sites in New York City and Long Island to J. Karolys & Son which is a facility located in Ulster County.

The C&D waste is alleged to have not been authorized for disposal at the Ulster County facility. As a result, the Complaint alleges that the 29 companies violated provisions of Environmental Conservation Law Article 27 and accompanying solid waste management regulations at Title 6, Parts 360 and 364 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

The AG’s Complaint seeks statutory penalties and disgorgement of all gain allegedly wrongfully derived by the 29 companies on account of the referenced solid waste management activities.

A copy of the Complaint, which lists the 29 defendant waste haulers/brokers can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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