PITTSBURGH A Brooklyn, N.Y., scrap metal recycler is still facing a Clean Water Act lawsuit for allegedly discharging polluted stormwater runoff from its facility even after the state intervened.
Keyport, N.J.-based Raritan Baykeeper Inc. filed the lawsuit against Cropsey Scrap Iron & Metal Corp. alleging that the recycler failed to obtain a National Pollutant Discharge Elimination System (NPDES) permit or comply with its conditions.
Cropsey has scrap piles 15 feet high that contain contaminants that can work their way into the stormwater, according to the lawsuit filed in U.S. District Court in New York.
The environmental group indicated in the legal complaint that the New York State Department of Environmental Conservation visited the facility and initiated the permit process after it received a 60-day warning of intent to sue.
An attorney for Raritan Baykeeper said it was glad the state agency had become engaged but decided to pursue the case because it hadnt heard directly from the metal recycler.
Executives at the company said they believed they were in compliance as they had not been notified that they needed an NPDES permit, but they have now taken steps to secure one. The company added that its misunderstanding about the need for the permit was addressed immediately after the state agency visited the facility.