Law Street Media

Long Island Asphalt Producer Sued Over Stormwater Discharge

Closeup of an oil slick in water with fall colors in the grass on the shore

In a lawsuit filed on Saturday, Save the Great South Bay, Inc. alleged that Scatt Materials Corp. and an officer violated the Clean Water Act (CWA) by discharging polluted stormwater into Sampawams Creek.

The plaintiff, per the complaint, “is a non-profit corporation whose mission is to protect, preserve, and restore the ecological integrity and productivity of the Great South Bay through enforcement, field work, and community action.” The Great South Bay and Sampawams Creek are both located on Long Island, New York.

The defendant, according to the complaint, operates an asphalt and mineral processing facility. The plaintiffs allege that the company “stores and handles materials in a manner that exposes them to precipitation and snowmelt.” When it rains, the plaintiffs claim, the resulting stormwater is polluted and drains into the storm drain system, which itself drains into the creek and Great South Bay. They say the defendant has not received a permit to discharge these pollutants.

The plaintiffs are seeking an injunction requiring the defendants to cease discharge in excess of a permit and compelling them to apply for a General Permit. They also seek an order requiring that the defendant “take appropriate actions to remediate the harm caused by” their Clean Water Act violations.

The plaintiff is represented by Super Law Group.

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