Suffolk Co. Printer Cited In Hazardous Waste Case

Attorney General Spitzer and Department of Environmental Conservation Commissioner John P. Cahill today announced a lawsuit against a Long Island printing company for improper handling of hazardous waste and other violations of state environmental laws.

The suit was filed against Arkay Packaging Corporation of Hauppauge in the Supreme Court of the State of New York in Suffolk County. The State is seeking a halt to the alleged violations and stiff civil penalties against the company.

"Manufacturing processes often involve the use of chemicals that may be an environmental hazard and a threat to health and safety," Spitzer said. "The state has a responsibility to ensure that proper procedures are being followed at all times."

Arkay produces printed packaging materials, generating more than 1,000 kilograms of hazardous waste per month. Some of the hazardous wastes are generated by the washing of printing presses, including spent methylene chloride, a suspected carcinogen.

The complaint alleges that Arkay:

• illegally operated a hazardous waste management facility without obtaining a permit from the DEC;
• stored hazardous wastes without identifying the hazardous nature of these wastes on storage containers;
• failed to contain leaks and spills of hazardous wastes at the facility;
• failed to determine whether certain wastes generated by Arkay are hazardous;
• improperly arranged for the transport and disposal off-site of hazardous wastes as if they were non-hazardous;
• failed to provide training to employees in proper hazardous waste management practices; and
• failed to comply with mandated record-keeping and planning requirements necessary for ensuring the proper treatment, storage, and disposal of hazardous wastes.

In July 1998, the Attorney General filed a separate lawsuit against the company for state air pollution law violations related to the emission of volatile organic compounds, a precursor to smog. That suit is pending.

Both suits allege the Arkay facility is operating illegally without a required permit from DEC. In the air pollution case, the State alleges that Arkay emitted air pollutants when it installed and operated a printing press without obtaining a permit from DEC. This occurred only months after entering into an administrative consent order with DEC for having operated its facility without a permit since 1984.

This case is being handled by Assistant Attorneys General Philip Bein, and John Gibson, of Spitzer's Environmental Protection Bureau, under the supervision of Section Chief of Affirmative Litigation, Assistant Attorney General Christopher Amato. Environmental scientist Jodi Feld is also providing assistance.