Queens Building Owner Discharged Untreated Sewage Directly into Newtown Creek

Kings County District Attorney Charles J. Hynes, New York State Department of Environmental Conservation Commissioner Pete Grannis and New York City Department of Environmental Protection Commissioner Cas Holloway today announced the indictment of a Greenpoint commercial property owner charged with dumping into Newtown Creek.

Property owner Norman Holding, LLC, and its principle Jose Torres, 53 are charged in an 81-count indictment with dumping raw sewage directly into the creek, from three commercial buildings, 251, 257, and 259 North Henry St., which Torres rented out to eight businesses.

According to the indictment, all three buildings had toilets and sinks connected directly to the underground storm-water drainage system, instead of the municipal sewer system. Storm water, which collects in gutters, drains directly into the creek, but sewage must be treated and is never permitted to be dumped into waterways.

The investigation began after DEP inspectors, referred by DEC officers who noticed dry-weather discharge from the storm drains into the creek, inspected the buildings’ drainage systems and detected sewage in the storm drains. The inspectors then performed tests using dyes to confirm that the sewage had originated in the plumbing of Norman Holding’s buildings, according to the indictment.

Charges against Norman Holding and Torres relate to Oct. 1, through Oct. 9, 2009, prior to which DEC inspectors ordered the buildings’ plumbing systems repaired. The defendants are charged with 27 Counts of Discharging Sewage Without a State Pollution Discharge Elimination System (SPDES) Permit, a Class-E Felony; 27 Counts of Prohibited Discharges, also a Class-E Felony; and General Prohibition Against Pollution, a Misdemeanor. They face a fine of $75,000 per property, per day in violation, more than $2 million.

An indictment is an accusatory instrument and not proof of a defendant’s guilt.

The case was investigated by DEC Lieutenant John Fitzpatrick and Officer Matthew Nichols.

The case is being prosecuted by Assistant District Attorney John Rudikoff Rackets Division Bureau Chief John Holmes. Michael Vecchione is Chief of the Rackets Division.