Lawsuit accuses Oceanside terminal of illegal stormwater discharges


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

The Sierra Club has filed a lawsuit against Oceanside Marine Terminals LLC, Oceanside Material Terminals Corp., and Victor Liotta Jr., alleging violations of the Federal Water Pollution Control Act, commonly known as the Clean Water Act (CWA), by discharging polluted stormwater runoff from their facility into U.S. waters without proper authorization.

According to the complaint, the defendants’ facility at 3624 Hampton Road in Oceanside, New York, has been discharging pollutants into Hog Island Channel in violation of CWA Sections 301(a) and 402(p). The Sierra Club alleges that the facility lacks adequate pollution control measures and does not comply with stormwater pollution prevention plans required by the New York State Department of Environmental Conservation. The complaint also states that the defendants have failed to meet inspection, monitoring, recordkeeping, and reporting obligations under the Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity.

The complaint states that the discharges contribute to water pollution in nearby waterways, including New York Harbor and Long Island Sound. The Sierra Club seeks declaratory and injunctive relief to compel compliance with applicable legal standards and civil penalties for each day of non-compliance.

The complaint further alleges that the defendants did not implement sufficient Best Management Practices to reduce pollutant discharge, submitted inaccurate Notices of Intent concerning stormwater outfalls, and failed to monitor discharge points effectively. It also alleges unpermitted direct discharges during barge loading operations.

The Sierra Club seeks a court order requiring the defendants to stop the discharges and take corrective actions to meet environmental requirements. The complaint also requests civil penalties for alleged violations occurring over a period of years.

The case was filed in the District of New York under Case ID 2:25-cv-2595.

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