Photos Courtesy of Attorney General James
According to the attorney general, for years, LSM acted without regard for its surrounding Jamaica neighborhood, resulting in hazardous and toxic conditions that repeatedly spilled out into the community.
By Forum Staff
State Attorney General Letitia James and Department of Environmental Conservation (DEC) Commissioner Basil Seggos on Tuesday announced a lawsuit against the owners and operators of LSM Auto Parts & Recycling (LSM), an automobile salvage yard in Jamaica, for releasing dangerous automobile chemicals and oil into the environment. LSM ignored critical regulations surrounding the cleanup of toxic automobile waste and was responsible for significant amounts of oil spillage in the community, contaminating the groundwater and soil in the area.
According to the attorney general, for years, LSM acted without regard for the surrounding neighborhood, resulting in hazardous and toxic conditions that repeatedly spilled out into the community. In addition to multiple unremedied gas and oil spills, petroleum and other toxic fluids pooled in several areas throughout the salvage yard. Employees often drained vehicle fluids directly onto the ground instead of into a waste container, thus allowing the chemicals to directly permeate the soil and groundwater. LSM stored gas and other hazardous fluid waste in large plastic tanks, which were neither properly sealed nor capable of withstanding the heat or necessary containment of potential combustion. Gas, oil, and antifreeze regularly spilled out of the salvage yard and into the street, running down sidewalks and into storm drains.
DEC, the New York City Department of Environmental Protection (DEP), the City Police Department (NYPD), and the City Fire Department (FDNY) have all repeatedly observed these conditions and violations of state laws and regulations that prevent the release of toxic and hazardous fluids from vehicle dismantling operations. DEC contacted LSM in 2019 to alert them of the violations and propose an administrative resolution to persisting hazards. LSM failed to respond, but their consultants suggested a plan for remediation was forthcoming. No such plan was ever presented to DEC. In late 2021, against the direction of DEC, LSM covered a significant portion of the yard with a layer of concrete, an action which obstructs both investigation and remediation.
The lawsuit filed today alleges LSM violated the following state laws and regulations:
- The “vehicle dismantling law,” which requires that vehicle dismantlers recover and reuse or properly dispose of oil, gasoline, coolant, and a host of other toxic automobile fluids to avoid their contamination of surface and ground water, soil, and the air.
- The “oil spill law,” which requires all spills of petroleum products to be immediately reported and contained in order to limit the spill’s pollution of surface and groundwaters and public exposure to fumes, fires, and other hazards.
- DEC “petroleum bulk storage” regulations, which require facilities that store significant volumes of petroleum to securely contain the petroleum and provide for the early detection of leaks or potential leaks.
“If you make a mess, you clean it up. Most learn this old adage before they speak their first words, but it’s clear LSM never did. Instead, LSM flouted our environmental protection laws and mismanaged toxic chemicals and pollutants which pose a serious, long-term threat,” James said. “LSM will not get away with knowingly jeopardizing the health and safety of our communities. It’s time they clean up the dangerous mess they have made.”
