Attorney General James Holds Albany-Area Cement Plant Accountable for Years of Water Pollution

 

Holcim Agrees to Pay $850,000 Penalty, Including $212,000 to Reduce Hudson River Pollution

 New York Attorney General Letitia James today reached an agreement to resolve a joint state and federal action against Holcim Inc. a cement plant based in Ravena, New York that leaked toxic pollutants into tributaries of the Hudson River for years. The agreement, which was filed in the U.S. District Court for the Northern District of New York, requires Holcim to implement measures to prevent future violations and pay a $850,000 civil penalty, half of which will go to New York state. A portion of this payment will be used to fund a project designed to reduce the flow of pollution into the Hudson River. 

“For years, Holcim failed to live up to its legal responsibilities, repeatedly violating laws established to ensure the health of our waters,” said Attorney General James. “Today, we hold this company accountable for polluting our natural resources and we ensure that proper measures are taken to remediate the harm caused to our communities. My office will continue to aggressively enforce the laws that protect the health and safety of our environment and of all New Yorkers.” 

“New York state has a long history of holding polluters accountable for their impacts both on our communities and the environment, and I thank the U.S. Attorney and the New York Attorney General for their efforts to finalize this agreement that does just that,” said DEC Commissioner Basil Seggos. “The consent decree announced today will help to resolve years of violations and exceedances under federal and state rules and regulations and requires a significant penalty of $850,000. And, in addition to requiring actions to further clean up its operations, this agreement requires this facility to invest in an Environmental Benefit Project that will help improve the health of the Hudson River — a victory for the town of Coeymans.”

“We are all custodians of our community’s precious environmental resources. This settlement will benefit the Hudson River, and help preserve this treasured resource for future generations,” said Acting U.S Attorney for the Northern District of New York Antoinette T. Bacon. 

“This settlement helps protect clean water and ecosystems in the Hudson Valley for local communities and it has already improved Holcim’s compliance with critical federal and state environmental laws,” said EPA Acting Regional Administrator for Region 2 Walter Mugdan. “This case exemplifies EPA’s commitment to work with our federal and state partners to ensure entities like Holcim comply with regulations that protect public health and the environment.”

Holcim’s Ravena Cement Plant, which was owned and operated by Lafarge Building Materials, Inc. until July 2015, includes a cement kiln dust landfill used as part of the facility’s cement-making process. For years, this landfill operation has discharged significant amounts of untreated and partially-treated contaminated water and stormwater into Coeymans Creek, which connects to the Hudson River. The facility’s treatment system routinely discharged contaminated water exceeding various pollution control permit limits, including aluminum, toxicity, oil, and grease. 

Despite a series of administrative actions by both the New York State Department of Environmental Conservation (DEC) and the federal Environmental Protection Agency (EPA), the facility continued to report exceedances of its DEC water pollution control permit in violation of federal and state water pollution laws. Over 260 permit exceedances were reported between April 2015 and March 2019, although compliance improved later in 2019 and continued in 2020.

The agreement announced today addresses Holcim’s pollution discharges and places the company on a path to full environmental compliance, under strict oversight of regulatory agencies. Among other things, the agreement requires Holcim to:

• Fully comply with its water pollution control permit;
• Implement updated water pollution “Best Management Practices” and “Operation and Maintenance” plans;
• Conduct, through a qualified third-party auditor, a facility-wide water pollution and solid waste compliance audit, and implement all action items identified by the audit;
• Submit to DEC a revised solid waste management facility permit that addresses revised regulatory requirements; and
• Pay $850,000 in civil penalty, half to the state of New York and half to the federal government.

Of the penalty obtained by the state, $212,000 will be used as seed money for an innovative “green” stormwater infrastructure project at Coeymans Landing Park. This project, which uses natural structures and processes to remove pollution from stormwater, will be designed, engineered, and constructed to reduce harmful runoff into the Hudson River.  

Additionally, during the course of negotiations over this agreement, Holcim implemented significant upgrades to its wastewater management systems, including a multi-million dollar upgrade to the contaminated water collection system at the landfill that has dramatically reduced the frequency and severity of its water pollution control permit exceedances.

Attorney General James thanks DEC, the U.S. Attorney’s Office for the Northern District of New York, and EPA for their assistance in this matter.

Governor Cuomo Announces More than 15 Million COVID-19 Vaccine Doses Have Been Administered in New York State

 

1 in 3 New Yorkers Are Fully Vaccinated   

250,711 Doses Administered in the Last 24 Hours    

More than 1.2 Million Doses Administered Over Past Seven Days   

Previous Restrictions on Vaccinating Individuals Outside of Specific Prioritization Groups Are Repealed to Reflect Open Access for All New Yorkers Ages 16 and Older    

Vaccine Dashboard Updated Daily on the State's Vaccine Program; Go to ny.gov/vaccinetracker   

 Governor Andrew M. Cuomo today announced more than 15 million COVID-19 vaccine doses have been administered in New York State, and approximately one in three New Yorkers are now fully vaccinated. 250,711 doses have been administered across the state's vast distribution network in the last 24 hours, and more than 1.2 million doses have been administered over the past seven days. 

Beginning today, April 29, all New York State mass vaccination sites are open to eligible New Yorkers for walk-in vaccination on a first come first serve basis for all. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot.  

"Thanks to our dedicated health professionals, site operators and volunteers who work around the clock, we are continuing to reach major milestones in our vaccination efforts," Governor Cuomo said. "Despite our tremendous progress, there's still more work to be done. We are continuing to break down barriers to vaccine access and make it easier for every New Yorker to get vaccinated, while also prioritizing populations and communities with the lowest vaccination rates. We know the vaccine is safe and effective, but it only works if everyone gets it, so I urge every single New Yorker to go to their nearest vaccination site and get a shot."

Beginning April 29, all New York State mass vaccination sites will be open to eligible New Yorkers for walk-in vaccination on a first come first serve basis. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot. In addition, all vaccine providers are encouraged to allow walk-in appointments for eligible New Yorkers. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccinefinder.org to find information on vaccine appointments near them.     

Additionally, the provisions that restricted access to specific providers or created penalties for vaccinations given to individuals outside of the required prioritization groups earlier in the process are repealed, to reflect open access for New Yorkers age 16 and over at all sites.     

STATEWIDE BREAKDOWN

Total doses administered - 15,170,850

Total doses administered over past 24 hours - 250,711

Total doses administered over past 7 days - 1,240,880

Percent of New Yorkers with at least one vaccine dose - 45.6%

Percent of New Yorkers with completed vaccine series - 33.4% 

Leader Of Brooklyn Chapter Of The United Brotherhood Of Carpenters Convicted In Union Bribery Scheme

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that SALVATORE TAGLIAFERRO, the president of Local 926 chapter of the United Brotherhood of Carpenters and Joiners of America (the “Union”), was found guilty today in Manhattan federal court of honest services wire fraud, conversion of union assets, and conspiracy, in connection with his involvement in a scheme to solicit cash bribes from hundreds of prospective members in exchange for union membership.  The jury convicted TAGLIAFERRO today following a one-week trial before U.S. District Judge Paul A. Crotty.  TAGLIAFERRO is scheduled to appear for sentencing before Judge Crotty on July 27, 2021.

U.S. Attorney Audrey Strauss said: “As a unanimous jury has now found, Salvatore Tagliaferro is guilty of old-fashioned corruption – betraying his duty to the union and the trust of its hard-working members by taking cash bribes to line his own pockets.”

As reflected in the Indictment, public filings, and the evidence presented at trial:

From at least in or about 2017 up through and including in or about June 2019, TAGLIAFERRO, as the President of the Local 926 chapter of the Union in Brooklyn, abused his position as an officer and employee of the Union by soliciting and accepting cash bribes from prospective Union members in exchange for securing the bribe payors’ admission to the Local 926.  Working with other co-conspirators, including John DeFalco, the former Vice President of the Local 157 chapter of the Union in Manhattan, TAGLIAFERRO identified prospective members and solicited cash payments in amounts ranging from $600 to $2,000.  Once prospective members had paid bribes, TAGLIAFERRO then used his authority to ensure they were admitted into the Local 926 and received Union membership cards.  Over the course of the scheme, the Local 926 ballooned by over 800 new members, but for two years more than half of the new members never worked a single Union job.  TAGLIAFERRO and DeFalco split the cash bribes obtained from the bribe payors’ during clandestine early morning meetings outside a construction site in lower Manhattan, and each received at least $70,000 as a result of the scheme. 

TAGLIAFERRO was found guilty of one count of conspiracy, which carries a maximum sentence of five years in prison; one count of conversion of union assets, which carries a maximum sentence of five years in prison; and one count of honest services wire fraud, which carries a maximum sentence of 20 years in prison. 

Ms. Strauss praised the investigative work of the Department of Labor, Office of the Inspector General, the Department of Labor, Office of Labor-Management Standards, and the New York City Department of Investigation.

Attorney General James Probes Toxic Substances Found in Baby Food Sold in New York

 

AG James Requests Information from Baby Food Companies Gerber, Hain, Beech-Nut, and Nurture on the Presence of Inorganic Arsenic in Infant Rice Cereal Products

 New York Attorney General Letitia James launched a probe this week into several manufacturers of baby food regarding high levels of inorganic arsenic found in infant rice cereal products. In response to widespread concern regarding toxic metals found in baby food, Attorney General James requested information from the companies that make Gerber, Beech-Nut, Earth’s Best Organic (Hain), and HappyBABY (Nurture) brands, to examine whether the infant rice cereal products that are sold in New York contain arsenic at levels exceeding the legal maximum under the law. Attorney General James is also seeking information about the advertising and promotion of the products to assess their compliance with New York’s consumer protection laws.

“No child should be exposed to toxic substances in their food,” said Attorney General James. “Baby food manufacturers have a legal and moral obligation to ensure the safety of their products, and provide peace-of-mind to the parents who rely on their products every day. Through this probe, I am committed to protecting the health and wellness of the next generation.”

Arsenic and other toxic substances in baby food pose risks for the health and development of infants and young children. Continued exposure can affect a child’s brain development, behavior, and intelligence quotient (IQ) in the long-term.

The U.S. House of Representatives Oversight and Reform Committee’s Subcommittee on Economic and Consumer Policy recently published a report showing the presence of toxic metals — specifically inorganic arsenic, lead, cadmium, and mercury — in infant rice cereal products made by leading U.S. baby food companies. The U.S. Food and Drug Administration (FDA) now advises, through “action level guidance,” that inorganic arsenic in rice cereal for infants be limited to 100 parts per billion. This is currently the only action level FDA has in effect for toxic substances in baby food.

In her letters, the Attorney General asks the companies — which include some of the largest baby food manufacturers in the United States — to provide information on inorganic arsenic levels as well as their practices, policies, and standards regarding testing for inorganic arsenic in its infant rice cereal products and ingredients sold in the state of New York. The Attorney General has also asked the companies to provide all information related to any advertising materials pertaining to infant rice cereal products, and communications they have had with various parties concerning inorganic arsenic in infant rice cereal.

The inquiry announced today is a continuation of Attorney General James’ efforts to ensure the safety of baby foods and to protect the health and well-being of infants and young children in New York and across the country. In February, the Attorney General urged the FDA to follow recent congressional recommendations to adopt protective federal standards for all baby food, not just rice cereal, and to require all baby food manufacturers to test their finished products for toxic metals rather than testing just individual ingredients.

DiNapoli Issues Analysis of 2021-22 Enacted State Budget

 

 The Enacted State Budget for State Fiscal Year (SFY) 2021-22 is boosted by a substantial influx of new resources, totaling an estimated $26.7 billion in SFY 2021-22. These resources include federal support, better-than-expected tax collections, revenues from tax increases, and other new resources, resulting in the largest budget in state history at an estimated $212 billion, according to an analysis released today by New York State Comptroller Thomas P. DiNapoli.

“The American Rescue Plan provided fiscal relief to the state and local governments, school districts and transit systems at a critical time,” DiNapoli said. “While the Enacted Budget makes important investments in education, health care and other important areas, it’s critical to maintain a long-term view and ensure the state’s spending does not grow to unsustainable levels. Federal support is finite and there were missed opportunities in this budget to ensure the state is well-positioned to weather future emergencies and recessions.”

The American Rescue Plan will give $12.6 billion in fiscal relief to the state and additional funds for other programs to directly benefit New Yorkers. The budget will use $5.5 billion of federal aid in SFY 2021-22 and is required to use the rest by the end of 2024. Revenue actions including increases to top personal income tax rates and corporate franchise tax rates are expected to generate $3.7 billion in SFY 2021-22, growing to $4.8 billion by SFY 2024-25. Increases to the corporate franchise rates expire after 2023 while higher personal income tax rates will expire after 2027.

The new resources provide substantial funding for education and relief programs for struggling New Yorkers and industries. State funding for K-12 public school education is expected to grow by $1.4 billion annually, in addition to federal funding provided directly to districts. New programs, backed mostly by federal funds, include $2.4 billion for rent and homeowner relief, $2.4 billion for child care resources to aid providers and improve subsidies to low-income parents, and $1.6 billion in small business recovery grants and loans, including specific programs for restaurants, cultural establishments, and theater and musical productions.

DiNapoli noted there were also several chances to take steps to improve New York’s long-term fiscal position that were not acted upon. The state continued to defer up to a total of $3.5 billion in Medicaid payments and did not make any new deposits to statutory rainy day reserve funds, which remain at $2.5 billion. Despite a strong cash position, short-term borrowing was also reauthorized. And, for the second year, state leaders circumvented the state’s debt cap for debt to be issued in the coming year—with new state issuance likely to exceed the limits, rendering the cap meaningless.

In the coming weeks, the state Division of Budget will release an updated financial plan for SFY 2021-22 through SFY 2024-25 which will clarify the use and timing of federal aid, spending planned for future years, and the impact of revenue and expense actions on recurring budget gaps. DiNapoli said the financial plan should also provide detail on several risks, including the volatility and temporary nature of new tax revenues and the sustainability of spending on key programs.

Full Report

Review of the Enacted Budget State Fiscal Year 2021-22

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic Aoril 29 2021

 

Hospitalizations Drop to 2,934—First Day Under 3,000 Since November 24 and Lowest Since November 23

ICU Patients Drop to 691—Lowest Since November 29

Intubations Drop to 425—Lowest Since December 3

Statewide Positivity Rate is 1.80%

Statewide 7-Day Average Positivity Rate Drops to 1.98%—First Day Under 2% Since November 7

38 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"The COVID virus changes almost every day, and as the enemy changes we have to adjust our tactics to defeat it," Governor Cuomo said. "The numbers are all headed in the right direction, and as they go down we are continuing to relax restrictions more and more so we can begin to get back to normal. But we're not done with COVID yet - all the good numbers mean nothing if we don't keep up with the precautions we know work to stop the spread. I encourage all New Yorkers to wear a mask, remain socially distanced and most importantly, get vaccinated."

Today's data is summarized briefly below: 

• Test Results Reported - 226,068
• Total Positive - 4,073
• Percent Positive - 1.80%
• 7-Day Average Percent Positive - 1.98%
• Patient Hospitalization - 2,934 (-183)
• Net Change Patient Hospitalization Past Week - -633
• Patients Newly Admitted - 319
• Hospital Counties - 53
• Number ICU - 691 (-21)
• Number ICU with Intubation - 425 (-19)
• Total Discharges - 175,127 (+400)
• Deaths - 38
• Total Deaths - 41,948

Assemblymember Nathalia Fernandez - May COVID-19 Rapid Testing

 

 

Greetings,

Our office is happy to announce that we will begin providing Free Rapid COVID-19 Testing in partnership with Essen Healthcare, to our community at our office, 2018 Williamsbridge Road, Bronx, New York, 10461

The testing is Free For The Uninsured and Zero Copay For The Insured.

Walk-ins are available, but we do encourage scheduling an appointment in advance for quicker services.

For the month of March, our testing dates are May 4th and March 18th between 11:00am to 3:00pm.

We encourage you to invite your families, friends, and neighbors as we continue to practice COVID-19 Safety Guidelines and do our parts to keep the community safe through this pandemic. 

Best Regards,

New York State Assemblywoman Nathalia Fernandez

PUBLIC ADVOCATE'S STATEMENT ON MAYOR DE BLASIO'S JULY 1 REOPENING GOAL

 

New York City Public Advocate Jumaane D. Williams released the following statement after Mayor Bill de Blasio announced his plans to fully reopen New York City on July 1st.

"Throughout this pandemic I've been repeatedly concerned about closing too slowly and reopening too quickly. It's critical that we follow the science and put public health above politics - a standard we've frequently failed to meet. But I've also been clear that it's critical to feel - and to fuel - hope.

"Goal-setting is good - as long as we're willing to adjust that goal as circumstances shift. The July 1st designation is an ambitious but reasonable target to put forth, an aspiration that will need evaluation as we move forward with a concerted effort to increase injections and slow infection. I believe New Yorkers can meet this goal and this moment - if we continue to follow public health guidelines and get vaccinated. At the same time, we will also have to be honest, in the coming weeks, about whether we have succeeded in time for this deadline."