Suit: NY Waterway dumps sewage

Two whistleblowers claim that for years, NY Waterway dumped tons of raw sewage, oil, fuel and battery shavings from its ferries into the waters surrounding the city.

In a lawsuit filed in 2015 and unsealed Friday, former NY Waterway employees Rafi Khatchikian and Ivan Torres say that from 2009 to 2014, the company dumped hundreds of gallons of sewage into the Hudson River and other waterways through hoses thrown over the sides of the boats.

Khatchikian and Torres claim managers ignored their concerns and complaints to cut costs and remain on schedule.

After management realized authorities were tipped off about the dumping, they removed bathrooms from the boats, says the suit filed in Newark Federal Court.

The suit describes in detail how the two men were forced to dispose of sewage, battery shavings, and other pollutants into the Hudson and East rivers, Upper New York Bay, Lower New York Bay, and Raritan Bay.

Khatchikian and Torres often emptied the holding tanks while passengers were on the ferry, the lawsuit says.

“These brave defenders of the public interest are admitting their own wrongdoing in order to stop NY Waterway from further polluting the harbor and other local commercial and recreational waters,” said Michael Fitzgerald, who represents the two men.

“They lost their jobs because of NY Waterway’s illegal practices then put the interests of 15 million residents over their own futures. They are true environmental heroes.”

NY Waterway says the case is without merit, and noted that the Justice Department decided Dec. 2 “after years of investigation” not to intervene in the suit.

“The government’s decision in that regard speaks volumes about the baseless nature of these claims,” said NY Waterway spokesman Pat Smith. He called the case “meritless” and said Khatchikian and Torres were “disgruntled ex-employees.”

Though the government will not intervene in the case, the lawsuit’s unsealing means Torres and Khatchikian can sue their former employer as individuals.