The Record (Troy, NY)

Momentive to pay $1.25M civil penalty

Company admits exceeding state, federal limits on burning hazard waste

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ALBANY, N.Y. >> Momentive Performanc­e Plastics has agreed to pay a $1.25 million civil penalty to resolve a complaint alleging violations of federal and state environmen­tal laws in ITs use of an incinerato­r at its manu- facturing facility in Waterford.

The U. S. Attorney’s Office, the federal Justice Department and Environmen­tal Protection Agency and the state Attorney General’s Office and Department of Environmen­tal Conservati­on jointly announced the settlement Thursday afternoon after the settlement was final- ized earlier in the day in U. S. District Court.

“Our laws provide essential protection­s to New Yorkers’ health, safety and environmen­t,” said state Attorney General Eric Schneiderm­an in a news release. “[ Momentive] f louted clean air and hazard-

ous waste laws at its Waterford facility and, as a result, released harmful, toxic chemicals into the surroundin­g community t housands of times.”

Company spokesman John Kompa said the company has cooperated with authoritie­s throughout the investigat­ion and discontinu­ed the practice in 2009.

“This represents the final resolution to an issue that Momentive corrected more than eight years ago after identifyin­g the issue that began under GE’s ownership, and for which there is no indication of any significan­t impact on the environmen­t,” Kompa said in an emailed statement.

“We remain committed to the safe and lawful operations of all our facilities, including Waterford, and the protection of our employees, communitie­s, and the environmen­t.”

The complaint alleged the company manually

overrode an automatic cutoff system on an incinerato­r used to burn hazardous waste generated from the manufactur­e of silicone- based sealants at the Waterford plant.

The system was specifical­ly designed to ensure compliance with state and federal environmen­tal standards, but unbeknowns­t to federal and state authoritie­s, the company manually overrode it several times in December 2008 to burn excessive amounts of hazardous waste, in violation of state and federal permits.

As a result, the company released many harmful, hazardous air pollutants into the community.

“Violations of New York state’s environmen­tal

laws and regulation­s are serious offenses with serious consequenc­es,” said DEC Commission­er Basil Seggos.

“This fine is the result of the collaborat­ive efforts of state and federal partners working together to protect our communitie­s.

New York state has zero tolerance for anyone who rigs the system to break environmen­tal laws that protect public health and the environmen­t.”

The state and federal government­s entered into a similar settlement in 2015 with General Electric — which owned the plant until selling it to Momentive in December 006 — for similar violations during that company’s ownership.

 ?? FILE PHOTO ?? Momentive Performanc­e Plastics agreed Thursday to pay a $1.25million civil penalty to resolve a complaint that it overrode an automated system designed to restrict the amount of hazardous materials burned in an incinerato­r at its plant in Waterford.
FILE PHOTO Momentive Performanc­e Plastics agreed Thursday to pay a $1.25million civil penalty to resolve a complaint that it overrode an automated system designed to restrict the amount of hazardous materials burned in an incinerato­r at its plant in Waterford.

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