N.Y. DEC Reaches Settlement with Lead Smelter

The New York State Department of Environmental Conservation (DEC) has entered into a Consent Order settlement with Revere Smelting and Refining Corp. and Eco-Bat New York LLC., which own and operate a lead smelting and battery recycling facility in Middletown, N.Y. Revere’s battery recycling operation has been in existence since 1972.

In a release, the DEC notes that the facility is one of the largest auto battery recycling facilities in the Northeast.

"Ensuring the proper treatment, management and storage of hazardous materials and the appropriate cleanup of any releases is a cornerstone of DEC's hazardous waste programs," says Willie Janeway, DEC’s regional director. "This settlement will protect public health and the environment, while ensuring that the operation of a battery recycling facility continues to support the local economy."

The Order resolves an enforcement proceeding initiated by DEC after several investigations of the facility in 2009 and 2010 revealed violations of spills reporting and response requirements. The enforcement proceeding also involved continuing treatment and containment of hazardous waste at the facility and an ongoing remedial program to address contamination.

The settlement specifically requires Revere and Eco-Bat to perform the following actions:

• Construct a new liner floor system for the containment building where battery recycling occurs, which will prevent future releases of hazardous waste to the environment.

• Undertake a study of the contamination in the areas where battery recycling is conducted, to identify the steps which will need to be taken to ensure that the contamination from operations will be properly addressed when the facility is closed.

• Post a financial guarantee once DEC approves a closure plan for the facility.

• Remediate the remainder of the inactive hazardous waste disposal site in accordance with a remedy which DEC issues for this property. An aspect of the remedy will involve the excavation and proper disposal of contaminated soil and sediments.

• Construct a parking area for the storage of trailers containing lead acid batteries prior to processing, which will contain any spills from these trailers.

• Pay a $150,000 penalty; and complete a Department-approved project to benefit the environment with a value of $300,000.