By:Hector Flores
The spill happened on Sept. 4, when Wind River Environmental dumped more than 10,000 gallons of raw sewage into the canal, authorities said. Area residents living along Shore Road said the spill ruined the area's fall fishing season.
Bob Owen, assistant district attorney of the Criminal Fraud Unit and prosecutor of environmental crimes for Nassau County, said that although no official determination has been made yet, he did rule out criminal charges against the trucking company.
"It is unlikely that there will be any criminal action taken against the company, because there was insufficient evidence of criminal intent," he said. "The company will most likely face an administrative action or a fine from the state Department of Environmental Conservation."
Bill Fonda, a DEC spokesman, said that as of Dec. 21, the agency had issued Wind River Environmental three administrative law tickets: one for the disposal of about 2,000 gallons of raw sewage into the water; a second for the discharge of sewage into marine waters; and a third for unlawful disposal of a regulated waste.
"We have been in contact with the respondent to settle this case," Fonda said. "I can't talk about the settlement until a consent order is given, which involves a financial penalty."
Leonard Burger, president of the White City Community Council, who lives along Shore Road, was displeased with the outcome of the case. "No matter if there was no criminal intent, the spill was still done," he said. "I was told by people from the county sewer [department] that it is illegal to dump anything into the sewer. You just can't pick up a manhole cover and dump garbage, and that is what the company did."
The trucking company was originally contracted by the Town of Hempstead to pick up sewage from the Newbridge Park's septic tank and take it to the county's Cedar Creek Sewage Treatment Plant in Wantagh. When the trucking company dumped the sewage into a storm drain, it emptied into the canal.
The town terminated its contract with Wind River. Hempstead is currently waiting for all the law enforcement agencies to finalize their findings and fines before they take action against the trucking company.
