Tags Posts tagged with "Gerald Cohen"

Gerald Cohen

Conceptual plans for the 126-acre Lawrence Aviation Superfund site in Port Jefferson Station. Graphic from Suffolk County Landbank

Breon Peace, United States attorney for the Eastern District of New York, announced this week the federal government settled upon terms for the future of the Lawrence Aviation Industries Superfund site, ending years of litigation. This agreement will enable the sale of about two-thirds of the 126-acre Port Jefferson Station property by a subsidiary of Suffolk County Landbank.

A 2019 trial had found Lawrence Aviation, with its former CEO and owner Gerald Cohen, in violation of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and liable to the Environmental Protection Agency, among other claimants, for over $48 million.

‘This settlement will enable a previously contaminated property to be put to uses that will benefit Port Jefferson [Station] and the greater Suffolk County community.’

— Breon Peace

This week’s announcement resolved the last unsettled question on the priority of claims against the property by New York State, Suffolk County and other agencies.

In a statement, Peace said the U.S. District Court approved a consent decree that allows for the sale and redevelopment of the Superfund site.

“This settlement will enable a previously contaminated property to be put to uses that will benefit Port Jefferson [Station] and the greater Suffolk County community,” the U.S. attorney said. “In the process, the EPA will recover at least some of the enormous costs expended in remediating the LAI Superfund site and protecting our environment from hazardous substances.”

Suffolk County Legislator Kara Hahn (D-Setauket), whose 5th Legislative District includes Port Jefferson Station, has been involved in the deliberations over the site. Reached by phone, she confirmed plans are ahead for demolishing the remaining derelict buildings on the property, an initiative subsidized by the federal government. [See story, “Schumer announces $450K to help demolish buildings at Lawrence Aviation,” Jan. 9, TBR News Media.]

“The first real step we’re going to see is the demolition of the buildings,” she said. “That is long overdue.”

The county legislator regarded the recent developments as a victory for Suffolk County taxpayers who “have been shouldering the burden of the taxes for the property for decades,” she said.

Hahn indicated that, under the plans, the site would be partitioned into three sectors — a third designated for a railyard to facilitate operations for the Metropolitan Transportation Authority, another third for an industrial solar farm and the final third for open space. The county legislator added that cleanup efforts, which include two pumping and filtration systems, will likely linger on for decades.

She tied plans for the Lawrence Aviation property to the decades-long proposal to electrify the Port Jefferson Branch of the Long Island Rail Road, referring to the combined efforts for the two projects as “transformational for the region.”

“This is a very early step in the process for electrification,” Hahn said, adding, “The full-scale electrification of the branch is at least a decade away, but it would never happen if we weren’t able to rehabilitate this Superfund site.”

Gerald Cohen during a 2010 interview with TBR News Media. Image from video by TBR News Media

The former CEO of Lawrence Aviation in Port Jefferson, Gerald Cohen, has been ordered to pay $48 million in cleanup costs for the toxic underground plume caused by materials leached into the ground from the now-defunct airplane parts manufacturer.

The U.S. Attorney’s office announced the charges April 15 after a district court judge in Central Islip ruled Lawrence Aviation Industries, Inc, a former defense contractor that was based on Sheep Pasture Road, and its longtime owner and CEO, Gerald Cohen, were liable for environmental cleanup costs.

“This case and the significant monetary penalties imposed by the court should serve as a warning to would-be polluters, including individuals, that this office and the [U.S. Environmental Protection Agency] will use every tool at their disposal to protect Long Island’s groundwater and to ensure that those responsible for contamination will foot the bill for cleanup costs,” said Richard Donoghue, the U.S. Attorney for the Eastern District of New York.

The U.S. Attorney’s office detailed Cohen’s wrongdoing based on the court’s 37-page memorandum. In the early 1980s, after the Suffolk County Department of Health issued a series of recommendations for LAI to come into compliance with various pollution control laws, LAI used a front-end loader to crush 55-gallon drums containing hazardous substances, among more than 1,600 of such drums identified on the property, resulting in a massive discharge of waste directly onto the ground. Samples taken from those drums revealed impermissibly high levels of trichloroethylene, among other pollutants. Nearly two decades later, in 1999, testing performed by the New York State Department of Environmental Conservation revealed contamination of groundwater and surface water at the site.

“This judgment provides for the reimbursement of money spent on cleanup work and imposes penalties that act as a deterrent.”

— Pete Lopez

In a statement to the U.S. Attorney’s office, the regional EPA administrator said he was pleased with the court’s decision.

“This judgment provides for the reimbursement of money spent on cleanup work and imposes penalties that act as a deterrent,” said EPA regional administrator Pete Lopez. “Our active engagement and work at this site will continue over the long term.”

Various creditors have asserted claims against LAI and Cohen properties based on their respective liens. Those claims remain pending before the court. The 126-acre property was named a Superfund site in 2000 and was expected to take 20 years to complete the cleanup.

The EPA’s cleanup of the site, now into its 19th year, has included a remedial investigation into the nature and scope of the contamination, various hazardous waste removal and stabilization activities, and the implementation and maintenance of two groundwater treatment systems designed to capture and treat contaminated groundwater, according to the U.S. Attorney’s office. The EPA’s activities at the LAI site have resulted in a decrease in the size of the groundwater TCE plume and the removal of more than 18,000 tons of soil contaminated with polychlorinated biphenyls, among other hazardous substances, including asbestos-containing materials.

In 2008, Cohen and LAI pleaded guilty to violating the Resource Conservation and Recovery Act, for storing hazardous wastes at the LAI facility without a permit issued by the EPA or New York State. Cohen was sentenced to a term of imprisonment of one year and a day, and supervised release of 36 months. He and LAI were ordered to pay restitution to the EPA of $105,816.