Yonkers Contractor Settles Clean Water Act Lawsuit, Commits to Environmental Reforms

A Yonkers-based demolition contractor, Capital Industries Corp., and its CEO, George McGuire, have agreed to pay $60,000 in a settlement with environmental advocacy group Riverkeeper Inc. The resolution, endorsed by U.S. District Judge Cathy Seibel, stems from allegations that Capital Industries violated federal and state environmental regulations, allowing polluted stormwater to drain into the Saw Mill River.

While McGuire and Capital did not admit wrongdoing, they consented to the $60,000 settlement with Riverkeeper to avoid protracted legal battles. As part of the agreement, Capital will implement measures to discharge cleaner stormwater into the Saw Mill River. This includes connecting a trench drain to two dry wells and two bioswales designed to filter debris and pollution.

Additionally, Capital will conduct regular monitoring, photography, and sampling of stormwater discharges four times a year for three years, with the results reported to Riverkeeper. The company will also permit annual property inspections by Riverkeeper and provide environmental training to its employees.

The $60,000 settlement includes $50,000 for Riverkeeper’s attorneys’ fees, investigation costs, and monitoring expenses. Furthermore, Capital will contribute $10,000 to the Center for the Urban River at Beczak, an environmental education and research program affiliated with Sarah Lawrence College, located near the Saw Mill River outfall on the Hudson.

This settlement mirrors a similar agreement reached in August in U.S. District Court, White Plains, with three businesses adjacent to the Capital site. Gentile Construction and All About Recycling Inc., as well as All County Mobile Concrete, agreed to pay Riverkeeper sums of $31,000 and $12,500, respectively, in connection to the pollution claims.

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