After years of mounting scrutiny, the New York State Department of Environmental Conservation and state Attorney General Tish James have sued a Cohoes plant over air pollution.The lawsuit against Norlite was filed in Albany County State Supreme Court.
State Department of Environmental Conservation Commissioner Basil Seggos spoke to reporters Wednesday.
“It's our intent to use every tool at our disposal to bring this company into compliance with the state's laws and regulations," he said.
It alleges Norlite “has emitted fugitive dust containing air contaminants at concentrations significantly increasing the risk of adverse health effects in the surrounding communities,” adding the pollution is “injurious to human life.”
The suit says the manufacturing of aggregate shale and its transport to a kiln area is a “major source of fugitive dust emissions.” Seggos says Norlite’s measures to control the dust are lacking and the company has not complied with oversight.
“Norlite hasn't done anything to control dust to this point. And that's the primary reason we are going to court against this company,” he said.
Democratic New York State Assemblyman John McDonald of the 108th district is a former Cohoes mayor.
“I'm disappointed in Norlite. I know that in conversations with Norlite, but also with the AG’s office and DEC, they're working towards remedies for the dust control issues which have been critical. And I've been very critical with them about this. I know that recently, only recently, they started to take measures and put in efforts to control the dust. But as I'm reviewing the lawsuit now, you know, these are serious allegations. And Norlite needs to be held accountable for them and needs to respond to this,” McDonald said.
In a statement, Norlite parent company Tradebe says its roots in Cohoes go back 65 years and it has spent hundreds of thousands of dollars to mitigate dust in the past 18 months. It contends it has worked closely with regulators and adds “some of the health-based standards mentioned in the complaint are not in our permits, but we look forward to continue working with state regulators on further action items.” Norlite holds there are no studies linking ill health effects to its operations.
McDonald says Norlite has not met its community obligations.
“Their existence, the number of people that work there, which are good jobs, and the impact on the community are all true. However, at the same token, the biggest issue I've had with them for the last couple of years is they have a fugitive dust control plan that they need to follow and need to improve upon. And that is where they are at right now. And that's going to be critical for them going forward,” McDonald added.
The suit says recent air quality monitoring indicates high levels of contaminants, demonstrating the company has shown “willful disregard” for state law and the health of the Cohoes community. Activists say respiratory cancers have been linked to dust emanating from the plant.
The aggregate manufacturing and hazardous waste incineration facility is about 100 feet from the Saratoga Sites public housing complex, with 150 residents. About 660 people, a third of whom are of color, live within half a mile.
The city of Cohoes has been moving to purchase the housing complex. In February, Mayor Bill Keeler sent the local housing authority a letter offering to purchase the site for $35,000 and spend about $600,000 to demolish it. Norlite offered to buy the property for $45,000 and bear the cost of demolition, which was rejected.
Earlier this year, the U.S. Department of Housing and Urban Development approved a plan to relocate residents as the site faces demolition.
The DEC says enforcement actions against Norlite date back to 1990. Seggos adds an ongoing review of the plant’s air permits will be suspended as the lawsuit proceeds.
“The outcome of this enforcement action will very much dictate what steps we take next in terms of their Title V permit,” he said.
In March 2021, DEC said its study of soil and water samples for PFAS and metals around the facility found no clear link to Norlite’s operations and no indication of human health risk. Seggos says while the lawsuit is “specific to dust,” the DEC reserves the right to expand its actions to other potential violations.
