Russell Gerow Allegedly Created An Illegal Discharge System On His Property, Contaminating Purdy Creek
Schneiderman: Acts Which Endanger Our Environment Will Not Be Tolerated
HARTSVILLE –Attorney General Eric T. Schneiderman today announced the arraignment of Russell Gerow, the owner and operator of Skyline Farms, LLC, who is charged with illegally discharging waste into state waters without a permit. Gerow, 65 of Hartsville, is charged with creating a discharge system on his property, including a 500-gallon tank and drainage pipe, which caused the contamination of Purdy Creek with acid whey, a byproduct of cheese production.
“New York’s waters are an invaluable resource and must be protected,” said Attorney General Schneiderman. “Today’s charges demonstrate that illegal acts which endanger our environment will not be tolerated.”
According to the Attorney General’s felony complaint and statements made by the prosecutor at arraignment, between May 2013 and September 2013 Gerow was hired by an Arkport cottage cheese manufacturer to haul away and lawfully dispose of waste whey. However, instead of lawfully disposing of the waste, Gerow allegedly illegally dumped it into his property. Testing by chemists from the New York State Department of Environmental Conservation (DEC) revealed high levels of ammonia and phosphorus downstream from Gerow’s property but not upstream, demonstrating that the illegal discharge contaminated the waters of Purdy Creek.
The complaint further alleges that in order to conceal his crime, on five occasions, Gerow submitted false documents to the cottage cheese manufacturer, in which he falsely claimed that he properly disposed of the whey with a local farmer.
“Rather than repurposing this waste to benefit farm fields, the waste was illegal dumped in Purdy Creek and devastated the creek’s eco-system for a mile downstream,” DEC Acting Commissioner Marc Gerstman said. “DEC will bring to justice those who pollute and damage New York’s environment so they can profit. I would like to thank our DEC Environmental Conservation Police officers and Investigators and the Attorney General for vigorously pursuing this environmental polluter.”
Gerow was arraigned before the Honorable Mary E. Smith-Gerbes in the Town of Hartsville Court on five counts of Falsifying Business Records in the First Degree, class E felonies, and two class E felonies under the Environmental Conservation Law. If convicted, Gerow could face up to 4 years in prison.
The charges are accusations and the defendant is presumed innocent until proven guilty in a court of law.
The Attorney General thanked the DEC for their assistance in this investigation.
The investigation was conducted by Investigator Jeffrey Lamphier, Lieutenant Richard Thomas and Environmental Conservation Officer Steven Farrand of the DEC’s Division of Law Enforcement, with the assistance of Major Scott Florence. Also assisting in the investigation were Investigator Sandra Migaj of the New York State Office of the Attorney General, Supervising Investigator Richard Doyle and Deputy Chief Antoine Karam. The Attorney General’s Investigations Division is led by Chief Dominick Zarrella.
The criminal case is being prosecuted by Assistant Attorney General Cydney Kelly of the Criminal Enforcement and Financial Crimes Bureau. The Bureau is led by Bureau Chief Gary Fishman and Deputy Chiefs Stephanie Swenton and Meryl Lutsky. The Division of Justice is led by Executive Deputy Attorney General Kelly Donovan.
If you witness an environmental crime, contact the NYSDEC 24-hour Poacher and Polluter hotline at 1-844-DEC-ECOS (1-844-332-3267).