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United States v. Michaelian

Citation: 2 ELR 20463
No. No. 72 Civ. 1964, (S.D.N.Y., 06/06/1972)

Pursuant to the Environmental Protection Agency Report of April 17, 1972, Westchester County, New York, is ordered to take affirmative steps to protect the Hudson River from pollution emanating from the County's garbage dump. The preliminary restraining order issued here requires the County to build a system of dikes to end leachate pollution, and to consult with experts on methods for reducing garbage pollution by considering alternate dumping sites and by examining methods for recycling. In addition, Westchester County is required to do the following to protect the Hudson River during the pendency of he ligitation: (i) Cover the garbage dump with a satisfactory cover; (ii) Spread and compact the garbage according to the modern techniques; (iii) Construct an all-weather access road to the dumping faces, and unload garbage in a restricted working area; (iv) By July 26, 1972, cease accepting industrial liquid wastes until the County has provided adequate facilities for liquid wastes, and implement procedures for identifying and evaluating all industrial wastes; (v) Clean out the garbage in the tidal marshes and stream adjacent to the dump, and retain qualified personnel to study the effects on the Hudson of the present dump and any extension into new areas; (vi) Regain a consultant to construct a dike to contain the leachate pollution; (vii) Install fencing and increase the quality of the garbage-handling equipment; and (viii) Retain consultants to study alternate sites and recycling possibilities.

Counsel for Plaintiff
David Riesel Ass't. U.S. Attorney
U.S. Courthouse
Foley Square
New York, N.Y. 10007

Counsel for Defendants
John J. S. Mead City Attorney
County Office Bldg.
White Plains, N.Y. 10601

Paul R. Coughlin Corporate Attorney
50 Woulf Road
Albany, N.Y. 12201