The Village of Lindenhurst has taken a recycling company to court in an effort to reduce the negative impact they say the company is having on nearby residents.
The village last week was granted a temporary restraining order against One World Recycling LLC. limiting the amount of material they process to no more than 500 tons per day. The village is further seeking a preliminary injunction against the North Queens Avenue company that would limit the tonnage to 370, the amount originally agreed to in a 2004 stipulation of settlement following a lawsuit filed by the village against the company, said village attorney Gerard Glass.
One World can be fined from $250 to $1,000 a day for being in violation of the order, which was signed by Suffolk County Supreme Court Judge David T. Reilly.
Operating in excess of 370 tons threatens the “general health, safety and welfare of the citizens” of the village, according to the village’s filing. Without an injunction, the filing states, One World “will continue to process an unsafe volume of waste that the facility was simply not designed to handle.”
One World could not be reached for comment.
The company, which abuts a residential neighborhood, processes commercial waste, construction and demolition debris. In 2009, One World began using a long-dormant rail spur for its operations.
While One World had a state Department of Environmental Conservation permit to process 370 tons per day, after superstorm Sandy in 2012 the agency granted the company an emergency permit to process 1,100 tons a day. It continues to operate under this permit, Glass said, with company records showing a range in 2015 of between 400 and 700 tons per day.
Neighbors have long complained that the company’s operations negatively impact their quality of life, from loud noise, foul odors, dust and vermin to backed-up lines of vehicles at a nearby railroad crossing.
Local fire chiefs have sent letters to officials stating that a nearby railroad crossing gate stays down for too long while rail cars maneuver in and out of the spur, creating a safety issue.
“They’re in business to make a profit and they make a profit by moving waste, so the more tonnage, the more money they can make,” Glass said. “But there’s that delicate balance that has to be met. It’s always an imperfect marriage when you have residential neighbors abutting a commercial use.”