Fighting NYSDEC - Help/Advice?

Here is the question/problem we are faced with:





A material recovery facility had a permit to operate. The facility was leased to another company to run and operate it. The leased company violated NYSDEC regulations thus received violations. NYSDEC states the owner of the facility at fault - not the tenant who caused the violations. (Am I the only one scratching my head?)





We are trying to find politicians who are willing to help - Environmental Groups who can advise - etc.


Fighting NYSDEC - Help/Advice?
Hate to break it to you but the owner of the property is liable for the actions of his tenants. You may have a lease agreement that mandates the lessee is liable for all damages. If not, you can be in for a world of hurt.





Try to get the NYSDEC project manager to explain the rule that has been violated. It was probably referenced in the violation letter you got.





Read the regulation, hire an attorney that specializes in environmental fines, and sue the lessee for civil damages.





Review your lease and get your money from them.





Edit: Thinking more about this, if they leased the facility from you, your name should have been on their RCRA application. Ask for a copy of their application and see if you are listed. If not, you can try to imply that they submitted a fraudulent application.





I do not know if this will get you anything or not.