TOWN OF TONAWANDA, N.Y. — "Chimney's emit smoke and that's part of the business. It's not a violation to emit smoke," Tony Farina is the new spokesperson for Tonawanda Coke.
Farina tells 2 On Your Side he was hired this week, to give the company's side of the story, "We want the public to be reassured that they don't have anything to be alarmed about here...despite the alarmists that are out there in some cases. Who knows what drives their agenda."
He added, "We're not here to damage the environment, or to create a hazard for the community. We're here to do a job. And that's what we're trying to do. We're not the evil monster that they're trying to make us out to be, at all."
Farina says the DEC and TCC's monitoring shows that, for the last two months, there has been no apparent violations of air pollution. 2 On Your Side brought this assertion to the New York State Department of Environmental Conservation, which tells us this is far from the truth.
DEC spokesperson, Erica Ringewald tells 2 On Your Side that TCC had 142 documented air pollution violations since mid-May, "Maybe the spokesperson should get out from behind their desk and look at their stacks because they would see the ongoing numerous violations of air opacity requirements, which are air pollution violations, that resulted in DEC issuing several notices of violation to the company...We stand by our demands of the company and will not rest until all their issues are resolved."
According to the Cease and Desist letter mailed to TCC by the DEC there were multiple inspections of the facility over the past few months which resulted in numerous violations. Farina says those violations will be looked into, "We're not certainly conceding that everything they said in that report is accurate and we're going to be addressing each and every allegation in that report in the coming days. This isn't to say that the DEC isn't trying to do it's job, but we can't just accept everything they said given we've been in close cooperation with them all along. They've known everything we've done. Their notice of a Cease and Desist Order came as somewhat of a surprise to us given the close working together that's been going on here."
Although we were not allowed inside the facility to see this for ourselves, Farina tells 2 On Your Side there are engineering consultants working at the plant right now addressing some of the issues the DEC pointed out, namely the waste heat tunnel that partially collapsed this spring, "We've got everything under control, right now"
TCC's air permits will automatically be revoked on August 4, 2018 unless TCC requests a hearing. Air permits are required for TCC to legally operate the coke oven battery and all regulated emission sources at the facility.
The DEC tells 2 On Your Side they haven't heard from TCC yet.
Farina says the company may decide to appeal next week, "if no resolution can be reached before that, we will file by next Thursday a request for a hearing."
We're told TCC plans to hold a press conference once they decide what to do.
If TCC appeals, the DEC says it could take up to 2 months to schedule a hearing. Farina says TCC plans to remain operational during that time.
U.S. Representative Brian Higgins tells 2 On Your Side that his office has been in contact with the EPA and the Department of Justice about TCC. He says decisive action is required to bring the plant into compliance and that the DEC needs to act now and not wait for a hearing, "They have proven over the last several years that they are not a good corporate citizen by the fact that they have been fined tens of millions of dollars and remain today not in compliance with the consent order that requires that they do certain things to protect the environment and the well-being of the people that live around and work in the plant."
He adds, "They are not in compliance and are overtly defiant in stating that they are not in violation of any laws, so the DEC should come down on TCC hard."