Criminal Probe Underway In Car Wash Spill Incident

By Andrew Gorosko

Police Chief Michael Kehoe said this week that police have provided details of their investigation into an April 2 spill of oil-laden wastewater at Newtown Car Wash on Simm Lane to the Chief State’s Attorney’s Office for an investigation into whether environmental crimes occurred.

Chief Kehoe said that the state agency is better equipped to pursue such investigations into possible environmental crimes than is the local police department.

Mark Dupuis, a spokesman for the chief state’s attorney, said, “We’ll review it and then take the appropriate action.”

Mr Dupuis said the state agency has a special unit that focuses on state environmental criminal law violations.

If no violation of state environmental criminal law is found, no action would be taken, he added.

The spokesman declined further comment on the case, saying that it is a “pending matter.”

According to a town police report on the incident filed by Officer John McCluskey, “There was a grassy area next to the car wash parking lot in which there were pools of an oily substance….I spoke with the manager of the car wash, Robert Boyhen, and obtained a written statement. Boyhen stated that he had been pumping out an underground recycled-water tank, in an effort to make repairs in the tank.”

Town and state environmental officials are continuing their investigations of what they characterize as an intentional spillage of oil-laden wastewater at the car wash, which resulted in contaminants polluting that property.

Cyndy Chanaca, a spokeswoman for the state Department of Environmental Protection (DEP) said this week, “We are trying to determine the extent and the amount of oil, grease, and detergents that were discharged into the water and the soil.”

Ms Chanaca said the DEP is awaiting the results of chemical testing on samples of the liquids that were spilled at the car wash.

The Inland Wetlands Commission (IWC) has scheduled a show-cause hearing for April 22, at which car wash owner George O. Visnyei would have an opportunity to explain the circumstances of the spillage at the car wash. The town has issued a cease-and-desist order for the pollution violation.

“The property owner is cooperating with all of the agencies” involved in investigating the problem, according to Rob Sibley, town deputy director of planning and land use.

Mr Sibley said April 16, “I’m looking forward to getting an explanation.”

The town is awaiting the test results from chemical samples which it took at the incident, he said.

Attempts to reach Mr Visnyei for comment were unsuccessful. Mr Boyhen declined comment this week on the April 2 incident. The car wash has resumed washing vehicles at the 1 Simm Lane site.

Apparently between 1,000 and 4,000 gallons of wastewater was intentionally discharged at the car wash, according to Mr Sibley. One of the discharges was oil-laden water and the other discharge was soapy in nature, he has said.

 Ken LeClerc, a DEP emergency response coordinator for spills, has said that the wastewater discharged at the site apparently holds oils, soaps, waxes, and dirt.

Following the spillage, environmental cleanup workers removed about 120 cubic yards of contaminated soil from a grassy area at the car wash, and also removed about 3,000 gallons of liquid, according to a statement from the DEP.

Sediment fencing, absorbent pads, and scattered hay has been spread on the site for environmental control reasons.

Also, absorbent booms were placed in a nearby unnamed stream to isolate any pollutants that drained away from the car wash site.