Ex-Ferry Staffers Say They Were Forced To Dump Sewage Into Hudson

HUDSON COUNTY, NJ — Two former employees of NY Waterway, the ferry company that has shuttled millions of people across the Hudson River between New York and New Jersey, have charged in a lawsuit that the company forced them to dump sewage into the Hudson River and other waterways.

But the company responded by saying the suit was "meritless" and "baseless," noting that the federal government investigated and declined to join the complaint.

Former NY Waterway fuelers and overnight mechanics Rafi Khatchikian and Ivan Torres alleged in the suit that the company, according to a press release from their attorneys, "knowingly and intentionally forced them to discharge hundreds of gallons of liquid pollutants as well as batteries and aluminum shavings into the Hudson River, East River, Upper New York Bay, Lower New York Bay, and Raritan Bay."

While the New Jersey-based ferry company was under contract to the city of New York and Goldman Sachs, they took the actions, according to the plaintiffs, "to cut costs, boost profits, and remain on schedule. The company allegedly failed to maintain equipment designed to safely dispose of the pollutants and regularly told the plaintiffs to 'get the job done' and lie about the illegal practices if asked."

The lawyers say that Khatchikian was fired after he took his concerns to the management.

The lawyers claim that when the company was questioned by the EPA, the bathrooms on ferries under investigation were either locked or removed.

Related documents and videos can be found here.

Waterway responds

NY Waterway spokesman Pat Smith said in response, "After years of investigation, the U.S. Attorney’s Office has declined to participate in this meritless lawsuit, which was filed by two disgruntled ex-employees of NY Waterway. The government’s decision in that regard speaks volumes about the baseless nature of these claims."

A Dec. 2 document issed by the U.S. attorney's office states, "Pursuant to the False Claims Act, 31 U.S.C., the United States of America hereby notifies the Court of its decision not to intervene in this action. Although the United States declines to intervene, it respectfully refers the Court to 31 U.S.C. ' 3730(b)(1), which allows the Relators to maintain the action in the name of the United States, provided, however, that the 'action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting.' ”

An EPA spokesman told NJ.com on Friday, "After months of investigation, and following consultation with the U.S. Attorney’s office in N.J., EPA did not find the evidence that it would have needed to request that the U.S. Attorney bring formal charges. The investigation is now closed. Of course, we always reserve our right to investigate any significant new information...."

By contrast, the New Jersey attorney general's office did intervene in a recent whistleblower lawsuit involving a private bus company in the state.

Related: NY Waterway Ferry Founder Arthur Imperatore Dies At 95

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