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State AG Sues Uptown Landlord for Violating Oil Spill Laws

 The state alleges that Florence Edelstein ignored an order to correct the violations, including at 1781 Riverside Drive.
The state alleges that Florence Edelstein ignored an order to correct the violations, including at 1781 Riverside Drive.
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DNAinfo/NigelChiwaya

UPPER MANHATTAN — An Uptown landlord who racked up more than 100 housing violations at a Riverside Drive building is being sued for widespread violations of the state’s oil spill prevention laws, state Attorney General Eric Schneiderman announced.

The state is suing Florence Edelstein of Edel Family Management for what Schneiderman called widespread violations of the state’s oil spill prevention laws.

A complaint filed by Schneiderman's office said investigators from the Department of Environmental Conservation uncovered more than 90 violations of Petroleum Bulk Storage lawswhich govern the safe handling and storage of heating oil in residential buildings, at 25 different buildings owned by Edelstein between April and May 2013. Eighteen of these buildings were located in Washington Heights and Inwood.

“Property owners have an obligation to protect our environment and our residents from the harm caused by oil spills,” Schneiderman said in a statement. “No one is above the law, and my office will hold people accountable when they ignore New York’s environmental laws.”

The laws require that oil storage tanks that can hold more than 1,100 gallons of petroleum be properly registered with the state and that the installation, operation and maintenance of the tanks be monitored to prevent leaks and large-volume oil spills.

The violations listed in the complaint against Edelstein include failure to accurately register the facilities where the oil was stored, failures to maintain records of required monthly safety inspections, failure to properly maintain the equipment that prevents oil spillage and failure to properly label the oil tanks, a practice that ensures tanks are not over-filled or refilled with the wrong substance.

According to the complaint, the DEC initially attempted to resolve the violations through a settlement with Edelstein. When she rejected the offer, DEC Commissioner Joe Martens ordered her to correct all 90 violations and pay a fine of $113,500 within 30 days of the July 18 order, the complaint said.

Edelstein never responded to the order, the complaint said, and to date she has neither paid the fine nor offered proof that she addressed any of the violations.

Edelstein could not be reached for comment. An employee at Edelstein’s office said she could not comment on the case and declined to take a message for Edelstein.

Schneiderman is asking the court to order Edelstein to correct the violations and to pay the $113,500 penalty. The suit also asks that the court assess additional penalties for Edelstein’s failure to respond to the DEC’s administrative order.

“The Petroleum Bulk Storage (PBS) regulatory program is designed to prevent petroleum spills threatening the environment and the public,” Commissioner Martens said in a statement. “In the Edelstein case, a landlord ignored New York State Laws and put residents at risk.”