Elmont Gas Station Owner Charged After Refusing to Repair Underground Gasoline Tank

Yetim knew of leaks since 2005; faces up to 4 years in prison

MINEOLA, NY – Nassau County District Attorney Kathleen Rice announced today that her Environmental Crimes Unit has arrested and charged the owner of an Elmont gas station with multiple felony environmental crimes for allegedly ignoring orders from the New York State Department of Environmental Conservation (DEC) to repair a damaged underground tank found to be leaking petroleum into the soil and groundwater.

Nejdet Yetim, 45, of Patchogue, was arrested this morning by DA Investigators and charged with Endangering Public Health, Safety or the Environment in the Third Degree and Knowingly Violating a Final Administrative Order, both felonies. Yetim faces up to four years in prison if he is found guilty of the charges. He is scheduled to be arraigned later today in First District Court, Hempstead.

Rice said that in December 2005, Yetim was notified by a contractor that the underground tank had failed a tightness test. As is required by law, the contractor notified the DEC that the tank had failed the test. Yetim is the owner of the Liberty gas station located at 653 Hempstead Turnpike in Elmont.

The extent of the damage, including a 5-inch-by-8-inch hole, was discovered by a second contractor in April 2006. At that time, the DEC ordered Yetim to replace the tank as well as perform a soil and groundwater investigation in the area around the tank. Yetim ignored these orders, as well as another order to replace the tank in October 2007.

Investigators estimate that between December 2005 and April 2006 alone, more than 200 gallons of gasoline may have leaked into the soil and groundwater around the tank.

A search warrant executed on August 20, 2009 revealed the presence of petroleum in soil and groundwater samples taken from around the tank. The tank was taken out of operation in April 2009 according to the DEC, though the station is still operating.

According to the DEC, there is no imminent threat to the groundwater surrounding the leaking tank, though the area must be cleaned up.

“For this defendant to place profit above the health of his surrounding community is beyond despicable,” Rice said. “My office will continue to aggressively prosecute any individual who endangers the health and environment of Nassau County.”

Chief Robert Owens of the Environmental Crimes Unit is handling the case for the District Attorney’s Office. Yetim is represented by Eric Naiburg, Esq.

The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.