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Allegations Of Improper Storage of Chlorine at Bowline Transfer Station Fire Caused First Responder Permanent Injuries
Richard Fenner, a 25-year veteran of the West Haverstraw Fire Department, is asking a Rockland County Supreme Court Justice for permission to sue Rockland Green for grievous injuries he suffered after being called out to extinguish a dumpster fire at Rockland Green’s transfer station on Beach Road in West Haverstraw last August.
Fenner is asking the court to waive the normal 90-day notice requirement a claimant must adhere to when seeking damages from a public entity such as Rockland Green. The so-called “Notice of Claim” is a necessary precursor to filing a lawsuit against most state government authorities for personal injuries.
Fenner, who claims he was not aware of the extent of his injuries until after the 90-day limit, needs a court order for “leave to file a late notice” against Rockland Green. Without the court allowing extra time, Fenner cannot proceed against Rockland Green for what the claim and lawsuit describe as multiple acts of negligence leading to his injuries.
Rockland Green contracts with Mr. Bults Inc. (MBI) to manage some of the operations at the recycling center where Fenner suffered injuries stemming from a toxic fire originating in a truck trailer. MBI is a national company whose services range from transfer station management and operation to on-site landfill services and transportation.
The court filing says that on August 5, 2024, Fenner and other firefighters reported to the Bowline Transfer station to extinguish a dumpster fire, but upon arrival, saw a tractor trailer completely engulfed in flames.
The firefighting team on site, unaware the trailer contained toxic materials including chlorine, was directed to set up ladders and extinguish the fire “via dropping water from above,” a method which proved ineffective.
After consulting with a representative from MBI, the firefighting team learned there was chlorine in the burning trailer, and that the chlorine had been stored in the trailer over the weekend. The first responders withdrew, but Fenner was tasked with retrieving tools around the burning trailer.
Exposure to the toxic gas resulted in Fenner and seven other firefighters being taken to the Westchester Medical Center for emergency care. Fenner suffered chest burns and was referred to a pulmonologist.
In the year since the incident, Fenner developed Chronic Obstructive Pulmonary Disease (COPD), permanent and irreversible damage to his lungs and lung capacity, and severe and irreversible damage to his heart, according to his claim.
Fenner charges that Rockland Green (and its employees and agents) knew or should have known that toxic chlorine was combusting in the trailer. Fenner claims Rockland Green failed to properly care for the toxic chemicals; failed to implement adequate safety policies and procedures to prevent accidents; failed to enforce the rules of the recycling center which prohibits the storage of toxic chemicals; failed to ensure the trailer was an appropriate vessel for the storage of toxic chemicals; failed to properly inspect vehicles dumping waste at the recycling center; failed to warn the responders and disclose to them the existence of toxic chemicals; failed to handle toxic chemicals properly; and a host of other failures to manage the toxic chemicals and protect the first responders at the scene.
Reports from the Rockland County Sheriff’s Office differ in details from Fenner’s claims but confirm the existence of chlorine at the scene by Rockland County HazMat after the fire was extinguished. The RCSO’s report says shifting winds were reported and first responders were called back to the scene where seven firefighters were sickened and taken to Westchester Medical Center.
The New York State DEC Spill Database confirms the chlorine spill from a commercial vehicle and clean-up.
Fenner, in an affidavit, details the reasons why he was late filing his claim and requests the court accept the Notice of Claim for late filing. He says he was not aware of the full extent of his injuries until after the 90-day notice period lapsed, and that upon learning of his permanent injuries, he contacted counsel and filed the late claim.
He says it wasn’t until the summer of 2025 that he learned that he suffered severe and irreversible heart damage, including an estimation from his cardiologist that he only had “heart operation at 45 percent efficiency.”
Fenner is seeking past and future economic damages, past and future pain and suffering, loss of support, loss of services, and loss of enjoyment of life.
The court has discretion as to allow the late claim, looking at the reasons for the delay, the merits of the claim, and whether Rockland Green suffered any prejudice from the late filing. The Notice of Claim is also filed against Rockland County, stating that Rockland Green is a “subset” of Rockland County..
Fenner is represented by Smith, Sovik, Kendrick & Sugnet of Syracuse, NY.
