Updated 5:15 p.m. Dec. 21, 2016, to correct an erroneous initial report of two counts of third-degree endangering public health, corrected to two fourth-degree counts.

POTSDAM -- Mahoney’s Auto Mall and an employee have been indicted for burying more than 140 gallons of hazardous waste on the company’s property, according to Attorney General Eric Schneiderman.

A 12-count indictment charges Andrew Fuller, 33, of Madrid, and Mahoney’s, a used car dealership and automobile repair shop at 7513 U.S. Route 11, with violations of the New York State Environmental Conservation Law.

The indictment unsealed yesterday in St. Lawrence County Court charges both Mahoney’s and Fuller with one felony and eight misdemeanor environmental law crimes pertaining to the burial of the hazardous material.

A DEC investigation revealed that in June 2014, Fuller allegedly buried drums of used oil, containers of used oil filters, and tires on the Mahoney’s property, the attorney general said.

On July 21, 2014, DEC police and regulators executed a search warrant which authorized them to excavate the waste buried at Mahoney’s. During the excavation, DEC officials discovered four 55-gallon drums containing approximately 142 gallons of liquid, several containers of used oil filters, and approximately 20 tires, Schneiderman said.

Subsequent laboratory analysis showed that liquid samples from each of the four drums contained the hazardous substance benzene at levels in excess of .5 milligrams per liter. In addition to the benzene, the analysis detected the presence of the hazardous substances toluene, ethyl-benzene, and xylene. Releases of hazardous substances that may enter the environment are illegal, according to Schneiderman.

Additionally, adjacent to the excavated waste area, DEC officials found an open, unprotected pile of solid waste which measured 33 feet in width by 25 feet in length. The pile of solid waste contained construction and demolition debris, roofing material, household trash, clothing, furniture and bedding. The disposal of solid waste at the site constitutes the operation of a solid waste management facility, according to the attorney general. The DEC subjects solid waste management facilities to strict operational and closure requirements to avoid potential adverse impacts to public health and the environment, and it is illegal to construct or operate such a facility without first obtaining a permit from the DEC. According to DEC records, Mahoney’s neither applied for nor received the necessary permit, Schneiderman said.

Inside the auto shop, DEC officials also discovered a concrete channel dug into the floor, which transported spilled automotive fluids into a pit. Once in the pit, the spilled fluids were discharged onto the ground outside the auto shop through a pump attached to a garden hose. DEC officials collected a soil sample from the area onto which the garden hose discharged the automotive fluids. Laboratory testing by the DEC revealed that this soil was contaminated with petroleum. DEC officials also discovered petroleum-contaminated Speedy Dry which had been disposed of outside on the ground adjacent to the auto shop, according to Schneiderman.

The felony charge of third-degree endangering public health, safety or the environment carries a potential prison sentence of up to four years in state prison and a maximum fine of $150,000. The eight misdemeanor charges of fourth-degree endangering public health, safety or the environment each carry a potential jail sentence of up to one year in local jail and a maximum fine of $37,500. Additionally, Mahoney’s was also charged with two counts of fourth-degree endangering public health, safety or the environment (for the release of automotive fluids through the garden hose and the disposal of petroleum-contaminated Speedy Dry); and one misdemeanor for violating environmental conservation law, for operating an unpermitted solid waste management facility, which carries a minimum fine of $3,750 and a maximum fine of up to $22,500 per day of violation, Schneiderman said.

“Failing to properly dispose of hazardous material jeopardies the health of New Yorkers and the surrounding environment,” Schneiderman said in a news release. “We will continue to hold polluters responsible for their actions and will not hesitate to vigorously enforce our state’s environmental laws.”

Judge Derek P. Champagne arraigned Fuller and Mahoney’s on the indictment Tuesday in St. Lawrence County Court. Fuller was released on his own recognizance. The defendants are next scheduled to appear in court on Jan. 30.

Also assisting in the investigation was Investigator Samuel Scotellaro of the New York State Office of the Attorney General and Deputy Chief Investigator Antoine Karam. The Attorney General’s Investigations Division is led by Chief Dominick Zarrella.

The case is being prosecuted by Assistant Attorney General Andrew Tarkowski, with the assistance of Assistant Attorney General Hugh McLean, both of the Criminal Enforcement and Financial Crimes Bureau. The Criminal Enforcement and Financial Crimes Bureau is led by Bureau Chief Gary Fishman and Deputy Bureau Chief Stephanie Swenton.