Whitesboro, NY

#1 Dec 20, 2011

NJ company to pay $500K fine for illegal dumping on Frankfort farm

By Associated Press

Story Created: Dec 20, 2011 EST
Story Updated: Dec 20, 2011 at 12:26 PM EST )

FRANKFORT, N.Y.(AP)- A New Jersey recycling company has agreed to pay a $500,000 fine for helping to illegally dump more than 8,000 tons of construction debris at a farm in upstate New York.

North Bergen-based Eagle Recycling was sentenced Monday in Utica, N.Y. The company will have to pay more than $70,000 in restitution and cleanup costs. Earlier this year, Eagle pleaded guilty to conspiring to violate the Clean Water Act's ban on filling wetlands and committing wire fraud in order to do it.

Prosecutors say Eagle and its coconspirators dumped the asbestos-contaminated debris on farmland near New York's Mohawk River in 2006 and disguised the crime by using a fake state permit.

The conspirators allegedly planned to continue dumping the refuse in wetlands and the river's flood plain over five years.

Four individuals still face federal charges in regard to the illegal dumping conspiracy. Julius DeSimone, 69, of Rome; Donald Torriero, 54, of Utica; Cross Nicastro II, 59, of Frankfort; and Dominick Mazza, 60, of Tinton Falls N.J. were all invovled in the illegal dumping on the Frankfort farm in 2006, according to federal court documents. The four were indicted on federal charges of conspiracy to defraud the United States, violate the Clean Water Act and Superfund laws and wire fraud.

Torriero is accused of fabricating and transmitting a fake permit that the conspirators allegedly used to conceal the dumping. Mazza & Sons, Inc, along with its owner, Dominick Mazza, are charged with violating the Superfund law's requirement to report the release of toxic materials as well as obstruction of justice. Mazza and Julius DeSimone are charged with making false statements to special agents of the U.S. Environmental Protection Agency.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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