A New Jersey-based recycling facility, Eagle Recycling, has been penalized for a multi-year scheme involving the illegal dumping of construction and demolition debris in upstate New York. The company pleaded guilty in 2011 to federal charges and was sentenced in December of that year, bringing to a close a complex investigation that began in 2006 and spanned multiple states.
According to court documents, Eagle Recycling and its co-conspirators illegally transported approximately 8,100 tons of pulverized construction and demolition debris from its North Bergen, New Jersey facility to a farmer’s property in Frankfort, New York. The operation was deliberately concealed through the fabrication of a fraudulent New York State Department of Environmental Conservation (DEC) permit, complete with a forged signature of a DEC official. The scheme aimed to bypass environmental regulations and avoid the costs associated with proper waste disposal.
Deceptive Practices & Cover-Up
The investigation revealed that Eagle Recycling didn’t stop at forging documents. Following initial inquiries from the DEC and the Environmental Protection Agency (EPA), the company engaged in a systematic effort to obstruct justice. This included the destruction of incriminating documents – even during the execution of a federal search warrant – and the submission of falsified environmental sampling data to the EPA. The company also attempted to conceal documents responsive to grand jury subpoenas and falsified certifications submitted to the Grand Jury.
Legal Ramifications & Penalties
Eagle Recycling was charged with one count of conspiracy, a violation of Title 18 U.S. Criminal Code, specifically 18 U.S.C. 371, and further violated 42 U.S.C. 7413(c)(4) pertaining to the Clean Water Act. The company was sentenced to three years of corporate probation and ordered to pay a hefty $500,000 federal fine. In addition to the fine, Eagle Recycling was required to pay $71,285 in restitution to cover cleanup costs at the Frankfort, New York site. The sentencing also mandated the implementation of a comprehensive environmental compliance plan at its North Bergen facility to prevent future violations.
Broader Investigation & Cooperation
This case was the result of a joint effort involving multiple law enforcement agencies, including the New York State Environmental Conservation Police, Bureau of Environmental Crimes (BECI), the EPA’s Criminal Investigation Division, the Internal Revenue Service, and police departments from New Jersey and Ohio. The investigation was praised by both federal and state officials as a successful example of interagency cooperation in combating environmental crime. A related guilty plea from Jonathan Deck on similar conspiracy charges in late 2009 further highlighted the scope of the criminal enterprise.
Key Facts
- Defendant: Eagle Recycling (Lieze Associates, dba)
- Crime: Illegal dumping of construction and demolition debris, fraud, obstruction of justice
- Location: North Bergen, NJ & Frankfort, NY
- Amount of Waste: 8,100 tons
- Laws Violated: Title 18 U.S. Criminal Code (18 U.S.C. 371), 42 U.S.C. 7413(c)(4) (Clean Water Act)
- Penalties: $500,000 fine, $71,285 restitution, 3 years probation, environmental compliance plan
- Investigation Agencies: EPA, NY BECI, IRS, NJ State Police, NJ DEP, OH DEP
The prosecution was handled by Assistant U.S. Attorney Craig A. Benedict of the Northern District of New York and Todd W. Gleason of the Environmental Crimes Section of the U.S. Department of Justice, underscoring the federal government’s commitment to prosecuting environmental crimes and holding polluters accountable.
Source: EPA ECHO Enforcement Case Database
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