Paterson, NJ – A preventable tragedy at a Paterson recycling facility resulted in one worker’s death and another’s serious injury, culminating in criminal charges and substantial penalties for Joseph Damato Paper Stock Company and its leadership. The incident, stemming from the improper handling of aerosol cans, highlights the dangers of neglecting safety protocols in industrial recycling operations.
On April 9, 2002, authorities charged the company and its principals with multiple offenses following an explosion at their facility. The blast occurred after approximately 13,000 aerosol cans were crushed, creating a volatile and ultimately deadly situation. Investigators determined the company failed to adhere to established protocols for handling potentially hazardous materials, leading directly to the catastrophic event.
The charges filed against Joseph Damato Paper Stock Company and its officers included aggravated assault, transportation of hazardous waste, and violations of New Jersey’s air pollution control act. Specifically, the company was accused of failing to properly manifest the hazardous waste, a critical step in ensuring its safe handling and disposal. This failure, combined with unsafe crushing practices, created the conditions for the explosion.
Legal Ramifications & Sentencing
After a period of legal proceedings, on March 31, 2003, all parties entered guilty pleas to the charges. The sentencing, delivered on June 6, 2003, reflected the severity of the offenses. The Joseph Damato Paper Stock Company was ordered to pay a significant $250,000 fine to the state. Beyond the corporate penalty, company leaders also faced individual consequences. Joseph F. Damato received 36 months of probation and was assessed $435 in court and probation fees, while Joseph P. Damato also received 36 months probation, along with $485 in fees.
Specific Laws Violated
The prosecution successfully argued violations of several key statutes, including: N.J.S. 2C:2-6 (reckless endangerment), N.J.S.A. 26:2C-19(f)(1) (illegal disposal of hazardous waste), N.J.A.C. 7:27-16.16(c) (air pollution control regulations), 42 U.S.C. 6928(d)(2)(A) (Resource Conservation and Recovery Act – RCRA), N.J.S. 2C:13-1E-9.3 (aggravated assault), N.J.S.A. 13:1E-9H and N.J.S.A. 13:1E-9(i) (solid waste management regulations), and 2C:2-6 (aggravated assault). These laws collectively address the proper handling, transportation, and disposal of hazardous materials, as well as the responsibility to maintain a safe working environment.
Key Facts
- Defendant: Joseph Damato Paper Stock Company
- Location: Paterson, New Jersey
- Incident: Explosion caused by improper crushing of aerosol cans.
- Fatalities: One employee killed, one seriously injured.
- Corporate Fine: $250,000
- Individual Probation: Joseph F. & P. Damato each sentenced to 36 months probation.
This case serves as a stark reminder of the critical importance of regulatory compliance and worker safety in the recycling industry. The penalties levied against Joseph Damato Paper Stock Company and its leaders underscore the legal and ethical responsibilities businesses have to protect their employees and the environment. The GrimyTimes will continue to follow developments related to industrial safety and environmental crime.
Source: EPA ECHO Enforcement Case Database
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