UTICA, NY – A New Jersey waste management company and its owner, along with a New York landowner, have been sentenced for a large-scale illegal dumping scheme that contaminated wetlands along the Mohawk River with asbestos-laden construction debris. The case, brought by the Environmental Protection Agency (EPA) and the Department of Justice (DOJ), highlights a brazen disregard for environmental regulations and public health.
Dominick Mazza, owner of Mazza & Sons, Inc., was sentenced to 51 months in federal prison and a $75,000 fine. His company, Mazza & Sons, received five years of probation and was ordered to pay a $100,000 fine, along with $494,000 in restitution and cleanup costs. Cross Nicastro, the landowner who allowed the dumping on his 28-acre property in Frankfort, NY, received a 33-month prison sentence, a $25,000 fine, and was also ordered to contribute to the $492,494 restitution. The sentencing follows a 10-day trial in October 2012 where all three defendants were found guilty on multiple counts.
The Illegal Dumping Operation
Evidence presented at trial revealed that Mazza & Sons, along with Nicastro and co-conspirators, illegally dumped thousands of tons of construction and demolition debris onto Nicastro’s property between 2008 and 2011. A significant portion of the debris contained asbestos, a known carcinogen. The dumping occurred without any required permits, violating both state and federal regulations. To conceal their actions, the defendants fabricated a New York State Department of Environmental Conservation (DEC) permit, forging the signature of a DEC official.
Obstruction of Justice
The scheme didn’t end with illegal dumping. Mazza & Sons further obstructed justice by destroying and concealing documents requested under a grand jury subpoena. This attempt to cover up the operation added to the severity of the charges and ultimately contributed to the significant penalties handed down by the court. The investigation, a collaborative effort between multiple federal and state agencies, uncovered the full extent of the conspiracy just months after dumping began – after at least 400 truckloads of debris had already been deposited on the property.
Legal Ramifications & Penalties
The defendants were convicted of conspiracy (18 U.S.C. 371), making false statements (18 U.S.C. 1001), violating the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) – also known as Superfund (42 U.S.C. 9603(b) for failure to notify), and obstruction of justice (18 U.S.C. 1519). Violations of the Clean Water Act (33 U.S.C. 1319) and related Superfund laws (42 U.S.C. 7413(c)(4)) were also included in the conviction. The conspiracy, Superfund and false statement counts each carried a maximum penalty of five years in prison and fines up to $250,000, twice the profit gained, or twice the loss incurred by victims. The obstruction of justice charge carried a maximum sentence of 20 years in prison and similar financial penalties.
Key Facts
- Defendants: Mazza & Sons, Inc., Dominick Mazza, and Cross Nicastro
- Location: Frankfort, New York
- Crime: Illegal dumping of asbestos-contaminated construction debris into federally-regulated wetlands.
- Fraud: Defendants fabricated a DEC permit and forged a DEC official’s signature.
- Obstruction: Mazza & Sons destroyed documents subpoenaed by a grand jury.
- Restitution: Defendants ordered to pay a combined $986,494 in restitution and fines.
“This case sends a clear message that those who prioritize profit over the environment and public health will be held accountable,” stated Robert G. Dreher, Acting Assistant Attorney General for the DOJ’s Environment and Natural Resources Division, following the sentencing. The investigation involved agents from the EPA’s Criminal Investigation Division, the IRS Criminal Investigation, and multiple state environmental agencies.
Source: EPA ECHO Enforcement Case Database
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