A New York landowner and a New Jersey solid waste company have been sentenced for their role in illegally dumping thousands of tons of asbestos-contaminated construction debris in upstate New York.
Cross Nicastro and Dominick Mazza, the owner of Mazza & Sons Inc., were sentenced in federal court in Utica, New York, on Tuesday and yesterday for conspiring to violate the Clean Water Act, Superfund statute, and to defraud the United States.
The defendants were convicted in October 2012 after a three-week trial in Utica. According to the trial evidence, the defendants conspired to fill in the entire 28-acre property over the course of five years with pulverized construction and demolition debris that was processed at New Jersey solid waste management facilities and then transported to Cross Nicastro’s property in Frankfort, New York.
The plot was uncovered by law enforcement just months after the defendants began the operation, having already dumped at least 400 truckloads of debris at the site. Much of the material that was dumped was placed in and around waters of the United States and some of the material was found to be contaminated with asbestos.
U.S. District Judge David N. Hurd sentenced Dominick Mazza to 51 months in prison to be followed by three years of supervised release, to pay a $75,000 criminal fine and $492,000 in restitution. In addition, Judge Hurd sentenced Mazza & Sons Inc. to pay a $100,000 criminal fine and $494,000 in restitution and cleanup costs, and imposed five years corporate probation.
The court also ordered that Mazza & Sons’ recycling facility fund and implement an environmental compliance plan to prevent future environmental violations at their Tinton Falls, New Jersey, operation. The compliance plan is to be administered by a third-party auditor.
On Tuesday, Cross Nicastro was sentenced to 33 months in prison and three years of supervised release and to pay $492,494 in restitution and a $25,000 criminal fine.
The defendants were investigated by Criminal Investigators with the New York State Environmental Conservation Police, Bureau of Environmental Crimes. The case is a reminder that environmental crimes will be prosecuted vigorously by law enforcement agencies.
The exact criminal charges against the defendants are conspiracy to violate the Clean Water Act, Superfund statute, and to defraud the United States. The case was investigated by the New York State Environmental Conservation Police, Bureau of Environmental Crimes.
The defendant, Mazza & Sons Inc., is a New Jersey solid waste company. The crime occurred in upstate New York. The exact date of the crime is not specified in the source. The sentence for Dominick Mazza is 51 months in prison to be followed by three years of supervised release. The fine for Mazza & Sons Inc. is $100,000, and the restitution and cleanup costs are $494,000.
Cross Nicastro was also sentenced to 33 months in prison and three years of supervised release and to pay $492,494 in restitution and a $25,000 criminal fine.
The defendants have been held accountable for their role in illegally dumping thousands of tons of asbestos-contaminated construction debris in upstate New York.
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Key Facts
- State: New York
- Category: Environmental Crime
- Source: DOJ Press Release â†â€â€
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