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Mazza & Sons Inc., Illegal Dumping, New Jersey 2011

A New Jersey-based solid waste management company, its owner, and three associates were arrested on federal charges for conspiring to transport and dump thousands of tons of asbestos contaminated debris at an upstate New York farm containing wetlands.

According to the indictment, Dominick Mazza, 60, of Tinton Falls, N.J., and his company, Mazza & Sons Inc., conspired with Julius DeSimone, 69, of Rome, N.Y., Donald Torriero, 54, of Wellington, Fla., and Cross Nicastro II, 59, of Frankfort, N.Y., to dump the asbestos-contaminated debris at Nicastro’s farm in Frankfort in 2006.

The indictment describes a scheme to illegally dump thousands of tons of asbestos-contaminated, pulverized construction and demolition debris that was processed at Eagle Recycling’s and Mazza & Sons Inc.’s, New Jersey-based solid waste management facilities.

The defendants were arrested at residences in New York, New Jersey, and Florida early today and made their initial appearances in federal courts in the Northern District of New York, Southern District of Florida, and District of New Jersey.

The indictment charges the defendants with conspiracy to defraud the United States, violate the Clean Water Act and Superfund laws, and commit wire fraud. Donald Torriero is also charged with wire fraud associated with his fabrication and transmission of the fake permit the conspirators used to conceal the dumping.

The conspiracy and substantive Clean Water Act, Superfund, and false statements counts of the indictment each carry a maximum possible term of incarceration of five years and a fine of $250,000, twice the gross gain to the defendants, or twice the gross loss to a victim.

Arrests were made on June 13, 2011.

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