New Jersey Attorney General’s Office

Division of Criminal Justice

Peter C. Harvey, Attorney General

Vaughn L. McKoy, Director

                                         

FOR IMMEDIATE RELEASE:

Dec. 4, 2003

 

FOR FURTHER INFORMATION CONTACT:

John R. Hagerty, (609) 984-1936

Division of Criminal Justice

Capt. Bill Sheehan, (201) 968-0808

Hackensack Riverkeeper, Inc.

 

DIVISION OF CRIMINAL JUSTICE - ENVIRONMENTAL CRIMES BUREAU TARGETS URBAN DUMPING & ENVIRONMENTAL CRIMES

Indictment Charges Two NY Men With Illegal Tire Dumping In Meadowlands...

Bergen County Manufacturer Pleads Guilty to Discharging Contaminated Wastewater into Hackensack River...

Businessman Sentenced To Five Years In Jail For Dumping Debris In Trenton Neighborhood...


TRENTON — New Jersey Attorney General Peter C. Harvey announced that the Division of Criminal Justice - Environmental Crimes Bureau, in conjunction with the Department of Environmental Protection and public-interest environmental organizations, has achieved recent successes in the investigation and prosecution of urban environmental crimes, including the criminal indictment of two New York men charged with dumping hundreds of used tires in the environmentally sensitive Meadowlands in and around Bergen County.

 

Attorney General Harvey said that since announcing the “Environmental Urban Initiative” earlier this year, the Division of Criminal Justice - Environmental Crimes Bureau has indicted, convicted, and jailed illegal dumpers and unscrupulous “businessmen” for acts ranging from the dumping of hundreds of tires in communities surrounding the Meadowlands to discharging contaminated wastewater into the Hackensack River to dumping truckloads of debris in a vacant lot in Trenton. 


The Attorney General noted that the “Environmental Urban Initiative” represents a partnership between the Department of Environmental Protection’s Compliance and Enforcement Bureau and the Division of Criminal Justice - Environmental Crimes Bureau and is geared to response, investigation and prosecution of environmental crimes in urban communities and industrial areas.  The initiative targets criminal activity such as illegal dumping of construction debris and other solid waste, illegal discharges of pollutants into waterways and the air, and other activities which negatively impact the quality of life for residents in urban neighborhoods and communities.


“The Environmental Urban Initiative emphasizes law enforcement’s commitment to protecting urban communities from the illegal, unscrupulous and often dangerous practice of dumping debris and hazardous materials in disadvantaged communities and neighborhoods,” Attorney General Harvey said.  “The Attorney General’s Office and the Department of Environmental Protection are determined that New Jersey’s urban communities will not be dumping grounds and that the residents living in urban settings are not the forgotten New Jerseyans.”


First Assistant Attorney General Edward M. Neafsey announced that the Division of Criminal Justice - Environmental Crimes Bureau obtained a State Grand Jury indictment charging two New York residents with illegally dumping hundreds of used tires in and around the Meadowlands, including areas in Moonachie, Rutherford and Far Hills.  The indictment charges Ellsworth C. Bailey, 60, Brooklyn, NY and Bruce Hargrove, 44, Brooklyn, NY, with receiving stolen property and criminal mischief.  If convicted on all counts, Bailey faces up to 18 years in state prison and a fine of up to $65,000, while Hargrove faces up to 18 months in state prison and a fine of up to $10,000.  Both Bailey and Hargrove will be ordered to appear in Bergen County Superior Court for arraignment.  The indictment was handed-up to Mercer County Superior Court Judge Maria Marinari Sypek on Dec. 3.


The indictment alleges that Bailey coordinated the dumping of tires in remote areas within the Meadowlands and recruited Hargrove on one occasion to assist in the illegal endeavor.  The indictment charges that on July 29, Moonachie Police arrested Bailey and Hargrove in the act of dumping more than 400 tires behind an industrial complex located at 7 Purcell Court in Moonachie.  While the Division of Criminal Justice - Environmental Crimes Bureau had previously initiated investigations targeting illegal tire dumping in the Meadowlands, the Bailey investigation determined that the duo allegedly dumped hundreds more tires in at least two other nearby areas.  On July 8, a conservation officer from the Meadowlands Commission uncovered a pile of tires dumped between a railroad bed and a parking lot near Loehmans at 299 Thomas E. Dunn Memorial Highway in Rutherford.  Additionally, on Aug. 25, the Far Hills Police Department located an illegal dump of tires and plastic material in a wooded area off Route 202 North and Lake Road in Far Hills.  The indictment charges that the panel truck used to transport and dump the tires had been stolen from a Great Neck, NY trucking firm on June 18.  The investigation was coordinated by Deputy Attorney General Betty Rodriquez and State Investigator Jeffrey Hill assigned to the Division of Criminal Justice - Environmental Crimes Bureau.


According to Vaughn L. McKoy, Director, Division of Criminal Justice, recent investigations and prosecutions conducted by the Environmental Crimes Bureau and the “Environmental Urban Initiative” have resulted in the indictment, conviction and sentencing of several individuals charged with environmental crimes.


State v. Anthony Urcioli & Tunnel Barrel Drum Co.:  On Nov.14, the Division of Criminal Justice obtained a guilty plea from Anthony Urcioli, 59, Tuxedo Park, NY, on a charge of water pollution.  In entering the guilty plea, Urcioli, the owner/operator of the Tunnel Barrel & Drum Company located at 329 Veteran’s Boulevard, Carlstadt, Bergen County, admitted discharging wastewater from the drum cleaning operation into a tributary of the Hackensack River.  The Accusation charged that on June 13, the Department of Environmental Protection’s Bureau of Emergency Response investigated a report of green liquid being pumped into a storm sewer on Oehler Place in Carlstadt.  The investigation determined that employees of the Tunnel Barrel & Drum Company would clean and recondition 55-gallon drums and flush the cleaning fluids and residual materials into the storm drain.  The potentially toxic materials flowed into Berry’s Creek in the Meadowlands and ultimately into the Hackensack River.  Under the terms of the guilty plea, Urcioli will pay a $25,000 fine to the Clean Water Enforcement Fund and $10,000 to Hackensack Riverkeeper for continuing educational and river stewardship programs.  Urcioli will also be required to serve two years probation.  The plea was entered before Bergen County Superior Court Judge Sebastian Gaeta, Jr.  Sentencing in scheduled for Jan. 9, 2004.


State v. Heriberto Hernandez:  On Sept. 29, the State Grand Jury handed-up an indictment charging Heriberto “Junior” Hernandez, 33, Summer Avenue, Newark, Essex County, with receiving stolen property and criminal mischief.  The indictment charges that between July 22 and Aug. 4, Hernandez, an owner/operator contract truck driver, stole two trailer-size waste containers from a Port Newark container company, filled them with construction and lawn debris and abandoned the trailers instead of legally disposing of the debris.  One container was located on Aug. 19 on a residential street in Hillside, Union County, while the second container was left at a storage yard maintained by ASA Apple, Inc., located in Port Newark.  Hernandez was arrested by the Division of Criminal Justice on Sept. 4.  If convicted on all charges, Hernandez faces up to 20 years in state prison and $60,000 in fines.  The case has been assigned to Essex County for trial.


State v. Jose Marte & Trio Auto: On Sept. 26, Jose Marte, 46, Baldwin Avenue, Jersey City, Hudson County, was ordered by Hudson County Superior Court Judge Elaine L. Davis to pay $50,000 in restitution to Jersey City and the Consolidated Rail Corporation (Conrail) for allowing contaminated fluids from a salvage operation to seep into the ground.  In pleading guilty to a charge of criminal mischief, Marti, the owner/operator of Trio Auto Yard located on Conrail property in Jersey City, admitted that oil, gasoline and other automotive fluids from vehicles stored at the salvage operation had leaked onto the ground.  As part of the sentence, Marti was ordered to serve five years probation & to cease and desist salvage operations at the Garfield Ave. location.


State v. Anthony Iannuzzio: The Division of Criminal Justice - Environmental Crimes Bureau secured a five-year state prison term against Anthony V. Iannuzzio, (age unknown), formerly of Kent Street, Trenton, Mercer County, on charges of contempt of court for violating a Department of Environmental Protection restraining order and criminal mischief.  A State Grand Jury indictment charged that from May 1 - Sept. 23, 2002, Iannuzzio operated an illegal solid waste collection operation in and around Trenton which collected construction and related debris.  The Environmental Crimes Bureau investigation determined that Iannuzzio rented a lot on Enterprise Avenue in Trenton and dumped thousands of pounds of construction debris and abandoned 25 “roll-off” containers filled with solid waste at the facility. 


State v. Gary Kantor: On Sept. 19, the owner of a Union County manufacturing facility was ordered to pay a $15,000 fine and serve two years probation for unlawfully storing hazardous waste and allowing waste material from the manufacturing operation to be discharged into the municipal sewage system.  The Division of Criminal Justice - Environmental Crimes Bureau charged Gary Kantor, 51, Cleveland Terrace, West Orange, Essex County, via a State Grand Jury indictment.  The indictment identified Kantor as the owner/operator of Exact Anodizing located in Elizabeth, Union County.  Exact Anodizing coats plastic or metal electrolytically with a protective oxide.   The investigation by the Department of Environmental Protection and the Division of Criminal Justice - Environmental Crimes Bureau determined that numerous 55-gallon vats and/or drums containing hazardous waste were being stored without authorization from the DEP.  On-site inspection and analysis of chemical materials leaking from two of the drums indicated high levels of hazardous substances, including chromium, lead, barium and arsenic. 


Attorney General Harvey said that the key to a successful enforcement initiative against illegal dumpers must include the “eyes and ears” of neighborhood residents and community watch groups reporting suspicious activities. The DEP maintains a 24-Hour Environmental Hot Line -- 609-292-7172 -- to receive reports of environmental crimes.  Illegal dumping activity should also be reported to local police departments or county prosecutor’s offices.    Additional information regarding environmental enforcement activities can be obtained by logging on to the Division of Criminal Justice web page at www.njdcj.org or the Department of Environmental Protection web page at www.state.nj.us/dep.