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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. |