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. That asbestos-contaminated debris was then transported to and dumped at Cross Nicastro II’s farm in Frankfort – much of which contained federally-regulated wetlands. Dumping and excavating operations were managed on-site by Julius DeSimone.
According to court documents, Donald Torriero and other conspirators concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forging the name of a DEC official on the fraudulent permit. Once the conspirators learned that they were under investigation, they began a systematic pattern of document concealment, alteration and destruction by destroying and secreting documents responsive to grand jury subpoenas and falsifying and submitting environmental sampling to the U.S. Environmental Protection Agency (EPA).
Back in April, NJ.com reported, Eagle Recycling of North Bergen pleaded guilty in federal court to dumping 16.2 million pounds of pulverized construction and demolition debris - including asbestos - at the site and then attempted to destroy documents to conceal it. As part of the plea agreement, Eagle Recycling agreed to pay a criminal fine of $500,000, to implement an environmental compliance plan at its North Bergen facility, and to pay restitution that potentially includes cleanup costs.
