A federal jury in New York has found the New Jersey-based solid waste management company Mazza & Sons Inc., the company’s owner and the owner of an upstate New York property guilty in connection with a dump containing thousands of tons of asbestos-containing materials. United States v. Nicastro, No. 11-264 (N.D.N.Y. 10/16/12). According to the U.S. Department of Justice (DOJ), the defendants conspired to create a fraudulent permit for the dump site, which contained protected wetlands.
The government alleged that demolition wastes, including asbestos-containing materials, were deposited at the dump in violation of Clean Water Act and Comprehensive Environmental Response, Compensation, and Liability Act requirements. Potential penalties for conviction include fines up to the greater of $250,000, twice the gross gain to the defendants or twice the gross loss to a victim, and up to five years in prison. The jury also convicted the defendants of obstruction of justice for destroying and concealing documents responsive to a grand jury subpoena. That conviction carries a maximum penalty of 20 years in prison and fines similar to the environmental convictions. See DOJ Press Release, October 16, 2012.