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For Immediate Release:  
For Further Information Contact:
December 2, 2004


Office of The Attorney General
- Peter C. Harvey, Attorney General
Division of Criminal Justice
- Vaughn L. McKoy, Director

 

John R. Hagerty
609-984-1936

 
 

Attorney General’s Office and Division of Criminal Justice Continue to Investigate and Prosecute Urban Environmental Crime

Urban Environmental Initiative Targets Quality of Life Crime

Criminal Prosecutions Charge Illegal Storage of Hazardous Chemicals in Middlesex and Cumberland Counties...
Abandoned Trailers Filled with Solid and Hazardous Waste in Passaic, Union and Essex Counties...
Cyanide Contaminated Wastewater Discharged into Newark Public Sewer System...
Environmental Fraud in Monmouth and Burlington Counties...

Municipal Police Departments Receive Environmental Crimes Handbook

 

TRENTON — New Jersey Attorney General Peter C. Harvey announced that the Attorney General’s Urban Environmental Initiative continues to successfully investigate and prosecute urban environmental crimes with recent indictments and guilty pleas charging the illegal storage of hazardous chemicals in Middlesex and Cumberland counties; abandoning trailers filled with toxic, hazardous, or solid wastes in Passaic, Union and Essex counties; and the discharging of contaminated wastewater into the Newark public sewer system.

Attorney General Harvey said that in 2004, the Division of Criminal Justice - Environmental Crimes Bureau obtained 17 criminal indictments, guilty pleas and/or Accusations charging 24 individuals or corporations with illegal acts ranging from the intentional discharge of hazardous and potentially toxic wastewater into public waterways, to the illegal dumping of thousands of tires in environmentally sensitive areas, to discharging contaminated wastes near residential communities, to abandoning trailers full of solid waste and construction debris in urban neighborhoods. The Environmental Crimes Bureau has also collected more than $600,000 in fines and restitution.

“The Urban Environmental Initiative is committed to protecting urban communities from the illegal, unscrupulous, and often dangerous practice of dumping debris and hazardous materials in or near residential communities and neighborhoods,” Attorney General Harvey said. “As our cities and urban areas undergo renovation and rebuilding, there will be those who try to cut corners and improperly dispose of demolition debris, solid waste and hazardous and toxic chemicals in back lots and alleyways. The Attorney General’s Office is determined that New Jersey’s communities will not be dumping grounds and that the residents living in urban settings are not the forgotten New Jerseyans.”

Vaughn L. McKoy, Director, Division of Criminal Justice, said that in recent weeks the Environmental Crimes Bureau has obtained four separate State Grand Jury indictments and five criminal Accusations and/or guilty pleas charging various criminal environmental violations including:

  • State Grand Jury indictment charging W. Scott Sheppard, Debbie Lane, Millville, and Millville Laundry & Dry Cleaning, 26-28 West McNeal St., Millville, Cumberland County, with unlawful storage of hazardous waste (3rd degree). The indictment charges that Sheppard, as President of the defunct Millville Laundry (closed in September, 2001), abandoned hazardous dry cleaning solvents inside the facility. After responding to a Feb. 23, 2004 fire at the abandoned building, local fire officials uncovered the abandoned drums of solvents, including large quantities of tetrachloroethene. If convicted, Sheppard faces up to five years in state prison and a fine of up to $15,000. The indictment was handed-up to Mercer County Superior Court Judge Linda R. Feinberg on Oct. 21.
  • State Grand Jury indictment charging Joseph Armstrong, 45, Thompson Street, Roselle, Union County, with conspiracy, unlawful abandonment of a toxic pollutant, unlawful release of a toxic pollutant, criminal mischief, and theft by receiving stolen property. The indictment charged that Armstrong, President of Dock Bumpers, Inc., 1120 Walnut Street, Roselle, stole a tractor trailer, loaded the trailer with 12 55-gallon drums of waste oil and other substances, including toxic pollutants such as lead zinc and copper, and abandoned the trailer on Julia Street in Elizabeth If convicted on all counts, Armstrong faces more than 50 years in state prison and fines exceeding $300,000. The indictment was handed-up to Mercer County Superior Court Judge Maria Marinari Sypek on Aug. 31.
  • State Grand Jury indictment charging Henry E. Pettaway, 42, Summer Avenue, Newark, Essex County, with multiple counts of receiving stolen property and criminal mischief. The indictment charges that Pettaway, purportedly employed by James E. Bailey, the owner/operator of a Newark-based demolition business, stole at least five tractor trailers which were then filled with construction debris and abandoned at various locations in Essex County. The stolen trailers, filled with demolition debris, were recovered at Magazine and Paris Streets, Newark; Nye Avenue and 21st Street, Irvington; and 263 16th Ave., Newark. The indictment was returned on Aug. 13.
  • In an Accusation filed in Burlington County Superior Court, Burlington County resident Delton Lyons, Dartmouth Court, Evesham, was charged with illegally disposing of home heating oil. Lyons is accused of dumping oil from a home heating oil tank directly into a storm drain near the residence. The oil leached into and contaminated a nearby pond. Lyons will be required to pay $6,000 to the New Jersey Spill Compensation Fund as well as the costs of cleaning-up the contaminated pond. The Accusation was filed on Nov. 18. The Evesham Township Police Department conducted the investigation with the Division of Criminal Justice - Environmental Crimes Bureau.
  • Guilty plea by corporate officials representing Morganville Properties, 110 Newfield Ave., Edison, Middlesex County, to a charge of unlawful storage of hazardous waste. In pleading guilty in Middlesex County Superior Court, the corporation admitted to unlawfully storing chemicals and other hazardous wastes for a period of at least two years (August, 2002 to May, 2004) at a truck yard in the Raritan Center. During that time, some of the chemicals leaked out of the containers and onto the ground. As a result of the Nov. 12 guilty plea, the corporation will pay approximately $50,000 in clean-up costs, a $10,000 criminal fine, and $6,700 to the New Jersey Spill Compensation Fund.
  • Guilty plea in Essex County Superior Court to a criminal Accusation charging Distribution Freight Systems, Inc., 221 Frelinghuysen Ave., Newark, Essex County, with the reckless transportation of solid waste to a location not authorized to accept such waste. The Nov. 4 Accusation charged that corporate officials from Distribution Freight unlawfully allowed a tractor trailer loaded with construction and demolition debris to be abandoned on 39th Street in Paterson. The company was ordered to pay more than $5,000 to remove and clean-up the abandoned debris.
  • Guilty plea in Union County Superior Court to a criminal Accusation which charged Ryan Bossert, Hillside Avenue, Hillside, Union County, with transportation of hazardous waste to a place which does not have authorization to accept such waste. The Oct. 20 Accusation charged that between March 19 and May, 12, Bossert moved a tractor trailer containing solid and hazardous waste from a business location at 470 Hillside Ave. in Hillside and abandoned the trailer in a vacant lot at the intersection of Empire and Victoria Streets in Newark.
  • Guilty plea in Essex County Superior Court to a criminal Accusation which charged Jorge Roldan, 54, Polk Street, Newark, Essex County, President of Precise Plating, Inc., with negligent violation of the Water Pollution Control Act. In pleading guilty on Oct. 8, Roldan admitted that on March 5, the company intentionally discharged waste water containing cyanide in excess of permit levels directly into the Newark sewage system. As a result of the violation of the New Jersey Water Pollution Control Act, Roldan and Precise Plating was ordered to pay a $2,500 fine to the Passaic Valley Sewerage Commission.

The Urban Environmental Initiative represents a partnership between the Department of Environmental Protection’s Compliance and Enforcement Bureau and the Division of Criminal Justice - Environmental Crimes Bureau. The initiative is geared to response, investigation and prosecution of environmental crimes in urban communities and industrial areas and targets criminal activity such as the 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.

Attorney General Harvey said that as part of the Urban Environmental Initiative, over 500 copies of the 2004 Edition of the Environmental Crimes Handbook has been distributed to every municipal, county, and state law enforcement agency. The Handbook updates environmental statutes and provides easy-to-access information to law enforcement officers regarding potential environmental crimes. The Environmental Crimes Bureau has also begun a statewide training program for local law enforcement officials on the investigation of solid waste dumping. A copy of the Environmental Crimes Handbook is available via the Division of Criminal Justice Web site at www.njdcj.org.

The investigations and indictments were coordinated by Supervising Deputy Attorney General Edward Bonanno and Deputy Attorney’s General Bruce Kmosko, Robert Donovan, Betty Rodriquez, Phillip Leahy, and John Higgins. Supervising State Investigator Wayne Smith and State Investigators Jeffrey Gross, Stephen Politowski, Dawn Ryan, Steven Ogulin, Jeffrey Hill, and Stephen Coraggio conducted the investigations. All are assigned to the Division of Criminal Justice - Environmental Crimes Bureau.

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. Information regarding environmental enforcement activities can be obtained by logging on to the Division of Criminal Justice Web site at www.njdcj.org or the Department of Environmental Protection Web site at www.nj.gov/dep.

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