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| For
Immediate Release: |
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For
Further Information Contact: |
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| December
2, 2004 |
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Office of The
Attorney General
- Peter C. Harvey, Attorney
General
Division
of Criminal Justice
- Vaughn L. McKoy, Director
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John
R. Hagerty
609-984-1936
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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
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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.
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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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