NJ Solid Waste facility pleads guilty to illegal dumping in Frankfort, NY

UTICA, N.Y. - The U.S. Justice Department and Natural Resources Division has announced that Lieze Associates, which does business as Eagle Recycling, based in New Jersey, pleaded guilty in federal court in Utica to conspiring to violate the Clean Water Act and to defraud the United States.

According to the Department of justice, Eagle Recycling pleaded guilty before U.S. District Judge Hurd to one criminal felony count for conspiring to violate the Clean Water Act's prohibition on filling wetlands and committing wire fraud to conduct that filling.

According to the charges, Eagle Recycling and other co-conspirators, engaged in a multi-year scheme to illegally dump 8,100 tons of pulverized construction and demolition debris that was processed at Eagle Recycling's North Bergen, New Jersey solid waste management facility and then transported it to a farmer's property in Frankfort, N.Y.

Eagle Recycling and other conspirators concealed the illegal dumping by fabricating a New York State Department of Environmental Conservation (DEC) permit and forged the name of a DEC official on the fraudulent permit, according to court documents. Eagle Recycling admitted in the plea agreement that once DEC and the U.S. Environmental Protection Agency (EPA) learned of the destruction including but no limited to destroying documents during the execution of a federal search warrant, secreting documents responsive to Grand Jury subpoenas, falsifying certifications submitted to the Grand Jury, and falsifying and submitting environmental sampling to the EPA.

As part of the plea agreement, Eagle Recycling has agreed to pay a criminal fine of $500,000 to implement an environmental compliance plan at its North Bergen, N.J. Facility and to pay restitution which potentially includes cleanup costs at the Frankfort, N.Y. Site.

Sentencing is scheduled for September 9, 2011.

"This case is another example of our continued efforts to aggressively prosecute those who illegally pollute the environment. The joint efforts of the state and federal investigation team that brought this case to a successful conclusion are to be commended."

"this investigation underscores the extent that environmental polluters will go to avoid New York and Federal environmental laws," said New York State Department of Environmental Conservation Commissioner Joe Martens. "This long term investigation, first stated in 2006, highlights the complexity of the crime and propensity of the criminal actors to cross State lines to help cover their actions. It was only through the cooperative investigation by the New York State Environmental Conservation Police, Bureau of Environmental Crimes, EPA, U.S. Attorney's Office and the New Jersey State Police that this criminal enterprise was uncovered and further environmental damage avoided."

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