EPA v. Cross Nicastro - Lieze Associates (Eagle Recycling of New Jersey) et al.

Case summary

The Frankfort Asbestos Site consisted of 1.75 acres of a 192-acre former dairy farm and included a pile of pulverized construction and demolition debris with an estimated volume of 10,000-16,000 cubic yards that contained asbestos-containing material (ACM), lead, and semi-volatile organic compounds. The material in the pile was illegally disposed of at the Site in 2006. In 2007, EPA took an interim action to stabilize the Site that included a non-permanent cap of the illegally disposed material. Thereafter, after criminal convictions of six persons, including the Defendant, and unsuccessful efforts to get all the PRPs at the Site to perform a more permanent action, in November of 2013, EPA conducted a removal action at the Site to address the deteriorating condition of the temporary cap. On July 7, 2017, the Department of Justice filed on behalf of EPA a complaint in the Northern District of New York pursuant to Section 107(a) of CERCLA for the recovery of response costs. Supplemental referral sent to DOJ on April 1, 2013. The consent decree, entered on January 3, 2018, requires the Defendant to reimburse the United States $250,000 for past response costs incurred by EPA. EPA is continuing its cost recovery efforts against certain remaining responsible parties at the site. The consent decree, entered on July 22, 2021, requires the Defendant to pay the United States $135,000 of which $105,000 is for past response costs incurred by EPA at the site and $30,000 is for penalties. The Defendant was convicted of criminal offenses in a parallel criminal filing related to this Site, and has paid approximately $35,509 in restitution to EPA in accordance with its sentencing in that case. The $135,000 payment required by this civil consent decree is in addition to that amount. EPA is continuing its cost recovery efforts against certain remaining responsible parties at the site.

Defendants (12)

• Julius DeSimone
• Donald Torriero
• Eagle Recycling of New Jersey, Inc.
• Cross NiCastroNamed in complaintNamed in settlement
• City Recycling Corp.
• South Plainfield Transfer & Recycling, Inc
• Crown Container Transfer Station Co.
• Mazza & Sons, Inc.Named in settlement
• JAD, Inc.
• JBN Consulting, LLC
• Luther's Excavating
• Tannery Road Enterprises, LLC

Facilities (1)

• FRANKFORT ASBESTOS

  3720 SOUTHSIDE ROAD, FRANKFORT, NY, 13340

  Registry ID: 110030826934

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• Mazza & Sons, Inc.entered 2018-01-03

  Primary law: CERCLA

• Cross Nicastroentered 2021-07-22

  Primary law: CERCLA

  Federal penalty: $30,000

Timeline (6 milestones)

• 2012-09-28Referred To Dept Of Justice
• 2012-10-03Enforcement Action Data Entered
• 2013-04-01Supplemental Referral-Other
• 2017-07-07Complaint Filed With Court
• 2021-03-29Final Order Lodged
• 2021-07-22Final Order Entered