New York C&D Recycler Enters Into Plea Agreement

NYDEC orders facility to stop handling construction debris and other materials it labels as solid wastes.

July 5, 2012
CDR Staff
Legislation & Regulations

The Bronx County Recycling LLC and its principal Salvatore Cascino, have entered into an Administrative Order that prohibits the company from handling construction and demolition debris and related solid wastes in New York State, the NYS Department of Environmental Conservation (DEC) announced. The order is part of a plea agreement under which Cascino pleaded guilty to Offering a False Instrument in the Second Degree, a class E felony.

Additionally, the defendant paid a $20,000 fine. The order resolved outstanding civil violations at the facility from 2008 and assessed an additional $5,000 penalty paid at the time of the plea, according to the DEC.

In a statement, DEC Commissioner Joe Martens said, "The improper and unauthorized disposal of construction and demolition materials can negatively affect the environment. We monitor what goes into the waste stream to help ensure that solid waste is disposed of properly. By not reporting unauthorized waste received by Bronx County Recycling, Sal Cascino blatantly disregarded the laws that protect the environment."

The investigation into Cascino's actions was conducted by DEC's Bureau of Environmental Crimes Investigation (BECI). This criminal case was handled by New York State Attorney General Eric Schneiderman's office.

"Falsely reporting information which tracks illegal solid waste is not only illegal but attempts to challenge the state's ability to protect citizens and the environment of the state of New York. It is the height of professional and personal irresponsibility," said Schneiderman. "My office will vigorously enforce the Environmental Conservation Laws to protect the health and safety of the people of the state of New York."

In 2009, Bronx County Recycling LLC was a registered construction and debris processing facility in the Bronx. A registered C&D debris processing facility is permitted to accept only uncontaminated rock, asphalt, dirt and concrete and reprocess it for limited designated and permitted uses. Any other waste is designated as unauthorized solid waste.

Under regulations administered by DEC, all registered construction facilities must submit yearly annual reports which identify the amount of unauthorized waste the facility receives and where it is disposed. In 2009, Cascino failed to report the receipt of large amounts of unauthorized waste, some of which he disposed of at a site in Claremont, Columbia County. The waste included wood, glass and plastics.