Summary of Criminal Prosecutions
FISCAL YEAR: 2010
1. PRINCIPAL DEFENDANT: John Signore
W.D. New York 09-CR-339-S
W.D. New York 09-CR-339-S
2. DEFENDANT: Louie Zaninovich
W.D. New York 1:10mj2016
W.D. New York 1:10mj2016
3. DEFENDANT: Tulip Corporation
W.D. New York 1:09CR406
W.D. New York 1:09CR406
John Signore, a plant manager at the Tulip Corporation, which reprocessed and recycled shredded battery cases (known as “chips”), a hazardous waste, into a useable material., was sentenced on February 17, 2010, to serve two years’ probation, pay a $3,000 fine and complete 40 hours of community service. Tulip purchased the chips from various suppliers and they were delivered to the plant in tractor trailers. Each load contained approximately 40,000 pounds of chips, a significant proportion of which were contaminated with lead.
From approximately October 2004 through July 2007, at Signore’s direction, the chips were occasionally stored outside the facility, with the amount steadily increasing as processing equipment broke down and the surplus of chips increased. In July 2007, state hazardous waste inspectors observed approximately 80,000 pounds of chips being stored without a permit. Samples of chips analyzed for lead confirmed that they were hazardous waste. Tulip Corporation, a Niagara Falls plastics recycling corporation, and Louie Zaninovich, Tulip’s Plant Supervisor, were sentenced on May 11, 2010 in U.S. District Court for the Western District of New York. Tulip Corporation was sentenced to three years probation and a $100,000 fine for the storage of hazardous materials without a permit. Zaninovich was fined $2,500 for the negligent discharge of a pollutant to the Niagara Falls Water Board’s Publicly Owned Treatment Works (POTW), in violation of the Clean Water Act. A product line at Tulip involved re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchased the chips from various suppliers, and then re-processed the chips by washing, drying, and extruding them. Some of the chips processed and recycled were contaminated with lead, and therefore hazardous materials. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of those chips were taken by the DEC and determined to contain lead levels above the regulatory threshold. During the chip re-processing at Tulip, a significant amount of water was used to wash the lead off of the chips. Between May of 2006, and November of 2007, the lead-contaminated water was captured in a large holding tank. During that time, the lead-contaminated water was piped directly from the large holding tank to the sewer leading to the Niagara Falls POTW. This discharge was unknown to the Niagara Falls POTW, and was in violation of their pretreatment program.
From approximately October 2004 through July 2007, at Signore’s direction, the chips were occasionally stored outside the facility, with the amount steadily increasing as processing equipment broke down and the surplus of chips increased. In July 2007, state hazardous waste inspectors observed approximately 80,000 pounds of chips being stored without a permit. Samples of chips analyzed for lead confirmed that they were hazardous waste. Tulip Corporation, a Niagara Falls plastics recycling corporation, and Louie Zaninovich, Tulip’s Plant Supervisor, were sentenced on May 11, 2010 in U.S. District Court for the Western District of New York. Tulip Corporation was sentenced to three years probation and a $100,000 fine for the storage of hazardous materials without a permit. Zaninovich was fined $2,500 for the negligent discharge of a pollutant to the Niagara Falls Water Board’s Publicly Owned Treatment Works (POTW), in violation of the Clean Water Act. A product line at Tulip involved re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchased the chips from various suppliers, and then re-processed the chips by washing, drying, and extruding them. Some of the chips processed and recycled were contaminated with lead, and therefore hazardous materials. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of those chips were taken by the DEC and determined to contain lead levels above the regulatory threshold. During the chip re-processing at Tulip, a significant amount of water was used to wash the lead off of the chips. Between May of 2006, and November of 2007, the lead-contaminated water was captured in a large holding tank. During that time, the lead-contaminated water was piped directly from the large holding tank to the sewer leading to the Niagara Falls POTW. This discharge was unknown to the Niagara Falls POTW, and was in violation of their pretreatment program.
October 23, 2009
Signore was charged in an Information with one count of violating RCRA {42 U.S.C. 6928(d)(2)(A) - knowingly violates}.
He pled guilty to the charge.
CITATION: 42 U.S.C. 6928(d)(2)(A)
February 3, 2010
Tulip Corporation was charged with one count of violating RCRA.
They pled guilty to the charge.
Western District of New York
Press Release
FOR IMMEDIATE RELEASE
February 3, 2010 CORPORATION PLEADS GUILTY TO STORING HAZARDOUS WASTE WITHOUT A PERMIT BUFFALO, N.Y.–Tulip Corporation, of Niagara Falls , New York , pleaded guilty before U.S. District Chief Judge William M. Skretny, to a felony charge of knowingly storing hazardous waste without a permit, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced today. A corporation charged with storing hazardous waste carries a maximum penalty of a fine of up to $50,000 per day of violation, a term of probation of 5 years, or both. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is a California corporation, with a place of business at 3125 Highland Avenue, Niagara Falls, which is a plastics recycling company. One of the product lines at Tulip involves the re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchases the chips from various suppliers, and then re-processes the chips by washing, drying, and extruding the chips. Some of the chips processed and recycled by Tulip are contaminated with lead, and therefore were hazardous materials. The chips are delivered to Tulip by tractor-trailer, with each load containing approximately 40,000 lbs of chips. From October 14, 2004, to July 11, 2007, chips contaminated with lead were occasionally stored outside at Tulip. The storage of the chips outside occurred due to breakdowns in the chip re-processing equipment and a surplus of chips arriving at Tulip. The chips were stored outside at the direction of the defendant. The storage of chips outside at Tulip increased in frequency beginning in or about January of 2007, and leading up to July 11, 2007. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of the chips were taken by DEC and Tulip, which were analyzed for lead content. All of the samples were above the regulatory threshold for lead, and were therefore hazardous. The plea was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Sentencing will be scheduled at a later date in front of U.S. District Chief Judge William M. Skretny.
Western District of New York
Press Release
FOR IMMEDIATE RELEASE
February 3, 2010 CORPORATION PLEADS GUILTY TO STORING HAZARDOUS WASTE WITHOUT A PERMIT BUFFALO, N.Y.–Tulip Corporation, of Niagara Falls , New York , pleaded guilty before U.S. District Chief Judge William M. Skretny, to a felony charge of knowingly storing hazardous waste without a permit, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced today. A corporation charged with storing hazardous waste carries a maximum penalty of a fine of up to $50,000 per day of violation, a term of probation of 5 years, or both. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is a California corporation, with a place of business at 3125 Highland Avenue, Niagara Falls, which is a plastics recycling company. One of the product lines at Tulip involves the re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchases the chips from various suppliers, and then re-processes the chips by washing, drying, and extruding the chips. Some of the chips processed and recycled by Tulip are contaminated with lead, and therefore were hazardous materials. The chips are delivered to Tulip by tractor-trailer, with each load containing approximately 40,000 lbs of chips. From October 14, 2004, to July 11, 2007, chips contaminated with lead were occasionally stored outside at Tulip. The storage of the chips outside occurred due to breakdowns in the chip re-processing equipment and a surplus of chips arriving at Tulip. The chips were stored outside at the direction of the defendant. The storage of chips outside at Tulip increased in frequency beginning in or about January of 2007, and leading up to July 11, 2007. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of the chips were taken by DEC and Tulip, which were analyzed for lead content. All of the samples were above the regulatory threshold for lead, and were therefore hazardous. The plea was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Sentencing will be scheduled at a later date in front of U.S. District Chief Judge William M. Skretny.
February 9, 2010
Zaninovich was charged with one count of violating the CWA {33 U.S.C. 1319(c)(1)(A) - negligent violation}.
He pled guilty to the charge.
Western District of New York
Press Release
FOR IMMEDIATE RELEASE
February 9, 2010 MAN PLEADS GUILTY TO DISCHARGING POLLUTANT TO PUBLIC TREATMENT WORKS BUFFALO, N.Y.– Louie Zaninovich, 54, of Niagara Falls , New York , pleaded guilty before U.S. District Magistrate Judge Hugh B. Scott, to a misdemeanor charge of negligently discharging a pollutant to the Niagara Falls Water Board’s publicly owned treatment works (POTW) in violation of the Clean Water Act, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced today. The negligent discharge of a pollutant carries a maximum penalty of term of 1 year in prison, a fine of $25,000 per day of violation, and a term of supervised release of up to 1 year. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is the Plant Superintendent at the Tulip Corporation in Niagara Falls, New York. Tulip is a plastics recycling and molding operation, which recycles shredded battery casings, commonly referred to as “chips.” Tulip purchases the chips from various suppliers, and then re-processes the chips by washing, drying, and re-extruding the chips into usable material. Some of the chips processed and recycled by Tulip were contaminated with lead, and therefore are hazardous materials. During the chip re-processing at Tulip, a significant amount of water is used to wash the lead off of the chips. From at least May 24, 2006, to November 8, 2007, the lead-contaminated water would then be captured in a large holding tank. During that time, the lead-contaminated water was piped directly from the large holding tank to the sewer leading to the Niagara Falls POTW. In the defendant’s capacity as Plant Superintendent, the defendant should have been aware of the lead-contaminated water being discharged to the Niagara Falls POTW and acted negligently in allowing lead-contaminated water to be discharged to the POTW. This discharge was unknown to the Niagara Falls POTW, and was in violation of their pretreatment program. The plea was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Sentencing will be scheduled for May 5, 2010, at 11 a.m., in front of U.S. District Magistrate Judge Hugh B. Scott.
CITATION: 33 U.S.C. 1319(c)(1)(A)
Western District of New York
Press Release
FOR IMMEDIATE RELEASE
February 9, 2010 MAN PLEADS GUILTY TO DISCHARGING POLLUTANT TO PUBLIC TREATMENT WORKS BUFFALO, N.Y.– Louie Zaninovich, 54, of Niagara Falls , New York , pleaded guilty before U.S. District Magistrate Judge Hugh B. Scott, to a misdemeanor charge of negligently discharging a pollutant to the Niagara Falls Water Board’s publicly owned treatment works (POTW) in violation of the Clean Water Act, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced today. The negligent discharge of a pollutant carries a maximum penalty of term of 1 year in prison, a fine of $25,000 per day of violation, and a term of supervised release of up to 1 year. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is the Plant Superintendent at the Tulip Corporation in Niagara Falls, New York. Tulip is a plastics recycling and molding operation, which recycles shredded battery casings, commonly referred to as “chips.” Tulip purchases the chips from various suppliers, and then re-processes the chips by washing, drying, and re-extruding the chips into usable material. Some of the chips processed and recycled by Tulip were contaminated with lead, and therefore are hazardous materials. During the chip re-processing at Tulip, a significant amount of water is used to wash the lead off of the chips. From at least May 24, 2006, to November 8, 2007, the lead-contaminated water would then be captured in a large holding tank. During that time, the lead-contaminated water was piped directly from the large holding tank to the sewer leading to the Niagara Falls POTW. In the defendant’s capacity as Plant Superintendent, the defendant should have been aware of the lead-contaminated water being discharged to the Niagara Falls POTW and acted negligently in allowing lead-contaminated water to be discharged to the POTW. This discharge was unknown to the Niagara Falls POTW, and was in violation of their pretreatment program. The plea was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Sentencing will be scheduled for May 5, 2010, at 11 a.m., in front of U.S. District Magistrate Judge Hugh B. Scott.
February 17, 2010
Signore was sentenced to 24 months probation and ordered to pay a federal fine in the amount of $3,000.
Western District of New York
FOR IMMEDIATE RELEASE
February 17, 2010 MAN SENTENCED ON STORING HAZARDOUS WASTE WITHOUT A PERMIT CASE BUFFALO, N.Y.--John Signore, 51, of Niagara Falls, NY, who was convicted of storing hazardous waste without a permit, was sentenced to 2 years probation, $3000 fine and 40 hours of community service by U.S. District Chief Judge William M. Skretny, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced today. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is the Plant Manger of the Tulip Corporation a business located at 3125 Highland Avenue, Niagara Falls, which is a plastics recycling company. One of the product lines at Tulip involves the re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchases the chips from various suppliers, and then re-processes the chips by washing, drying, and extruding the chips. Some of the chips processed and recycled by Tulip are contaminated with lead, and therefore were hazardous materials. The chips are delivered to Tulip by tractor-trailer, with each load containing approximately 40,000 lbs of chips. From on or about October 14, 2004, to on or about July 11, 2007, chips contaminated with lead were occasionally stored outside at Tulip. The storage of the chips outside occurred due to breakdowns in the chip re-processing equipment and a surplus of chips arriving at Tulip. The chips were stored outside at the direction of the defendant. The storage of chips outside at Tulip increased in frequency beginning in or about January of 2007, and leading up to July 11, 2007. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of the chips were taken by DEC and Tulip, which were analyzed for lead content. All of the samples were above the regulatory threshold for lead, and were therefore hazardous. The conviction was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division, under the direction of William V. Lometti, Special Agent-In-Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Mr. Signore deliberately concealed the fact that he illegally stored hazardous waste containing toxic metals," said William V. Lometti, Special Agent in Charge of EPA's New York Area Office of Criminal Enforcement. "Today's sentence demonstrates our commitment to vigorously prosecute those who intentionally violate environmental laws and put the public at potential risk.”
Western District of New York
FOR IMMEDIATE RELEASE
February 17, 2010 MAN SENTENCED ON STORING HAZARDOUS WASTE WITHOUT A PERMIT CASE BUFFALO, N.Y.--John Signore, 51, of Niagara Falls, NY, who was convicted of storing hazardous waste without a permit, was sentenced to 2 years probation, $3000 fine and 40 hours of community service by U.S. District Chief Judge William M. Skretny, U.S. Attorney Kathleen M. Mehltretter of the Western District of New York announced today. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is the Plant Manger of the Tulip Corporation a business located at 3125 Highland Avenue, Niagara Falls, which is a plastics recycling company. One of the product lines at Tulip involves the re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchases the chips from various suppliers, and then re-processes the chips by washing, drying, and extruding the chips. Some of the chips processed and recycled by Tulip are contaminated with lead, and therefore were hazardous materials. The chips are delivered to Tulip by tractor-trailer, with each load containing approximately 40,000 lbs of chips. From on or about October 14, 2004, to on or about July 11, 2007, chips contaminated with lead were occasionally stored outside at Tulip. The storage of the chips outside occurred due to breakdowns in the chip re-processing equipment and a surplus of chips arriving at Tulip. The chips were stored outside at the direction of the defendant. The storage of chips outside at Tulip increased in frequency beginning in or about January of 2007, and leading up to July 11, 2007. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of the chips were taken by DEC and Tulip, which were analyzed for lead content. All of the samples were above the regulatory threshold for lead, and were therefore hazardous. The conviction was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division, under the direction of William V. Lometti, Special Agent-In-Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Mr. Signore deliberately concealed the fact that he illegally stored hazardous waste containing toxic metals," said William V. Lometti, Special Agent in Charge of EPA's New York Area Office of Criminal Enforcement. "Today's sentence demonstrates our commitment to vigorously prosecute those who intentionally violate environmental laws and put the public at potential risk.”
May 11, 2010
Zaninovich was sentenced to pay a $2,500 federal fine.
Western District of New York
IMMEDIATE RELEASE
MAY 11, 2010 PLANT SUPERINTENDENT SENTENCED ON DISCHARGING POLLUTANT TO PUBLIC TREATMENT WORKS CASE BUFFALO, N.Y.– United States Attorney William J. Hochul, Jr. announced the sentencing of Louie Zaninovich, 54, of Niagara Falls , New York , who was convicted of a misdemeanor charge of negligently discharging a pollutant to the Niagara Falls Water Board’s Publicly Owned Treatment Works (POTW) in violation of the Clean Water Act. Zaninovich was sentenced to a fine of $2,500 by U.S. District Magistrate Judge Hugh B. Scott. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant was the Plant Superintendent at the Tulip Corporation in Niagara Falls, New York. One of the product lines at Tulip involved re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchased the chips from various suppliers, and then reprocessed the chips, at its Niagara Falls place of business, by washing, drying, and extruding them. During the chip re-processing at Tulip, a significant amount of water was used to wash the lead off of the chips. Between May of 2006, and November of 2007, the lead-contaminated water was captured in a large holding tank. During that time, the lead-contaminated water was piped directly from the large holding tank to the sewer leading to the Niagara Falls POTW. As Plant Superintendent, the defendant should have been aware of the lead-contaminated water being discharged to the Niagara Falls POTW and acted negligently in allowing lead-contaminated water to be discharged to the POTW. This discharge was unknown to the Niagara Falls POTW, and was in violation of their pretreatment program. The conviction was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett.
Tulip Corporation was sentenced to 36 months probation and ordered to pay a $100,000 federal fine.
Western District of New York
IMMEDIATE RELEASE
MAY 11, 2010 CORPORATION SENTENCED ON STORING HAZARDOUS WASTE WITHOUT A PERMIT CHARGE BUFFALO, N.Y.– United States Attorney William J. Hochul, Jr. announced the that Tulip Corporation, of Niagara Falls, New York, which was convicted of storing hazardous waste without a permit, was sentenced to 3 years probation and a $100,000 fine by U.S. District Chief Judge William M. Skretny. In addition to the criminal fine, and outside the context of the criminal case, the defendant also made a $25,000 contribution to Buffalo Niagara Riverkeeper. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is a California corporation is a plastics recycling, with a place of business at 3125 Highland Avenue, Niagara Falls. One of the product lines at Tulip involved re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchased the chips from various suppliers, and then re-processed the chips, at its Niagara Falls place of business, by washing, drying, and extruding them. Some of the chips processed and recycled by Tulip were contaminated with lead, and therefore were hazardous materials. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of those chips were taken by the DEC and determined to contain lead levels that were above the regulatory threshold. “The Tulip Corporation endangered the environment by disregarding the law when it wrongly accumulated and stored the hazardous waste in this case,” said United States Attorney Hochul. “Corporations which place their own profit before the law will be brought to justice.” “By illegally storing hazardous wastes, the Tulip Corporation put the public at potential risk,” said William V. Lometti, Special Agent in Charge of EPA's New York Area Office of Criminal Enforcement. “Today's sentence should send a strong message that we will vigorously prosecute those who intentionally violate environmental laws and disregard the public's well-being.” The conviction was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William V. Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett.
Western District of New York
IMMEDIATE RELEASE
MAY 11, 2010 PLANT SUPERINTENDENT SENTENCED ON DISCHARGING POLLUTANT TO PUBLIC TREATMENT WORKS CASE BUFFALO, N.Y.– United States Attorney William J. Hochul, Jr. announced the sentencing of Louie Zaninovich, 54, of Niagara Falls , New York , who was convicted of a misdemeanor charge of negligently discharging a pollutant to the Niagara Falls Water Board’s Publicly Owned Treatment Works (POTW) in violation of the Clean Water Act. Zaninovich was sentenced to a fine of $2,500 by U.S. District Magistrate Judge Hugh B. Scott. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant was the Plant Superintendent at the Tulip Corporation in Niagara Falls, New York. One of the product lines at Tulip involved re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchased the chips from various suppliers, and then reprocessed the chips, at its Niagara Falls place of business, by washing, drying, and extruding them. During the chip re-processing at Tulip, a significant amount of water was used to wash the lead off of the chips. Between May of 2006, and November of 2007, the lead-contaminated water was captured in a large holding tank. During that time, the lead-contaminated water was piped directly from the large holding tank to the sewer leading to the Niagara Falls POTW. As Plant Superintendent, the defendant should have been aware of the lead-contaminated water being discharged to the Niagara Falls POTW and acted negligently in allowing lead-contaminated water to be discharged to the POTW. This discharge was unknown to the Niagara Falls POTW, and was in violation of their pretreatment program. The conviction was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett.
Tulip Corporation was sentenced to 36 months probation and ordered to pay a $100,000 federal fine.
Western District of New York
IMMEDIATE RELEASE
MAY 11, 2010 CORPORATION SENTENCED ON STORING HAZARDOUS WASTE WITHOUT A PERMIT CHARGE BUFFALO, N.Y.– United States Attorney William J. Hochul, Jr. announced the that Tulip Corporation, of Niagara Falls, New York, which was convicted of storing hazardous waste without a permit, was sentenced to 3 years probation and a $100,000 fine by U.S. District Chief Judge William M. Skretny. In addition to the criminal fine, and outside the context of the criminal case, the defendant also made a $25,000 contribution to Buffalo Niagara Riverkeeper. Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that the defendant is a California corporation is a plastics recycling, with a place of business at 3125 Highland Avenue, Niagara Falls. One of the product lines at Tulip involved re-processing and recycling of shredded battery casings, commonly referred to as “chips,” into a usable material. Tulip purchased the chips from various suppliers, and then re-processed the chips, at its Niagara Falls place of business, by washing, drying, and extruding them. Some of the chips processed and recycled by Tulip were contaminated with lead, and therefore were hazardous materials. On July 11, 2007, the New York State Department of Environmental Conservation conducted an inspection at Tulip and observed approximately 80,000 lbs of chips being stored outside. Samples of those chips were taken by the DEC and determined to contain lead levels that were above the regulatory threshold. “The Tulip Corporation endangered the environment by disregarding the law when it wrongly accumulated and stored the hazardous waste in this case,” said United States Attorney Hochul. “Corporations which place their own profit before the law will be brought to justice.” “By illegally storing hazardous wastes, the Tulip Corporation put the public at potential risk,” said William V. Lometti, Special Agent in Charge of EPA's New York Area Office of Criminal Enforcement. “Today's sentence should send a strong message that we will vigorously prosecute those who intentionally violate environmental laws and disregard the public's well-being.” The conviction was the culmination of an investigation on the part of Special Agents of the United States Environmental Protection Agency, Criminal Investigation Division under the direction of William V. Lometti, Special Agent in Charge and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett.
STATUTE:
- Resource Conservation and Recovery Act (RCRA)