Two men get prison time for massive asbestos-dumping in Herkimer County
Utica, N.Y. — A federal judge sentenced two men to prison today for their roles in a massive illegal asbestos-dumping case in Herkimer County.
U.S. District Judge David Hurd sentenced Dominick Mazza to more than four years in prison and Cross NiCastro to nearly three years behind bars. The judge also ordered Mazza’s company, Mazza & Sons Inc., to pay $492,494 in restitution and a $100,000 fine.
The defendants were part of a conspiracy to dump friable asbestos at a 28-acre site along Southside Road in Frankfort, according to federal prosecutors. Mazza’s company was one of two New Jersey solid waste disposal businesses involved in the conspiracy.
Three months of dumping millions of pounds of friable asbestos in 2006 was enough for the defendants to create their own Superfund site, prosecutors said. The piles were made up of demolished homes and other buildings from New Jersey. They’d been put through an industrial shredding machine without the asbestos being removed, prosecutors said.
Five men have been convicted of conspiring to violate the federal Clean Water Act by dumping 430 tractor-trailer loads of asbestos-contaminated material at the site along the Mohawk River from July to October 2006.
The evidence showed that the illegal dumping was supposed to go on for another five years, when hundreds of millions of pounds of asbestos-contaminated material would likely have piled up, Assistant U.S. Attorney Craig Benedict has said.
NiCastro owned the property and was planning to develop it into commercial riverfront establishments, Benedict has said.