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illegal dumping

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

On December 15,  Suffolk County District Attorney Raymond A. Tierney announced his “Evergreen Initiative” – a combined legislative and law enforcement agenda that aims to halt devastating pollution and dumping at the county’s parks, beaches, and forests.

Joined by County Executive-Elect Ed Romaine, Suffolk County Sheriff Errol D. Toulon, Jr., Crime Stoppers President Patrick Fazio, Brookhaven Supervisor-Elect Dan Panico, and Winter Brothers owner Jim Winters, as well as leadership from the State Department of Environmental Conservation, the Pine Barrens Commission, the State Police, the Suffolk Park Rangers, District Attorney Tierney outlined a multi-point plan to turn the tide on environmental assault.

The Evergreen Initiative will:

1. Raise and sustain awareness of rewards available to citizens who report dumping and pollution under current Suffolk County Law, as well as posting reward signage;

2. Encourage more reporting of environmental crimes by increasing the rewards for tips to 33% of the fines collected by the District Attorney through the criminal justice process;

3. Increase the fine schedule for dumping/polluting on county land to $15,000 for individuals, with corporate fines reaching $25,000;

4. Encourage municipalities to mirror the county fine schedule, so that town and village parks are equally protected;

5. Invest an additional $10,000 into environmentally-friendly covert surveillance equipment and deploy the trip-alert system throughout county parklands;

6. Coordinate with Crime Stoppers and the Suffolk County Parks Watch reporting systems to facilitate easier reporting;

7. Seize and impound all vehicles that are utilized to dump or otherwise pollute public lands;

8. Ensure that fines and clean-up money are used locally in Suffolk County;

9. Putting offenders to work cleaning Suffolk parks and beaches as part of their sentences; and

10. Seek maximum financial penalties on all environmental cases. The combination of increasing fine schedules and reward percentage will mean that a Good Samaritan report of dumping can receive up to $8,250 from fines and up to $5,000 from Crime Stoppers.

District Attorney Tierney also emphasized that the statute of limitations on certain dumping crimes can reach back to 2018 and reports leading to convictions are always welcome and will be rewarded in accordance with the law. As part of the Evergeen Initiative, the increased rewards for reporting dumping and pollution will be posted on the public entrance of every county park.

“I am confident that these measures will make an impact,” said District Attorney Tierney. “Our office will continue to seek maximum financial penalties, which will translate to higher rewards for those who report polluters. All local municipal leaders are encouraged to adopt similar local legislation at the town and village level so that our incentives do not redirect the illegal dumping to your parks. We all must work together so that Suffolk’s natural beauty is universally protected.”

“Over the past year, Brookhaven has conducted more than 750 roadside cleanups and 32 other cleanups requiring heavy equipment for illegal dumping, which has included everything from residential waste to boats, campers and even floating docks. The new Evergreen Initiative will be an important tool in curbing illegal dumping and protecting our environment,” said County Executive-Elect Ed Romaine. “I want to thank District Attorney Tierney for his leadership on this issue to protect our open space, our groundwater and our residents from the impacts of illegal dumping.”

“The Suffolk County Sheriff’s Office has been involved in the patrol of the Central Pine Barrens region for the past three decades and we have seen numerous cases of illegal dumping. We’ve discovered garbage of all sorts, from paperwork and yard debris to larger items like furniture, mattresses and even boats,” said Suffolk County Sheriff Errol D. Toulon, Jr.

“Illegal dumping is lazy, illegal and harmful to our environment and our island’s resources. Make no mistake, if you are dumping illegally in Suffolk County, especially in our pine barrens, we will find you and you will be held accountable.”

“D.A. Tierney’s Evergreen Initiative, supported by County Executive-elect Romaine, Sheriff Toulon, and other elected officials, provides a new dimension of deterrent to tackling illegal dumping in Suffolk County Parklands and the Pine Barrens Region,” said Chief of the Suffolk County Parks Rangers Steve Laton. “Suffolk County Park Rangers remain committed to working with our law enforcement partners to thwart illegal dumping in Suffolk County.”

“As the owner of Long Island’s largest solid waste management and recycling firm, I would like to applaud District Attorney Ray Tierney for leading the fight against illegal dumping,” said Jimmy Winters, Owner of Winter Bros. “The actions announced by him today will help disincentivize the dumping of harmful materials in our ecosystem and hold criminal actors accountable.”

“Crime Stoppers takes all criminal activity seriously, particularly crimes against our environment,” said Crime Stoppers President Patrick Fazio. “Suffolk County residents can contact Crime Stoppers at 1-800-220-TIPS to report dumping or other pollution and receive up to $5,000 for their tips.”

“Illegal dumping is selfish and irresponsible and has a negative impact on our environment and our communities,” said New York State Police – Troop “L” Long Island – Troop Commander Major Stephen J. Udice. “The New York State Police will continue to work with our law enforcement and prosecutor partners to hold those accountable that choose to irresponsibly and illegally engage in the act of illegal dumping.” I

n addition to increasing fines, rewards, and signage, District Attorney Tierney’s Evergreen Initiative will allocate more than $10,000 worth of additional environmentally friendly covert surveillance equipment, such as cameras, drones, and license plate readers, to undisclosed park lands to catch those who pollute in the act.

Another component of District Attorney Tierney’s Evergreen Initiative will partner his office’s Biological, Environmental, and Animal Safety Team (BEAST) Unit and Asset Forfeiture Bureau with local police departments to penalize those who are caught in the commission of an environmental crime by having their vehicles impounded and held until all fines are paid off – including the cost of clean-up. The fines collected will be kept locally and used to cover all costs of prosecution. In addition, offenders will be put to work cleaning Suffolk County beaches and trails, planting trees, sorting recycling, and contributing efforts to the county’s environmental organizations.

Through the Evergreen Initiative, an economy will be created that works for Suffolk County’s local ecosystem. 5 To report pollution, individuals may use any of the following (in an emergency or to report a crime in progress always dial 911)

 Suffolk County Parks Watch: [email protected] or 631-854-1423

 The Suffolk County Pine Barrens Complaint Line 877-BARRENS

 Crime Stoppers: 1-800-220-TIPS or www.p3tips.com or download app at P3Tips

 Suffolk County DA: suffolkcountyny.gov/da/contact-us (Report Pollution tab)

The District Attorney will track all reports that lead to convictions so that appropriate rewards are paid.

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Suffolk County District Attorney Tim Sini announces charges related to illegal dumping scheme. Photo from DA's office

Long Island homeowners who thought they were getting free, clean fill for their properties off Craigslist may have learned if the offer seems too good to be true, that’s because it was.

Suffolk County District Attorney Tim Sini (D) announced a 130-charge indictment Nov. 26 against 22 individuals and nine corporations who allegedly cooperated in a massive conspiracy to illegally dispose of solid waste in 24 locations spanning Suffolk and Nassau counties.

“What we’re dealing with here is an epidemic of illegal dumping in Suffolk County,” Sini said. “It’s gone on far too long, and our message is very clear: We will not tolerate this criminal conduct in our county. We will do whatever it takes to uncover illegal dumping.”

Smithtown resident Anthony Grazio acted as “dirt broker” in the island-wide dumping scheme. Photo from DA’s office

The conspiracy was allegedly led by Smithtown resident Anthony Grazio, 53, also known as “Rock,” who acted as a dirt broker by arranging for locations where trucking companies could illegally dispose of their solid waste and construction debris, according to Suffolk prosecutors.

An investigation dubbed Operation Pay Dirt, which involved the district attorney’s office, New York State Department of Environmental Conservation and Suffolk County Police Department, launched in February 2018 revealed Grazio was allegedly posting ads on Craigslist and other websites offering “free, clean fill — free delivery,” in addition to stating it was “certified and approved for residential and commercial use.” Grazio allegedly worked with Vito Fragola, 44, of Commack, to also post a sign on a tree outside a home on Wilson Boulevard in Central Islip to advertise “free clean fill,” in February 2018, according to court documents.

When a Long Island homeowner or business expressed interest in fill for landscaping projects, Grazio and owners or operators of nine different trucking companies would discuss the potential of the site and the amount of material that could be dumped there from New York City construction and demolition sites, according to the district attorney.

“The bigger the property, the better for the defendants as this scam was all about making money,” Sini said. “When an ideal property was found, Grazio could often be heard directing his co-conspirators to ‘hit it hard.’ Grazio approved material being dumped at residential locations even when notified that the material smelled like diesel fuel or had pieces of wood, asphalt, concrete, large boulders or even glass contained in the material.”

Investigators claimed after dumping contaminated fill on a property, Grazio and his co-conspirators allegedly went as far as to provide the homeowners with false laboratory reports stating the material was clean or cover it with a layer of topsoil to ensure grass could grow. In other cases, the truck owners and operators were allegedly caught having phone discussions on how to cover up the hazardous materials being moved about to prevent detection of the illegal dumping.

Out of the 24 locations identified to be impacted by the scheme, the district attorney’s office said 19 were residential properties, four commercial and one school in Roslyn Heights.

“They did this to make money, they did this to save on operating costs, and they did it at the expense of the health of our residents,” Sini said.

Testing performed by the DEC found fill at six locations was positive for acutely hazardous substances, mainly pesticides, with 17 sites containing hazardous substances under the state’s Environmental Conservation Law. These hazardous substances included arsenic, lead, copper, nickel, mercury and other metals.

Map of all illegal dumping sites. Photo from DA’s office

“Illegal solid waste dumping poses a serious threat to New York’s environment and burdens communities across Long Island,” said DEC Commissioner Basil Seggos.

Among North Shore individuals charged alongside Grazio and Fragola for being involved in this alleged scheme were: Alix Aparaicio Gomez, 50, of Huntington; Anthony Grazio Jr., 19, of Smithtown; Michael Heinrichs, 48, of Port Jefferson Station; Robert Hirsch, 43, of Commack; Joseph Lamberta, 68, of Hauppauge; Steven Nunez Genao, 24, of Port Jefferson Station; Milan Parik, 46, of Centereach; James Perruzza, 18, of Northport; Frank Rotondo Jr., 47, of Miller Place; Thomas St. Clair, 51, of St. James; and Robert Walter, 31, of Nesconset.

The top count on the indictment is second-degree criminal mischief, which is a Class D felony, and, if found guilty, carries a maximum sentence of up to seven years in prison.

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Some debris dumped at the Town of Brookhaven’s Tanglewood Park in Coram. Photo from Legislator Anker’s office

The penalty for illegally dumping on county-owned properties may soon include jail time in Suffolk County, after legislators unanimously approved on March 28 both increased fines and the potential of up to one year’s imprisonment for anyone convicted. The bill, sponsored by Legislators Sarah Anker (D-Mount Sinai), Kara Hahn (D-Setauket), Tom Muratore (R-Ronkonkoma), Rob Trotta (R-Fort Salonga) and Kate Browning (WF-Shirley), now goes to Suffolk County Executive Steve Bellone (D) for his signature within the next 30 days. 

A no dumping sign along North Country Road in Shoreham. File photo

Once implemented, maximum fines for illegal dumping of nonconstruction, demolition and hazardous material wastes by a business or corporation will increase to $15,000 from the previous fine of $5,000. The penalty for dumping nonconstruction materials by an individual will remain at $1,000. If an individual is found dumping construction or demolition material, the misdemeanor fine will increase to $10,000 for an individual and $15,000 for a corporation or business. Under the change, both an individual and someone convicted of dumping material on behalf of a commercial entity may be sentenced up to one year in jail. Imposition of the ultimate fine or criminal sentence is within the sentencing court’s discretion.

“For far too long, fines associated with illegal dumping were considered just the cost of doing business,” said Hahn, chairwoman both of the Legislature’s Parks & Recreation and Environment, Planning and Agriculture Committees. “For those who choose to pursue greed over the health of the public and our environment, your cost of business has just gotten a lot more expensive. The one-two combination of increased monetary penalties and potential jail time will hopefully give pause to any person or commercial entity that believes these significant fines and the potential loss of freedom is a cost effective business strategy.”

Illegal dumping on Long Island has emerged as a serious environmental issue and threat to public health following the discoveries of potentially toxic debris within the Town of Islip’s Roberto Clemente Park, Suffolk County’s West Hills County Park and a housing development for military veterans in Islandia. In February, New York State’s Department of Environmental Conservation issued approximately 200 tickets for unlawful disposal, operating without a permit and other violations during stings conducted on Long Island and the Hudson Valley that also identified nine dumping sites upstate. 

“Illegal dumping of hazardous materials and construction waste on county property causes harmful chemicals to seep into our water.”

—Sarah Anker

“For decades, Suffolk County has worked tirelessly to preserve land in order to protect our environment and groundwater,” Anker said. “Illegal dumping of hazardous materials and construction waste on county property causes harmful chemicals to seep into our water, which negatively affects our health. It is important we do everything in our power to continue to protect our parklands and to ensure that illegal dumping does not occur. By doing so, we are not only preserving the environmental integrity of Suffolk County, but improving the quality of life for all residents.”

Trotta called the dumping a crime against the residents of Suffolk County.

“I want to make it unprofitable for contractors to dump this material,” he said, “and more importantly, I want them going to jail for this.”

Browning added that the parks are vital assets for Suffolk County residents, and one of the core recreational resources available to them. She doesn’t like seeing the destruction of quality of life. Legislature Presiding Officer DuWayne Gregory (D-Amityville) agrees, saying it’s an important step to protecting parks, while giving teeth to all legislation recently passed on this quality of life issue.

“I applaud legislator Hahn for her hard work toward preventing this serious problem,” Browning said. “Aggressively attacking illegal dumping head on will ensure the sustainability of our parks and preserve one of the many reasons Suffolk County continues to be a great place to live.”

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