Clapper, Patti, Schweizer and Mason

Eagle Recycling, a recycling company based in New Jersey, has plead guilty to creating a public health hazard by illegally disposing of asbestos-containing materials taken from New York jobsites.  In addition, the company admitted that it attempted to destroy evidence of the illegal activity and hide the truth from investigators after these serious violations were discovered and brought to the attention of the Environmental Protection Agency. 

Asbestos is a highly toxic material found in building materials produced or sold until the 1980’s.  It can cause a wide variety of fatal illnesses, including mesothelioma (an incurable form of cancer which kills 3,000 Americans every year and tens of thousands more worldwide).  Asbestos removal and disposal are highly regulated by both federal and state agencies to ensure the safety of construction workers in addition to the general public.  EPA regulations state that there is no safe level of exposure to asbestos.

In 2006 Eagle Recycling illegally transported and disposed of over 8,000 tons of the hazardous carcinogen into an unauthorized New York landfill.  The Environmental Protection Agency investigated the company’s actions and fined them $500,000 for their transgressions—the second such fine received by the company for violations concerning workplace safety and handling of hazardous chemicals.

The “pulverized construction and demolition debris” that Eagle Recycling dumped undoubtedly released dangerous asbestos fibers into the air, causing a potentially lethal health threat to anyone handling the materials or simply passing through the area.

While many companies have been fined by the EPA for violations that they unknowingly committed, Eagle Recycling willfully committed the violations, putting innocent people at risk of developing lethal diseases and terminal cancer.  A New York Grand Jury was presented with evidence that the company made illegal deals with a trucking company and forged New York State Department of Environmental Conservation permits in addition to forging the signature of a DEC official. 

Eagle employees also witnessed incriminating documents being destroyed while their facility was being searched by law enforcement officers with an official search warrant.   Despite their attempts to hide the evidence, multiple falsified certifications and other bogus documents were passed onto the grand jury investigating the illegal activity as well. 

As for the disposition of the 8,000 tons of material the company carelessly disposed of, in addition to the monetary fine, Eagle Recycling will also have to pay restitution and cleanup fees associated with making their illegal dumpsite safe.  

The EPA has already taken control of the area and capped the materials to prevent any more asbestos fibers from becoming airborne.  The company was also ordered to create and implement an environmental compliance plan and will be subject to periodic inspections by the EPA to ensure compliance.