A grand jury indicted Anthony Adinolifi of Mahopac on Tuesday, April 24 on several felonies for the operation of two large unpermitted construction and demolition debris landfills within Putnam County, according to state Attorney General Eric Schneiderman. If convicted, Adinolifi could serve up to four years in prison and have hundreds of thousands of dollars in fines.
Adinolifi, owner of owner of Dirtman Enterprises Inc., is charged with accepting construction and demolition debris containing waste such as tile, plastic, coal, and coal ash, from approximately January 2010 through October 2011, at these illegal landfills, located at 737 Croton Falls Road and 618 Barrett Hill Road, both in Carmel, which is part of the New York City Watershed.
“Some of these materials eroded and were discharged into nearby New York State waters, including the Croton Falls Reservoir, which is part of the water supply that provides drinking water to New York residents,” Schneiderman said. “Polluting our state’s watershed by dumping dangerous waste into illegal landfills is deplorable, and this individual will be held accountable for committing these serious crimes.”
The New York City Watershed which provides approximately 1.2 billion gallons of drinking water to nearly one-half the population of New York State every day.
An investigation by the state Department of Environmental Conservation revealed that Adinolifi profited over $300,000 from operating the illegal landfills. He would charge $75 per truck load for dumping privledges of the debris waste.
“DEC will vigorously pursue those individuals who disregard state environmental laws for personal gain. Illegal dumping affects not only the area where the material is dumped but also harms nearby waterways,” DEC Commissioner Joe Martens said.
Environmental Conservation Law Article 27 and the underlying regulations provide that no person may construct or operate a solid waste management facility without first obtaining a permit from DEC. Solid waste management facilities are also subject to strict operational and closure requirements to avoid the adverse impacts to public health and the environment associated with solid waste.
According to the felony complaint filed November 29, 2011 in Carmel Town Court, Adinolfi agreed with private owners of the two watershed properties that he would arrange for fill to be dumped on their property in order to fill in and grade steeply-sloped areas. Through 2010 and 2011, the complaint charges that the defendant arranged for hundreds of truck-loads of fill to be dumped on these two properties – sometimes as much as 10-15 truckloads per day.
Waste composition analysis of multiple samples taken from the debris dumped at these two properties showed that the samples contained coal ash and slag. Coal ash and slag typically contain hazardous substances and carcinogens.
The grand jury charged Adinolfi with several felony counts for violations of the New York State Environmental Conservation Law including operating an unpermitted solid waste management facility and for causing stormwater discharges without a permit. Both charges are considered class “E” felonies.
Adinolfi is also the defendant in a civil lawsuit filed in Supreme Court, Putnam County, by the State in October 2010 concerning his illegal operation of a landfill at 737 Croton Falls Road. The State has already obtained a preliminary injunction against Adinolfi and others prohibiting them from unlawfully polluting the City of New York’s Croton Falls Reservoir, adjacent to the site. The lawsuit also seeks to require Adinolfi and others to remove the construction and demolition debris and other wastes disposed there, remediate the site, and pay civil penalties.