April 17, 2006

Attorney General Corbett announces environmental charges against five in illegal dumping scheme in Monroe & Lehigh counties

HARRISBURG - Attorney General Tom Corbett today announced that agents from the Attorney General's Environmental Crimes Section have filed criminal charges against five suspects, including the owners of three New York-based trucking companies, accused of participating in a scheme to illegally dump construction and demolition waste in Monroe and Lehigh counties.

Corbett identified the defendants as:
-  Joseph Labella, 36, Oceanside, NY, co-owner of JMJ Industries Inc. and FTW Trucking.
-  James Fitzpatrick, 36, Merrick, NY, co-owner of FTW Trucking.
-  James Anastacio, 38, Brooklyn, NY, owner of J & J Carting.
-  Frances Yuhas, 57, Tom's River, NJ. 
-  Saverio Verre, 52, of Monroe Township, NJ.

The criminal charges state that Labella, Fitzpatrick and Anastacio repeatedly transported construction and demolition waste to a property along Sullivan Trail Road, in Pocono Township, Monroe County, owned by Frances Yuhas. 

According to the criminal charges, illegal dumping allegedly began at the Yuhas property in the late 1990's and continued, with the knowledge and consent of Yuhas and her late husband, Dennis Yuhas, until his death in 2003.

Corbett said Anastacio is also charged in connection with the illegal dumping of construction and demolition waste on a property along Route 309, in Lynn Township, Lehigh County. 

According to the criminal complaint, Verre and Dennis Yuhas made arrangements in May 2003 to dump "clean fill" on a property in Lehigh County owned by William Hartranft.  The "fill" material allegedly dumped at the Hartranft property was construction and demolition waste hauled by Anastacio's trucking company.

Corbett said the illegal dumping scheme came to the attention of investigators in February 2003 after Pennsylvania State Police stopped and inspected a number of overweight tractor trailers hauling construction and demolition waste into Pennsylvania.  Those trucks were allegedly destined for the Yuhas property, even though that site was not an approved disposal site.

Following an initial investigation, the Pennsylvania Department of Environmental Protection (DEP) referred the case to the Attorney General's Environmental Crimes Section for criminal prosecution.

Corbett said the criminal charges against Labella, Fitzpatrick, Anastacio and Yuhas were filed Thursday, April 13, before Tannersville (Monroe County) Magisterial District Judge Thomas Olsen.  Criminal charges against Anastacio and Verre were filed before Slatington (Lehigh County) Magisterial District Judge Rod Beck on Thursday, April 13.  Preliminary hearings will be scheduled by the Magisterial District Judges within the next 10 days.

Corbett said the cases will be prosecuted in Monroe and Lehigh counties by Deputy Attorney General Brian T. Coffey of the Attorney General's Environmental Crimes Section.

The following is a list of the defendants and the charges filed against them:

Joseph Labella, 36, Oceanside, NY, is charged with one count each of dumping solid waste without a permit; utilizing a solid waste storage or disposal facility without a permit; transporting solid waste to an unpermitted disposal facility and assisting in the unlawful storage, transport or disposal of solid waste.

James Fitzpatrick, 36, Merrick, NY, is charged with one count each of dumping solid waste without a permit; utilizing a solid waste storage or disposal facility without a permit; transporting solid waste to an unpermitted disposal facility and assisting in the unlawful storage, transport or disposal of solid waste.

James Anastacio, 38, Brooklyn, NY, is charged with two counts each of dumping solid waste without a permit; utilizing a solid waste storage or disposal facility without a permit; transporting solid waste to an unpermitted disposal facility and assisting in the unlawful storage, transport or disposal of solid waste.

Frances Yuhas, 57, Tom's River, NJ, is charged with one count each of allowing the dumping of solid waste without a permit; operating a solid waste disposal site without a permit and unlawfully storing, collecting or disposing of solid waste.

Saverio Verre, 52, Monroe Township, NJ, is charged with one count each of dumping solid waste without a permit; utilizing a solid waste storage or disposal facility without a permit; transporting solid waste to an unpermitted disposal facility and assisting in the unlawful storage, transport or disposal of solid waste.

(A person charged with a crime is presumed innocent until proven guilty.)

# # #

Editors' Note: Copies of the criminal complaints are available by contacting the Attorney General's Press Office at 717-787-5211.