Kathleen G. Kane - Pennsylvania Office of Attorney General - Protecting Pennsylvanians

April 30, 2013

Charges filed in alleged illegal dumping

HARRISBURG - Attorney General Kathleen G. Kane announced today that charges have been filed against a New Jersey man and three New Jersey businesses, accused of dumping contaminated soil at two locations in Northampton County.

Arthur FletcherKane said that Arthur Fletcher, of Bayonne, New Jersey, disposed of soil from the excavation of a former gas station in the Bronx, NY, by illegally dumping it at two locations in the Poconos - Wind Gap and Bangor Borough.

According to the criminal complaint, Fletcher convinced two landowners that he was going to buy the properties, fill them in with clean fill, install landscaping and solar panels, and operate a recycled soil business.

Fletcher signed agreements of sale for both properties but never made any payments, according to investigators. Fletcher, without the permission of the owners, allegedly brought the fill to these sites and dumped the contaminated soil.

Officials from the Pennsylvania Department of Environmental Protection (DEP) warned Fletcher several times that he was not allowed to dump anything in Pennsylvania without a permit, according to investigators.  However, trucks from Ike's Enterprises, LLC, Cuenca Coronel Trucking Inc., and J&J Brothers Trucking allegedly continued to dump illegally.

The property where Fletcher and the trucking companies dumped in Bangor Borough is owned by the Bangor Borough Municipal Authority. Officials say it eventually cost $50,000 to clean up the contaminated soil, a process known as remediation.

Kane thanked the DEP for their assistance with the investigation.

Below is a list of the defendants and the charges against them.

Arthur Fletcher, 53, 801 Ave. C, Unit 2B, Bayonne, New Jersey, is charged with:

  • two counts of unlawful conduct, illegal dumping;
  • two counts of unlawful conduct, illegal operation of a disposal facility;
  • two counts of illegal transportation;
  • one count of theft of services;
  • one count of deceptive business practices; and
  • one count of criminal mischief.

Sterling Houston, and Ike's Enterprises, LLC, 130 Grindstone Drive, Shohola, Pike County, are both charged with:

  • one count of unlawful conduct, illegal dumping: and
  • one count of unlawful conduct, illegal transportation.

Mauro Cuenca, and Cuenca Coronel Trucking Inc., 275 N. 12th St., Newark, New Jersey, are both charged with:

  • one count of unlawful conduct, illegal dumping; and
  • one count of unlawful conduct, illegal transportation.

Jose Paz, and J&J Brothers Trucking, LLC., 67 Winthrop St., Newark, New Jersey, are both charged with:

  • one count of unlawful conduct, illegal dumping; and
  • one count of unlawful conduct, illegal transportation.

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

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