State of Connecticut Seeks Contempt Order Against Illegal Dump Operator For Disregarding Cleanup Order

August 22, 2007 -- Connecticut Attorney General Richard Blumenthal today announced he is seeking a contempt order against the operators of an illegal solid waste transfer station in Milford for flagrantly disregarding a court order to close the dump and clean up the property.

Blumenthal filed the motion against Associated Carting, Inc., and D.C. Waste Management, Inc., both of Milford, on behalf of Department of Environmental Protection (DEP) Commissioner Gina McCarthy. Gus Curcio, Jr. is president of Associated Carting, which merged with D.C. Waste Management. A Sept. 5 hearing is scheduled on the matter.

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In defiance of a July 3 temporary injunction, the operators of the unpermitted transfer station have failed to remove all solid waste from the site at 990 Naugatuck Ave., Milford; allegedly continued transporting additional solid waste to the site; and failed to provide documentation of waste removal from the site. Even this week the DEP continues to find new violations at this site concerning management of storm water and unpermitted discharges of oily substances.

“Downright defiance and disregard for a court order deserves strong sanction – especially when lawbreaking endangers public health and water quality,” Blumenthal said. “These illegal dump operators have not only failed to clean the property, but have deposited additional waste at the site. We will seek every legal remedy possible to shut down this illegal dump – an environmental nightmare degrading soil and water quality and endangering area citizens.

“This illegal dump, more than an eyesore and insult, threatens real injury. The dump was intolerable before its operators flagrantly aggravated the damage and danger – meriting fierce pursuit, and now punishment.”

McCarthy said, “Associated Carting does not have the required state permits for a solid waste facility in Milford and the court has told them to cease operations. Instead of complying, they have defied the court's order. With the support of the Attorney General's office, DEP is seeking to shut this site down for good and to make certain it is cleaned up and restored.”

“The state permitting process for solid waste facilities helps guarantee that they are operated in a manner that does not threaten the environment or the health of the public,” McCarthy said. “We simply can not - and will not - allow any parties to conduct this type of business without proper permitting and oversight."

Blumenthal’s action seeks stiff penalties against the dump operators – $1,000 against each defendant for each day that they fail to meet any court deadlines to comply with the temporary injunction.

The July 3 temporary injunction required the defendants to:

* Immediately cease operation of the illegal transfer station;

* Immediately cease the discharge of contaminated soil, sediment and/or turbid water from the site into state waters;

* By July 23, remove all solid waste from the site, and dispose of it at a permitted solid waste facility; and

* Within two days after removing all solid waste from the site, provide the DEP commissioner with proof of proper disposal of the solid waste.

Source: Connecticut Attorney General