New York DEC convicts recycling companies for illegally dumping e-scrap

The New York State Department of Environmental Conservation (DEC) has announced the convictions of Alpco Recycling Inc. and its owner, Alton Plumb Jr., as well as Finger Lakes Cleanup and Recycling Consultants Inc. and its project manager, Craig Foster, for their roles in illegally processing and disposing 800 tons of end-of-life electronics in Wayne County, New York.  

The convictions are the result of a joint investigation by the DEC, the Office of the Attorney General and the U.S. Environmental Protection Agency (EPA). 

“Dumping e-waste is illegal and has the potential to damage our natural resources and impact the health of New Yorkers long after the dumping occurs,” Commissioner Basil Seggos says. “DEC’s thorough investigation and the joint enforcement action with Attorney General James and the U.S. EPA resulted in these convictions of two recycling companies. [This] sends a strong message that New York State is not a dumping ground for illegal waste disposal and violators will be brought to justice.” 

In 2015, a large amount of e-scrap was abandoned at the Geneva Enterprise Development Center in Seneca County. The abandoned waste included television and computer monitors with cathode ray tubes, which are hazardous and contain lead.  

According to DEC, when Finger Lakes Cleanup and Recycling Consultants was hired to clean up the abandoned e-scrap in 2016, Foster approached Alpco owner Plumb Jr. for assistance. Alpco did not have a permit to process hazardous waste, but Foster, on behalf of his company, entered into an agreement with Plumb to process and dispose of the abandoned e-scrap. DEC says Alpco unlawfully processed and disposed of 800 tons of e-scrap from May to July 2016. 

“When hazardous waste is not managed properly, it puts families and communities at risk, and endangers the environment,” Attorney General Letitia James says. “By disregarding public safety laws and common sense, these companies put residents in harm's way and stuck local communities with the mess they left behind.  

“Hopefully this conviction sends a clear message that illegal disposing of waste will not be tolerated by my office or our partners. I thank DEC and the EPA for their coordination throughout this process, and for assisting as we brought these bad actors to justice.” 

Foster and Finger Lakes Cleanup and Recycling Consultants pleaded guilty in Wayne County Court on Sept. 13. Foster pleaded guilty to unauthorized possession, disposal and dealing in hazardous wastes, a Class A misdemeanor, and was sentenced to a one-year conditional discharge. Finger Lakes Cleanup and Recycling Consultants pleaded guilty to unlawful dealing in hazardous wastes in the first degree, a Class E felony, and was sentenced to a three-year conditional discharge. They both were fined $5,000 each. 

Plumb previously pleaded guilty in Wayne County Court to violating the state's Environmental Conservation Law and was sentenced to a one-year conditional discharge and paid a $1,500 fine. Alpco pleaded guilty to unauthorized possession, disposal and dealing in hazardous wastes and was sentenced to an unconditional discharge. Plumb also previously agreed to a DEC consent order, requiring him to pay $225,000 in civil penalties for Environmental Conservation Law and permit violations. 

“The defendants violated environmental protections for safely managing 800 tons of hazardous e-waste all to avoid the cost of proper disposal, posing a danger to the entire community,” says Tyler Alon, special agent in charge with EPA's Criminal Investigation Division. “This case demonstrates that EPA and its New York DEC law enforcement partners will hold those who knowingly violate environmental laws criminally accountable for their actions.” 

Under New York Environmental Conservation Law, e-scrap must be properly disposed of through the appropriate waste or recycling system. By law, a DEC solid waste facility registration must be completed and approved by DEC for an entity to lawfully process discarded electronics in New York state. Recently adopted regulations require electronics recycling facilities to submit closure plans and cost estimates to be updated annually. The owner or operator of the electronics recycling facility must provide proof of financial assurance to DEC within 180 days of the registration approval. DEC says these regulations are in place to protect New York residents and the environment from hazardous materials and e-scrap.