Indictment In Albany County Waste Burial Case

Attorney General Spitzer today announced the indictment of an Albany County company and two of its employees for the illegal burial of over 100 gallons of hazardous wastes.

The defendants, Dagen Trucking Inc., located at 566 Broadway in Menands, and two of its employees, Jeffrey Dagen and William Blowers, were charged by an Albany County Grand Jury with four counts of Endangering Public Health, Safety, or the Environment in the Third degree; and one count involving the discharge of wastes into the waters of the state. All charges are class E felonies. The defendants face up to four years in prison if convicted of the charges.

At an arraignment today before Judge Stephen Herrick in Albany County Court, the defendants pleaded not guilty to the charges and were released on their own recognizance.

"It is imperative that companies doing business in New York respect our environment and our laws," Attorney General Spitzer said. "We will continue to work with the state Department of Environmental Conservation to prosecute those who pollute the state's environment as a matter of convenience."

An investigation by the state Department of Environmental Conservation determined that between March and May 2001, employees of Dagen Trucking buried drums filled with waste paint, paint thinner and other hazardous substances on the company's property in Menands. The investigation determined that the drums had been buried in such a way that the hazardous substances were able to reach the groundwater. The DEC and the Army Corps of Engineers are coordinating a clean-up of the site with the property owner.

The case was handled by Assistant Attorney General Rocky Piaggione under the supervision of Julieta Lozano, Chief of the Attorney General's Environmental Crimes Unit.

The charges are merely allegations and the defendants are presumed innocent until and unless proven guilty.