The Department of Energy and Environmental Protection (“DEEP”) released a Proposed Final Decision in the matter of Recycling, Inc.08/25/2014
The Department of Energy and Environmental Protection (“DEEP”) released a Proposed Final Decision in the matter of Recycling, Inc. (“RCI”), in which a DEEP Hearing Officer affirmed DEEP’s decision to revoke the permits held or sought by RCI for operations at 990 Naugatuck Avenue in Milford, according to Hurwitz Sagarin Slossberg & Knuff LLC partner David Slossberg. Working closely with the Attorney General’s Office on behalf of DEEP staff, Slossberg and Amy Souchuns represented the interests of the City of Milford in a five day administrative trial at DEEP seeking to preclude RCI from conducting any recycling activities at the Site.
Citing the “plentiful” evidence developed over the five days of testimony, the hearing officer determined that “RCI submitted an incomplete and misleading application that omitted certain required information and provided inaccurate and false information regarding ownership, financial stability, and corporate structure and operations.” Among a myriad of findings of intentional misrepresentations by RCI, the hearing officer cited the existence of forged documents, undisclosed mortgages and secretly executed corporate documents designed to hide the ownership and control of RCI by true owner, Gus Curcio, Sr., who admitted that he intentionally created the deception to hide his involvement and control of the project because of his past criminal record and history of environmental noncompliance.
Problems at 990 Naugatuck Avenue began nearly 10 years ago, with an illegal landfill operated by Curcio Senior’s son, Gus Curcio, Jr. After DEEP took enforcement action to halt that operation and imposed stiff penalties for environmental violations, RCI submitted an application to expand the recycling operations on the property. However, RCI was just a front for the principal actors who had committed the earlier violations – principally Gus Curcio, Sr. “DEEP plays a pivotal role in protecting the health and safety of the public, which includes the need for honest reporting by applicants as to their environmental compliance history, financial ability to meet regulations and corporate structure,” David Slossberg said. “The City of Milford has insisted throughout that RCI was a sham, orchestrated by Curcio behind the scenes to obtain recycling permits that would otherwise be unavailable to it. In an extraordinary 46 page opinion, the Hearing officer catalogues the web of deception, which substantiates the City’s position. The bottom line is that RCI can no longer operate at the site in any capacity, the result we sought, and the outcome needed to protect the citizens in the surrounding neighborhoods from this dishonest operation.”
The parties may submit comments to the hearing officer on the current decision, at which time the hearing officer will submit a final version for consideration by the Commissioner of DEEP for a final determination.