Nassau County District Attorney

Nassau County District Attorney Denis Dillon announced today the charging of seven individuals for violating the New York State Environmental Conservation Law. Working with the New York State Department of Environmental Conservation (NYS DEC), the DA’s Environmental Crime Unit used an undisclosed location in the county, which appeared to be an unoccupied commercial property, to conduct an Environmental Sting Operation.

According to Dillon, "Investigators from my office and from the NYS DEC called a number of landscapers who are not certified by or registered with the NYS DEC to commercially apply pesticides. These individuals were asked to treat weeds growing at the same location. Of the 8 companies who came to the site to give our undercovers estimates, 5 of those agreed to treat the property. Seven individuals representing these five companies responded to our request and illegally applied pesticides on the grounds. The subsequent analysis of the substances sprayed on the ground showed them to be chemicals regulated by the Environmental Conservation Law."

Dillon continued, "Each of these defendants during the course of applying the chemicals failed to follow the pesticide statute and regulations in that they did not place notification markers on the property, warning neighbors that pesticides had been applied; failed to give the pesticide warning label to the property owner, which describes the potentially toxic chemicals contained in the pesticide; and also failed to train their workers on how to safely handle these chemicals."

"In addition, investigators placed on the site 55 gallon drums, which were labeled describing them as containing hazardous waste," said Dillon. "One defendant charged today, Silder M. Urias, a.k.a. Mike, 48, of 271 Sheridan Street, Westbury, agreed to remove these barrels from the site and did so without obtaining the required permits for a price of $1,000."

The following individuals have been charged:

John Zarato, 41, of 417 Scranton Avenue, Lynbrook

Commercial Application of Pesticides Without Having a Valid Pesticide Applicator Certification, Operating an Unregistered Pesticide Applicator Business, Failure to have a Written Contract for Applying Pesticides, and Failure to Place Pesticide Warning Markers, all Violations of the Environmental Conservation Law.

Percio Rodriguez, 31, of 65 Malta Street #2, Copaigue

Francisco Rodriguez, 61, of 302 Jefferson Avenue, Amityville

Silder Urias, 48, of 271 Sheridan Street, Westbury

As it relates to the removal of the 55 gallon drums of toxic waste, Urias is charged with Attempted Unlawful Dealing in Hazardous Waste in the First Degree, and Attempted Endangering Public Health, Safety or the Environment in the Third Degree, both Class A Misdemeanors under the Environmental Conservation Law. In addition, Urias is charged with Commercial Application of Pesticides Without Having a Valid Pesticide Applicator Certification, Operating an Unregistered Pesticide Applicator Business, Failure to have a Written Contract for Applying Pesticides, and Failure to Place Pesticide Warning Markers, all Violations of the Environmental Conservation Law.

Rayner Taveras, 24, of 6 South Park Avenue, Rockville Centre

Manuel Taveras, 33, of 10 E Mineola Avenue, Valley Stream

Marcos Taveras, 37, of 54 Grand Avenue, Freeport

Commercial Application of Pesticides Without Having a Valid Pesticide Applicator Certification, a Violation of the Environmental Conservation Law

"The business of commercial application of pesticides is highly regulated because of the toxicity of the chemicals used," said Dillon. "This investigation represents my strong commitment to protect the environment and also demonstrates again the history of cooperation between my office and the New York State Department of Environmental Conservation to initiate creative sting operations to find those who will damage the environment at any price."

"I thank the NYS Department of Environmental Conservation and the DEC’s Bureau of Pesticides Personnel for their assistance during the course of this investigation," said Dillon. "We look forward to working with them in the future as part of our ongoing effort to protect our Environment so that it can be enjoyed by our future generations."

DEC Acting Commissioner Denise M. Sheehan said, "Compliance with DEC's pesticides laws are integral to the protection of public health and the environment in New York State. Illegal pesticide applications or other types of violations jeopardize the well being of our communities and natural resources. I applaud the hard work of DEC's Environmental Conservation Officers and Pesticides Bureau on this effort and look forward to continuing DEC's valuable partnership with Nassau County."

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

September 22, 2005

DILLON ANNOUNCES:

RESULTS OF ENVIRONMENTAL STING