For Immediate Release - November 22, 2011

Waste Hauler Indicted in Connection with the Illegal Disposal of Solid Waste

Defendant Allegedly Dumped Waste at an Unauthorized Site in Waltham

WOBURN — A Marlborough man has been indicted in connection with improperly disposing of solid waste from the City of Lowell at an illegal dumping site, Attorney General Martha Coakley announced today.

Charles Garabedian, age 63, of Marlborough, has been indicted on the charge of violating the Solid Waste Act (2 counts).

“Solid waste must be disposed of at an authorized facility in protection of public health and adherence to environmental regulations,” AG Coakley said.  “We allege that although the defendant was hired and instructed to properly dispose of waste materials, he transported and dumped the material at an unsanctioned site.”

“This enterprise posed as a business engaged in the safe disposal of catch basin cleanings and street sweepings much of which is contaminated with oil and other contaminants,” said MassDEP Commissioner Kenneth L. Kimmell. “Instead, they brought these materials to their own landscaping supply site, which is not permitted to accept it, and represents an unacceptable means of disposal.”

Garabedian is the former Vice President of Jayco Landscape Supply Co. (Jayco) and the current manager of J&J Landscape Supply (J&J), a hauling and transport company, that was incorporated in December 2010 after Jayco was barred from municipal contracting for a year.  According to authorities, Garabedian entered into an agreement with the National Water Main Cleaning Company (National Water Main) in the summer of 2011, to transport catch basin cleanings from the Lowell Transfer Station to the Southbridge Landfill, an authorized facility for the disposal of solid waste.   

According to authorities, in September 2011, a truck operated by Garabedian’s company was observed transporting catch basin cleanings for disposal from the Lowell Transfer Station.  Authorities allege that, rather than transporting the solid waste to the Southbridge Landfill, the truck proceeded to dump the material at the J&J facility in Waltham, which is not a permissible site for the disposal of solid waste material. 

Authorities further allege that Garabedian provided invoices to the National Water Main seeking compensation for transporting over 15 loads of catch basin cleanings, none of which were ever received by the Southbridge Landfill.

The charges are the result of an investigation by the Massachusetts Environmental Strike Force, an interagency unit which is overseen by AG Coakley, MassDEP Commissioner Kenneth L. Kimmell, and Energy and Environmental Affairs Secretary Richard K. Sullivan, Jr.  The Strike Force comprises prosecutors from the Attorney General’s Office, Environmental Police Officers assigned to the Attorney General’s Office, and investigators and engineers from the MassDEP who investigate and prosecute crimes that harm or threaten the state’s water, air, or land and that pose a significant threat to human health.

A Middlesex Grand Jury returned indictments against Garabedian on November 17.  Garabedian is expected to be arraigned at a later date.  

Members of the public who have information regarding a potential environmental crime are encouraged to contact the MassDEP Environmental Strike Force Hotline at 1-888-VIOLATE (846-5283) or the Attorney General’s Office at 617-727-2200.

Assistant Attorneys General Andrew Rainer and Laura Harris, of Attorney General Coakley’s Environmental Crimes Strike Force, are prosecuting the case with assistance from investigator Richard Tomczyk of MassDEP.

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