Defendant In Dumping Case Sentenced To Nine Months In Jail

Attorney General Spitzer today announced that the owner of a Schenectady County construction and demolition debris hauling business has been sentenced to nine months in jail after repeatedly violating court orders that he properly dispose of a large pile of debris.

Marc Della Villa, 53, of Roma Street, Schenectady, was sentenced October 24 by the Honorable Kenneth Litz in Rotterdam Town Court for failing to clean up a pile of construction and demolition debris on land Della Villa owned at 2100 Westside Avenue in Rotterdam.

The illegal pile of debris has been at that location since 1997. On September 11, 2000, before Judge Litz, Della Villa pleaded guilty to one count of release of more than seventy cubic yards of solid waste to the environment, a Class A Misdemeanor violation of the state Environmental Conservation Law punishable by up to one year in jail and a fine of up to $37,500 per day of violation. At that time, Della Villa was sentenced to probation, one condition of which was that he remove the entire debris pile and dispose of it properly.

Della Villa failed to clean up the site during the original period of his probation. He was granted a number of extensions to remove the debris pile, but he repeatedly violated the court’s orders. On August 1, 2005, Della Villa admitted violating the terms of his probation. At that time, Judge Litz again ordered Della Villa to remove the debris pile within three months, and stated that he would be incarcerated for up to nine months if he failed to do so by November 1.

On October 24, Della Villa again appeared in court before Judge Litz. The judge was informed that Della Villa had not cleaned up the debris pile and Della Villa notified the court that the debris would not be removed by the November 1 deadline. Keeping to his pledge, Judge Litz sentenced Della Villa to nine months in jail. Della Villa is scheduled to begin serving his sentence on November 1.

The case was prosecuted by Assistant Attorney General Johanna Sullivan under the supervision of Environmental Crimes Unit Chief Julieta Lozano, Deputy Bureau Chief Viola Abbitt and Bureau Chief Janet Cohn, all of the Criminal Prosecutions Bureau. Engineering Geologist Ted Robak of the state Department of Environmental Conservation provided valuable assistance in the case.