Dive Brief:
- Connecticut company Recycling Inc. has filed an appeal to the state's Appellate Court over the Department of Energy and Environmental Protection's (DEEP) denial of two recycling permits, according to the Milford Mirror.
- In Feb. 2015, DEEP revoked the company's permit to operate a facility in Milford and denied a pending application for an individual recycling permit. The ownership role of an individual, Gus Curcio Sr., who had prior legal issues was cited as the main factor in this decision.
- A Superior Court judge denied the company's appeal in January, finding no evidence that the DEEP commissioner was biased or that the penalties of revocation and denial were overly severe. The judge also agreed with DEEP's analysis of Curcio's involvement with the company.
Dive Insight:
The question of ownership dates back to at least 2012, when DEEP suspended Recycling Inc.'s application for an expanded permit because both Curcio and a woman named Darlene Chapdelaine filed papers for ownership. Curcio was sentenced to 27 years in federal prison - and released after 11 - for extortion in 1985. He was also found to be operating a waste facility at the site without a permit in 2007.
This argument has dragged on through various regulatory and legal levels ever since. DEEP contends that the company was formed at Curcio's behest, he nominated both of the first two presidents (including Chapdelaine), controlled finances, made major decisions and was essentially the beneficial owner. So far the state judicial system has agreed with this analysis.
Transparent legal history is key to helping regulators make permit decisions, but isn't always disclosed. This was seen most recently when a lack of background checks allowed individuals with potential organized crime connections to operate waste businesses in New Jersey that have been accused of illegal dumping.
