Lackawanna Waste Wood Facility President To Appeal Court Ruling

CHARLOTTE, N.C., Dec. 18 /PRNewswire/ — David W. Tomasello, former
president of a waste wood recycling facility in Lackawanna, NY, said he will
appeal the ruling of the State Supreme Court issued December 17. Tomasello
said the ruling came as a shock because he has been working with the State
Attorney General’s office for some time to clean up the waste wood left by his
former tenants and the former Can Fibre plant.

“Unfortunately, because my attorney failed to file the proper paperwork on
this case, we received a default judgment. I am certain that once the facts
are revealed, the judgment will be reversed. I stand by my offer to remove and
recycle any waste left on the property,” Tomasello said.

Court documents state that Tomasello did have permits to operate a
construction and demolition debris processing facility at the Lackawanna site.
The court documents also stated that Tomasello was permitted to have as much
as 200,000 tons of unadulterated and uncontaminated waste wood on his site,
far below the 31,200 tons recorded by the New York State Department of
Environmental Conservation (DEC).

Allegations that the waste in question poses a health risk are inaccurate
according to Tomasello. “The only waste located on the property is waste wood
from brush, trees and limbs; waste pallets; and waste wood from construction
sites. In fact, the majority of the waste wood in question came from local
municipalities and parks departments themselves,” Tomasello said.

Tomasello discontinued operating his recycling company, Lake Front
Recycling, in 2001 but retained ownership of the 15.8 acres of land. The waste
wood in question was stored on Tomasello’s property by the Can Fibre plant as
well as by businesses Tomasello leased his property to after closing Lake
Front Recycling. After being approached by the City of Lackawanna and the DEC
in 2003, Tomasello made several unsuccessful attempts to work with his tenants
as well as the city and DEC to have the waste wood removed from the site.

“We were in talks with attorney general’s office to clean up the site when
the default judgment was rendered yesterday. I feel confident that an
agreement can still be reached with the attorney general’s office to not only
remove the waste wood, but recycle it into steam energy that can be used to
provide electricity to homes and businesses in New York,” Tomasello said.

Tomasello said he would rather see the waste wood recycled and used to
power homes and businesses than to see the wood dumped in a landfill.
Tomasello said he would not only pay to recycle and remove the waste wood
through a recycler, but that any proceeds gained by the sale of the waste wood
to the co-generation plant would be donated at the state’s discretion.
Proceeds from the sale of the waste wood could be as high as $50,000.

“At the end of the day all I have ever wanted to do is resolve this matter
in a fair and just way,” Tomasello said. “It doesn’t matter how long I have
tried to resolve this issue and how many times I have offered to clean up the
waste. As of today, I have taken steps to retain a new attorney who will
provide the court with the evidence that shows I have operated legally and
with the necessary permits. We intend to cooperate fully with the attorney
general’s office to rectify this matter once and for all.”

For further information about this story, copies of court and other
documents, or to arrange an interview with David Tomasello, please contact
Rebecca Zickerman at 704-236-2370 or



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