Attorney General Tom Corbett

Attorney General Tom Corbett announced the distribution of $7,500 to community and environmental organizations in Clearfield County as the result of a criminal case prosecuted by the Attorney General's Environmental Crimes Section.

Corbett said the $7,500 environmental contribution is part of the sentence handed down today in Clearfield County Court of Common Pleas against John P. Niebauer Jr., 63, of 611 Devonshire Dr., State College, and his company, Delta Excavating and Trucking Company.

According to the criminal complaints, Niebauer, and his company, allegedly dumped and buried construction and demolition waste without a permit on land that Niebauer owned in Boggs Township and Wallaceton Borough, located in Clearfield County. Niebauer and his company were charged with unlawfully dumping, storing and transporting solid waste without a permit and constructing or operating a solid waste disposal facility without a permit.

Corbett said Niebauer and Delta Excavating and Trucking pleaded no contest on Tuesday, April 11, to misdemeanor counts of unlawful conduct under Pennsylvania's Solid Waste Management Act.

Corbett said Niebauer and his company were ordered to pay fines and restitution in addition to the $7,500 environmental contribution.

As part of the sentence, Niebauer was ordered to pay a $55,000 fine to the Pennsylvania Department of Environmental Protection's Solid Waste Abatement Fund.

Delta Excavating and Trucking Company was ordered to pay a $10,000 fine to the Solid Waste Abatement Fund along with $12,133 restitution to the Pennsylvania Department of Environmental Protection for costs related to the investigation.

"Environmental crimes harm the quality of life for every Pennsylvanian, and the Office of Attorney General is committed to vigorously investigating and prosecuting these crimes wherever they occur," Corbett said. "It is also important that we direct settlement funds into conservation, education and public safety efforts to improve the environment for all Pennsylvania residents to enjoy."

Corbett said the $7,500 environmental contribution is being distributed to two organizations supporting various environmental projects in Clearfield County:

· PA Cleanways of Jefferson, Clarion and Clearfield Counties, located in Summerville, will receive $5,000 to support litter cleanup along waterways and roads in Clearfield County, and to fund community education programs about pollution prevention; and

· The Pennsylvania Rails-to-Trails Program, administered by the Pennsylvania Department of Conservation and Natural Resources, will receive $2,500 to support maintenance and cleanup work along the Houtzdale Line Trail, located near one of the defendant's dump sites.

4/14/2006