CLEVELAND, Ohio – A federal indictment was filed today charging Christopher Gattarello with Clean Air Act violations for failing to remove asbestos before demolishing a former factory in the city's Collinwood and East Glenville neighborhoods.
Gattarello, 50, of Cleveland, also was charged with defrauding a Louisiana company out of nearly $1.2 million, conspiracy to commit fraud, money laundering, and of illegally dumping garbage in buildings on the city's East Side.
Gattarello's lawyer, Jaye Schlachet, said he has represented the defendant in other criminal cases and had read the indictment, but declined to comment.
Gattarello, an ex-con with prior convictions for theft and receiving stolen property, is scheduled to appear in Cuyahoga County Common Pleas court on Oct. 17 to answer to the state dumping charges.
Two other men also were indicted as co-defendants with Gattarello in the federal Clean Air Act case. They are Willam S. Jackson, Jr., 44, of Cleveland, and Robert A. Shaw, Sr., 74, of Ypsilanti, Mich.
"I can't understand for the life of me how that went on for years," said City Councilman Mike Polensek, whose ward holds both of the garbage-dumping sites.
"That was like 15 acres of raw garbage with rats running around the size of 'possums in broad daylight. The city has got to take a more aggressive stance on this stuff by going after the garbage brokers," Polensek said.
According to a four-count, 13-page indictment, Gattarello owned several garbage-hauling businesses, including Reach Out Disposal, All Points Rubbish Disposal and Axelrod Rubbish Recycling. Shaw worked for Gattarello at those companies, while Jackson operated a Cleveland building demolition company.
In 2011, Gattarello leased the National Acme building, a former manufacturing plant at 170 East 131st St., and located near many homes and a school in East Glenville. Gattarello told the building's owner that he intended to recycle waste paper and cardboard at the facility.
Over the next several months, thousands of tons of paper, cardboard waste and municipal garbage were delivered to the facility, and by April 2012 the building was filled with garbage, according to the indictment.
Gattarello signed a contract to buy the building, which he intended to demolish. In July 2012, Jackson submitted a notice of demolition with the city's Division of Air Quality stating there was no asbestos in the building – which was not true. A company had previously estimated that removing the asbestos from the facility would cost $1.5 million.
The city agency rejected Jackson's notice, but Gattarello ignored the order and directed Jackson to demolish the building. During the demolition, asbestos fibers were released into the environment, and asbestos debris accumulated outside the facility was exposed to the wind and elements, according to the indictment.
In the state case, Gattarello is charged with illegal dumping, and operating a landfill and a solid waste transfer facility without a license. The charges stem from solid waste violations at the National Acme facility and a building at 965 Wayside Ave. in Collinwood.
Gattarello's brother, Anthony, 48, of Highland Heights, also was charged in the state case with illegal open dumping and operating a solid waste disposal facility without a license. Jackson also is charged with illegal open dumping.
"We will not allow our neighborhoods to be used as garbage dumps," said U.S. Attorney Steven Dettelbach. "Mr. Gattarello's actions show his total disdain for the law and for the people who live near the factory. He will be held accountable for his actions."