St. Cloud Man Arrested on Felony, Misdemeanor Charges

--Illegally disposed of 90 gallons of diesel fuel in a residential area-

ORLANDO - Frank James Damico, age 23, of St. Cloud, was arrested early this morning on a 3rd degree felony violation and a 1st degree misdemeanor violation of Florida environmental laws. Damico was arrested at 4:00 a.m. by the Osceola County Sheriff's Office on warrants obtained by the Department of Environmental Protection's (DEP) Division of Law Enforcement.

Today's arrest is the culmination of a nearly two-month DEP investigation, which began in mid-October. At the time, Mr. Damico was employed by Gary's Grading, an asphalt paving company. In the predawn hours of October 13, a Gary's Grading truck driven by Damico swerved off the road in to a ditch along Missouri Avenue in St. Cloud. As a result of the accident, the truck's 90-gallon diesel fuel tank became dislodged. Damico left the scene, but returned a few minutes later with another individual. Several neighbors in the area also came to the scene and offered assistance to Damico to help him pick up the tank and place it back on the truck, but he declined their offers. Instead, Damico allegedly removed the filler cap to the tank, allowing the diesel fuel to spill out onto the ground. Once the tank was empty, he and his companion placed the tank back on the truck and left.

Members of DEP's Division of Hazardous Waste responded to the scene shortly thereafter and took soil samples from the spill site. DEP contacted Gary Kilette, the owner of Gary's Grading, and informed him of the incident. Mr. Kilette assured DEP that he would clean up the site. Soon after this incident Mr. Damico's employment was terminated.

"Mr. Damico's actions showed a total lack of concern for public health, safety, and the environment," said DEP Division of Law Enforcement Director Tom Tramel. "One gallon of gasoline or diesel fuel has the potential to contaminate 50,000 gallons of groundwater. Mr. Damico allegedly released 90 gallons of diesel fuel. You do the math."

If found guilty, Mr. Damico could receive up to five years in jail and a $5,000 fine for the felony violation, and up to one year in jail and a $1,000 fine for the misdemeanor violation.

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