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Landfill lawsuit filed

Attorney general’s office claims violations of regulations

April 10, 2010
By MARK LAW, Staff writer

STEUBENVILLE - The Ohio Attorney General's office filed a lawsuit Friday in Jefferson County Common Pleas Court against C&D Disposal Technologies of county Road 26, Wintersville, and owner Joseph G. Scugoza of 335 Bryden Road claiming numerous violations of regulations governing the operation of demolition material landfills.

C&D Disposal has been a licensed demolition material landfill since 2004. The facility is not permitted to accept solid waste. The lawsuit claims the landfill eight times since June 30, 2008, illegally accepted solid waste and once accepted asbestos containing material.

The lawsuit also claims demolition landfills are required to unload debris in designated, marked zones. C&D Disposal five times since June 2008 failed to unload waste in the designated zone at the facility, the lawsuit states.

Demolition landfills are required to cover the material on a weekly basis with soil to prevent fires. C&D Disposal 12 times failed to cover the demolition debris on a weekly basis. There was a fire in the material at C&D Disposal on Dec. 31, according to the lawsuit.

Demolition material disposal facilities also are required to properly handle leachate or water that comes in contact with the debris. The lawsuit states the facility failed to contain, manage and properly dispose of the leachate.

The attorney general's office also said C&D Disposal failed to file annual groundwater reports to the state as required in 2006 and 2008.

C&D Disposal also caused water pollution to reach a nearby stream and used leachate to spray onto the working face of the landfill that eventually entered the stream, the lawsuit states. According to the complaint, C&D Disposal allowed solid waste and demolition material in and around the stream by the facility's rail unloading area.

The lawsuit claims C&D Disposal hired improperly trained workers and failed to maintain and repair equipment and roads at the landfill.

The attorney general's office states C&D Disposal illegally disposed of demolition material and allowed open dumping of solid waste on areas outside the working face of the landfill.

C&D Disposal also failed to file an adequate bond based on the acreage of the facility, according to the lawsuit.

The attorney general's office is seeking a court order forcing C&D Disposal to comply with demolition material landfills and is seeking fines of $10,000 per day for each violation.

Scugoza couldn't be reached for comment.

(Law can be contacted at mlaw@heraldstaronline.com.)

 
 

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