STEUBENVILLE - The managing partner of the C&D Disposal Technologies landfill agreed Thursday to temporarily close the facility pending its sale to Delaware-based United Waste.
Joe Scugoza met with Jefferson County Assistant Prosecutor Emanuela Agresta and Jefferson County Health Department Administrator Bruce Misselwitz behind closed doors for 90 minutes before making the temporary agreement official in an open court hearing before Jefferson County Common Pleas Court Judge David Henderson.
According to Agresta, the C&D landfill operations will be closed and signs will be posted at the entrance to the landfill declaring the landfill is closed.
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ANSWERING QUESTIONS — Joe Scugoza, managing partner of C&D Disposal Technologies, answers questions following a brief court hearing Thursday morning before Jefferson County Common Pleas Judge David Henderson. Scugoza agreed to temporarily close his landfill operations until a sale of the facility is completed. -- Dave Gossett
"The landfill will be allowed to accept metal and masonry and the masonry must be used within 24 hours. Nothing else can be accepted at the landfill," said Agresta.
"Mr. Scugoza will provide the health department information within the next seven days on waste material accepted at the landfill from December until July 31 in order to determine the tipping fees owed the health department for the past eight months," said Agresta.
"C&D also also agreed to continue to abate the nuisances at the landfill which is primarily leachate and odors. They have agreed to work to eliminate those nuisances," said Agresta.
Agresta said her legal case against the landfill may be consolidated in the future with a case filed by the Ohio Environmental Protection Agency and the Ohio Attorney General's office and assigned to Jefferson County Common Pleas Judge Joseph Bruzzese.
"I hope this process continues to move forward. Both sides cooperated today to reach this agreement," declared Henderson.
Henderson issued his ruling on the temporary restraining order on July 12 prohibiting the landfill near the Jefferson County Airpark from accepting solid waste at its recycling center.
Agresta had sought the order on behalf of the county health department arguing, "illegal dumping of solid waste constitutes a nuisance and poses a threat to the general public's health as the solid waste material is not contained in any way. It is in an advanced stage of composting, is causing a foul stench in the area and is leaching into the water table and nearby Cross Creek. It is an attraction for birds, rodents and poses a health hazard."
"Mr. Scugoza was very cooperative today in not tying up the court's time. We agreed to a temporary order agreement rather than a permanent order. The agreement reached today is consistent with the agreement Mr. Scugoza reached with the Ohio Attorney General's office before Judge Bruzzese last month," Agresta said.
"We have complied with all local and state regulations and rules. We have made major infrastructure improvements to the facility and we have come in substantial compliance with the health department requirements. We have worked with the cards dealt us. Yes, we have had problems but we have worked with the health department and the OEPA to resolve the issues," stated Scugoza following the court hearing.
"The health department has been as fair as they could be," Scugoza added.
He said most of the landfill's 60 employees have been laid off because the landfill has ceased operations.
"We have four people out there cutting the grass, recycling the materials and doing the daily work. But this agreement will allow us to preserve the landfill pending the sale of the facility within the next 60 days. After that I will not be involved with this facility," remarked Scugoza.
"Unfortunately, the company has not been able to pay the tipping fees to the health department in recent months. We simply didn't have the money. But I hope this is all resolved within the next 60 days," noted Scugoza.
Scugoza next appeared before Bruzzese on July 23 to face a request for a preliminary injunction request filed by Bob Eubanks of the Ohio Attorney General's office.
"This order will run concurrently with the temporary restraining order issued two weeks ago by Judge Henderson," explained Eubanks following the July 23 hearing.
"Judge Bruzzese indicated this agreement will last 90 days but he did not set a date for the next hearing," Eubanks said that day.
