STEUBENVILLE - The managing partner of the C&D Disposal Technology landfill has been ordered to return to a Jefferson County courtroom on Nov. 21 and to be ready to discuss final closure plans for the landfill.
"It's time for this to go away. I don't want to hear any excuses. When we meet again on Nov. 21 there will be an order issued. You will come out of the hearing with a definitive order," Jefferson County Common Pleas Judge Joseph Bruzzese told Joseph Scugoza Jr. on Monday.
According to assistant Jefferson County Prosecutor Emanuela Agresta, a preliminary injunction against the landfill was applied for in 2012.
"Mr. Scugoza was to take care of a nuisance complaint at the end of 2012. But because he said there was the potential for the sale of the landfill we decided to wait. We now need some finality to this issue. There are also health concerns at the landfill. We are asking for a final hearing. If the landfill owners can't close the landfill, the Ohio Environmental Protection Agency can come in and do the final closure. That will include the removal of tires from the site. But we need a final judgment and access to the property. And the issue just isn't tires. The recycling area also needs to be cleaned up," stated Agresta.
Scugoza said he has a company that wants to clean up the landfill, "but they have received no assistance from the OEPA. I have been working very hard to get this resolved. I have a signed lease for the property. But the OEPA is telling that potential lessee bad information about me."
According to assistant Ohio Attorney General Robert Eubanks, "there are three issues at the C&D Landfill.
"Number one is the cleanup of the recycling area. Number two is the removal of the tires at the landfill. And number three is the final closure of the C&D landfill," said Eubanks.
"I don't want to hear any excuses. On the 21st there will be an order. I want this done," stated Bruzzese.
Jefferson County Health Department Sanitarian Marc Maragos told the board of health members last month one issue at the C&D landfill is the piles of tires at the site.
"Some of them are whole tires while others are shredded. The Ohio EPA has a program to deal with a large number of discarded tires, and the state agency plans to remove those tires and properly dispose of them. The OEPA was at the site measuring the height and diameter of each tire pile and they will make a determination of how many tires are actually at the landfill," said Maragos.
The Ohio attorney general's office filed a lawsuit against the company and managing partner Joseph Scugoza in Jefferson County Common Pleas Court in April 2012 alleging 13 counts that violated the state's construction and demolition debris and solid waste laws.
According to Erin Strouse, an OEPA spokesperson, additional information came to light after the complaint was filed suggesting that the landfill had been over filled by thousands of tons of waste above the approved horizontal and vertical limits of waste placement.
"The facility was licensed by the Jefferson County Board of Health to accept only construction and demolition debris. The facility was never licensed by the board of health or Ohio EPA to accept solid waste," said Strouse.