STEUBENVILLE - The Jefferson County Prosecutor's office and the Ohio Attorney General's office on Tuesday asked two Jefferson County Common Pleas Court judges to order C&D Disposal Technologies landfill operators to follow local and state regulations.
The two legal agencies independently filed requests seeking preliminary injunctions against the Wintersville-area landfill facility, citing environmental issues.
Common Pleas Judge David Henderson has asked attorneys representing the Jefferson County Health Department and the landfill to appear before him at 3 p.m. Thursday.
Jefferson County Assistant Prosecuting Attorney Emmanuela Agresta, representing the health department, filed a request seeking a preliminary and permanent injunction and is asking Henderson to order the immediate closure of the facility.
Agresta said in her filing the landfill is currently operating without a construction and demolition debris license.
She also cited the landfill's owners failure to perform final closure of the facility and failure to submit monthly reports.
According to Agresta, the landfill is a nuisance and should be required to pay $10,000 for each day of the violations.
Agresta asked the court to allow the Ohio Environmental Protection Agency access to the landfill properties in the event the defendants fail to perform final closure of the facility.
"The defendants are currently unloading a train of 20 rail cars of waste for illegal disposal at the dump. In the past 30 days the defendants have unlawfully dumped approximately 10,000 tons of waste at the open dump. The cost to the state and to Jefferson County to correct the growing violations could be approximately $54 per ton plus transportation costs in the event the defendants never correct their unlawful disposal," cited Agresta.
"More important, the 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," stated Agresta in her court filing.
A hearing on the attorney general's request for a preliminary and permanent injunction against the landfill owners is scheduled for July 23 before Common Pleas Judge Joseph Bruzzese.
The attorneys representing the state attorney general are asking for the landfill operators to stop accepting construction and demolition debris and solid waste inside and outside the active 2008 licensed disposal area.
The legal documents filed Tuesday also ask Bruzzese to order the landfill operators to correct their failure to operate, maintain and repair the leachate collection system as well as the unlawful grading of waste placement slopes and illegally discharge of pollutants into local streams and creeks.
The landfill has been denied an operating license by the board of health in 2010, 2011 and 2012 and has appealed the denials to the Environmental Review Appeals Commission.
The attorneys are also asking the judge to order the landfill owners to pay the state $10,000 a day for every day the facility is in violation of state regulations.
