Ohio Attorney General Files Injunction against C&D Disposal Technologies

Ohio Attorney General Richard Cordray has filed a motion for a preliminary injunction against C&D Disposal Technologies LLC in Wintersville, Ohio, as well as its owner Joseph Scugoza, for alleged ongoing violations at the company’s construction and demolition debris facility, according to a press release issued by the Attorney General’s Office.

The Attorney General’s Office filed a lawsuit in April 2010 alleging 13 violations of the state’s construction and demolition debris and solid waste laws. Additional information from the Ohio Environmental Protection Agency (EPA) accuses the landfill of being filled with thousands of tons of waste above horizontal and vertical limits. In addition, the EPA says that the landfill was only licensed to accept construction and demolition debris.

The motion for preliminary injunction, asks the court to order C&D Disposal Technologies and Scugoza to stop accepting waste until they provide financial assurance for closure and post-closure care of the existing 23.5-acre fill area in the amount of $136,000 per acre; close the illegally overfilled area; conduct a topographical survey to determine the amount of waste disposed outside of the currently authorized limits; remove and properly dispose of the excess waste at an approved solid waste landfill; investigate areas around the railroad spur and haul road for unlawful disposal of construction and demolition debris and solid waste; install and operate a covered rail unloading area; and install a system to manage leachate.

The April 2010 complaint accuses C&D Disposal Technologies of accepting and disposing of solid waste at its facility at least eight times.

The company is also accused of causing water pollution by open dumping of solid waste and illegally disposing of construction and demolition debris in a nearby stream.