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. Arguments are scheduled for Dec. 20.

According to the release, the Attorney General’s Office filed a lawsuit in April 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 complaint accused 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.

The Attorney General’s Office says the Ohio EPA and Jefferson County health department inspected the facility multiple times and sent multiple notices of violation to the company and Scugoza, but concerns about the facility continued.

“After many opportunities, the company has failed to address the numerous violations that continue to pose a threat to the environment and public safety,” says Cordray. “We are now forced to ask the court to intervene and order the landfill to stop operating until it comes into compliance with the law.”