The DEP pointed out that the site has a history of fires, and the companies continue to dispose of unpermitted wastes, stockpiling and unsafely storing potentially flammable and explosive scrap magnesium.
“The conditions at the site are a threat to public health and the environment, as evidenced by numerous fires over the years,” DEP Northwest Regional Director Kelly Burch said.
“We have tried to get the companies and their owner to address these conditions to no avail,” Burch said. “Taking this issue to court in Lawrence County is an option that we hope will bring an end to this dangerous situation.”
The DEP noted that they have attempted to have the company owner to address the situation and resolve longstanding violations of environmental laws.
In August 2005, scrap magnesium materials caught fire at the site and destroyed all of the processing equipment. As a result, no scrap magnesium materials have been processed since August, but the companies still accept and store additional scrap magnesium on site.
The agency estimates that around 3.8 million pounds of scrap magnesium materials are present at the site.
Recent inspections indicate scrap magnesium is being stored unsafely in combustible containers, exposed to weather conditions that could trigger another fire and/or explosion.
In addition, thousands of pounds of waste that were generated from past operations and the August 2005 fire remain unlawfully disposed at the site rather than being disposed of at a permitted facility.
DEP is asking the Lawrence County Court of Common Pleas to issue an order that would require the companies and its owner, Joseph Jackman, to do the following:
· Immediately halt deliveries of magnesium scrap to the site.
· Properly label all drums of waste at the site.
· Stabilize existing scrap magnesium for proper storage or removal.
· Remove all waste material from the site for proper disposal or recycling by the end of this year.
The U.S. Occupational Safety and Health Administration, Taylor Township supervisors and Taylor Township fire officials also have been involved in the investigation of the hazardous conditions at the site. OSHA did cite the yard earlier this year for some violations.