Waste Operator Hearing Postponed; the Courtroom Battle between South Huntingdon and a Yukon Industrial Waste Treatment Operator over Accusations It Allowed Noxious Odors to Blow onto Neighboring Homes Was Postponed Tuesday When the Judge Agreed to Step Aside from the Case. [Derived Headline]

By Napsha, Joe | Tribune-Review/Pittsburgh Tribune-Review, August 16, 2016 | Go to article overview

Waste Operator Hearing Postponed; the Courtroom Battle between South Huntingdon and a Yukon Industrial Waste Treatment Operator over Accusations It Allowed Noxious Odors to Blow onto Neighboring Homes Was Postponed Tuesday When the Judge Agreed to Step Aside from the Case. [Derived Headline]


Napsha, Joe, Tribune-Review/Pittsburgh Tribune-Review


The courtroom battle between South Huntingdon and a Yukon industrial waste treatment operator over accusations it allowed noxious odors to blow onto neighboring homes was postponed Tuesday when the judge agreed to step aside from the case.

East Huntingdon District Judge Charles Moore agreed to a request from Christopher Capozzi, an attorney representing MAX Environmental Technologies Inc., to recuse himself because he heard the township and company representatives discuss negotiations to settle the citation filed in April over the odors. Moore had discussed the merits of settling the case prior to a hearing and that the township wanted steps taken to stop the odors.

"It could influence your decision. You've heard so much in this case," Capozzi said after more than an hour of discussion before the expected start of the hearing.

Moore, who conducted a hearing in January on a complaint over dust and odors wafting from the plant, said he was not deeply involved in the case.

"It was to see if you could come to a reasonable agreement. I want to get it solved," Moore said.

Moore and Capozzi declined to comment following the proceedings.

"It's a little late," Christopher Huffman, township solicitor, said of Capozzi's last-minute request that Moore recuse himself.

Westmoreland County Court will decide which district judge hears the case, Huffman said.

South Huntingdon had cited MAX Environmental Technologies for allowing odors to escape its property 101 times between July 2, 2015, and Feb. 17 in violation of a township ordinance. Under the ordinance, the township cited Upper St. …

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Waste Operator Hearing Postponed; the Courtroom Battle between South Huntingdon and a Yukon Industrial Waste Treatment Operator over Accusations It Allowed Noxious Odors to Blow onto Neighboring Homes Was Postponed Tuesday When the Judge Agreed to Step Aside from the Case. [Derived Headline]
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