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ASHLEY — A deal was reached and a deal was broken.
In March, a stipulation to clean the Huber Breaker property was entered into by the Department of Environmental Protection (DEP) and Paselo Logistics LLC. The stipulation, entered in front of Judge Fred A. Pierantoni III, said Paselo Logistics LLC, the owner of the property on Main Street, had 45 days to clean up the site.
The 45-day clean-up stipulation ended April 29.
On Monday, DEP Community Relations Coordinator Colleen Connolly said an inspection was performed May 3 and ‘Paselo Logistics has not complied with our or the county judge’s order to clean-up all debris.”
According to the report, provided by Connolly, no one represented Paselo Logistics LLC during the inspection, but two representatives from Ashley Borough were in attendance and the site is in violation of the Pennsylvania Solid Waste Management Act.
Paselo Logistics LLC was in violation of the five corrective action items from the March 14 order. Those corrective action items include:
• within 10 days of the order, secure all drums and containers within a secondary emergency containment structure and characterize the waste
• within 20 days of the order, excavate and consolidate the contaminated soil and place the drums on material that is waterproof so the contaminated liquids in the drums can’t spill and “to protect the property from further contamination”
• within 30 days of the order, all contaminated soil, waste and containers as well as liquid and contaminated debris must be characterized
• within 45 days of the order, the waste, soil, liquid and debris shall be removed from the property and in permitted landfills or facilities
• within five days of proper disposal, receipts are to be submitted to the department for verification of proper disposal
“The next step is to file a petition (to ask the judge to hold them in contempt),” Connolly said.
During a council meeting in April, it was said a 40-gallon container was taken from the site. A report noted a container of asbestos was removed but no receipts of disposal were provided to the DEP.
Built in 1939 and closed in 1976, the Huber Breaker was operated by Blue Coal Corporation, a predecessor to Glen Alden Coal Co.
Paselo, of Philadelphia, and Reivia Ashley LLC, of Wyckoff, New Jersey, bought the property in October 2013 for $750,725 from No. 1 Contracting Corporation.
The two parties, Paselo and Reivia Ashley, are in their own legal battle in Philadelphia courts. In a suit filed in September 2014, Reivia Ashley, owner Ronald Garner accuses Paselo Logistics LLC of stealing money and scrap metal from the former coal processing site, asking to have the money returned and keep Paselo off the property.
When called for comment Monday afternoon, Johnathon Comitz of Comitz Law Firm, of Wilkes-Barre, who represents Paselo Logistics LLC locally, was not available.