COMMONWEALTH OF Summary Trial Notice COUNTY OF WESTMORELAND Mag. Dist. No: Commonwealth of MDJ Name: Honorable Charles D, Moore V. Address: 12mm Center Drive Max Envrromental Technologies Ml. Pleasant, PA 15666 Telephone: 724?204-9046 Christopher W. Huffman, Esq Docket No: 35 Keystone Common Case Filed: 813112015 35 Pittsburgh St Greensburg, PA 15601 gghargets) LO 26 5 (Lead) Permitting and/or producing noxious odors and dust A Summary Trial has been scheduled for the above captioned case to be held onlat: Place: Magisterial District Court 10-3-10 121 Tech Center Drive . . Mt. Pleasant, PA 15666 Time. 1.00 PM 72?2o?9046 Date: Wednesday, October 7, 2015 This court has received your plea of NOT GUILTY to the above summary violation(s). The sum of $0.00 has been accepted as collateral for your appearance at trial. You have the right to be represented by an attorney. You have the right to have any witnesses present. it is your responsibility to notify your attorney and/or witnesses of this trial dateltime. Failure to appear for your trial shall constitute consent to trial in your absence and if you are found guilty, the collateral deposited shall be forfeited and applied toward the ?nes and costs. You shall have the right to appeal within 30 days for a trial de novo. It you have any questions, please call the above of?ce immediately. Should you fail to appear for your summary trial, a warrant may be issued for your arrest. September01,2015 Cg?/Za Date Charles D. Moore It you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. You can make case payments online through Unified Judicial System web portal. Visit the portal at to make a payment. MDJS 308 1 Printed. 0910112015 COMMONWEALTH OF COUNTY OF: WESTMORELAND Magisterial District Numben MDJ Name: Hon. Address: 10-3-10 Charles D. Moore 10 Mount Pleasant Rd. Scottdaie, PA 15683 Telephone: Docket No: Date Filed: OTN: NT-323-15 August 31, 2015 (Above to be completed by court personnel) - Notice: Under Pa.R.Crim.P. 506, your complaint may require approval by the attorney for the Commonwealth before it can be accepted by the magisterial district court. if the attorney for the Commonwealth disapproves your complaint, you may petition the court of common pleas for review of the decision of the attorney for the Commonwealth. Fill in as much information as you have. DEFENDANT: PRIVATE CRIMINAL COMPLAINT COMMONWEALTH OF VS. NAME and ADDRESS _l Max Enviromental Technologies, Inc 233 Max Lane, Yukon, PA 15698 (Fill in defendant's name and address) Defendant's El mate Black Asian CI NativeArnencan EI Hispanic El Unknown Defendant?s Sex El Female CI Male Defendant's D.0. B. Defendant?s SID {State identi?cation Number) Defendant's AKA {also known as} Defendant's Veiicie Information Plate Number State Defendant's Drivefs License Number Registration Sticker (talii?JYY) State 1, John Shannon, Code Enforcement Officer for South Huntingdon Twownship arne oi Complainant-Please Print or'l'ype} do hereby state: (check appropriate box) 1. accuse the above named defendant who lives at the address set forth above accuse the defendant whose name is unknown to me but who is described as El accuse the defendant whose name and popular designation or nickname is unknown to me and whom i have therefore designated as John Doe with violating the penal laws of the Commonwealth of at Township Ordinance 26 (Attached hereto) County on or about Westmoreland Violating South Huntingdon (Place?Political Subdivisan various dates from thru 7/4/15 Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Max Environmental Technologies, Inc. AOPC 411A?1o Page 1 of2 Defendant?s Name: Max Enviromental Technoiogies, inc. PRIVATE Docket Number: CRIMINAL COMPLAINT 2. The acts committed by the accused were: (Set forth a summary of the facts suf?cient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated, without more, is not suf?cient. in a summary case, you must cite the speci?c section and subsection of the statute or ordinance allegedly violated. The age of the victim at the time of the offense may be included, if known. In addition, soc/at security numbers and financial information (9.9. shoe/d not be iisted. if the identity of an account number must be estab/ished, fist arr/y the fast four digits. 204 Pa.Code 213. ?i - 213. 7.) A. In violation of South Huntingdon Twp. Ordinance 26 Subsection 5, the Defendant as a storer and/or depositor of industrial waste within the Township of South Huntingdon is permitting and/or producing noxious oders from their operations at their Yukon facility located at 233 Max Lane, Yukon, PA 15698, South Huntingdon Twp., Westmoreland County which oders are emenating into the South Huntingdon Township community on the following 21 days: 6/6/2015, 6/9/2015, 6/10/2015, 6/11/2015, 6/15/2015, 6/16/2015, 6/17/2015, 6/18/2015, 6/19/2015, 6/21/15, 6/22/15, 6/23/15, 6/24/15, 6/25/15, 6/28/2015, 6/30/2015/ 6/31/2015, 7/1/2015, 7/2/2015, 7/3/2015, 7/4/2015. Subsection 6 of South Huntindon Twp.Ordiniance it. 26 provides for a $100.00 ?ne for everyday a violation exists plus the cost of prosecution. In addition to the filing fees, South Huntingdon Township will encure $1,000.00 in attorney?s fees for the preparation and procution of this matter. All of which were against the peace and dignity of the Commonwealth of and contrary to the Act of Assembly, or in violation of Ordinance #26 and 5 (59050?) (Subsection) of the South Huntingdon Twp. Code Statute} 3. i ask that process be issued and that the defendant be required to answer the charges I have made. 4. I verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the: enalti of Secti 4904 of the Crimes Code (18 ?4904) relating to unsworn falsification to authorities. I [211/1 .v?i/L 8/1 1/201 5 A1 Date 1 Signature of Comptainant Of?ce of /he Attorney for the Commonwealth E/Approved DWed because: i -. i {Name of Attbmey for C?ommonwe'alh?Ptease Print or Type) (Signature of Attorneh?thl??monw-ealm) g" a AND NOW, on this date August 31 2 015 I certify the? plaint has been properly completed a% {Date} 10?3-10 ?5 (biagisten'al District) (issuing Authority) his i Charies D. incurs i Magisterial District?udge airingisteriai District 18-3-10 1P89820f2 i siestmoretand Caustic, Fifi i My Commission Es: lacs 4113-10 0?3; Oak'- No.26 .. 9.. u- PRESCRIBING REBUIATIONS FEE FOR STOREHS OH DEPOSITORS OF WASTES HIEHIN THF TOWNSHIP OF SOUTH PRESCRIPIHG PRNALTITS FOR ..1 I I I The Township of South Huntingdon hereby ordains and enacts: l. The term industrial wastes" shall mean damaged,defective or super? flous material producted during or left over from a manufacturing process or I industrial operation,and shall include material not usable for ordinary or main purpose of manufacturing,and shall be either liquid or solid form . 2. Every storer or depositorsof such industrial.wastes within the Town- ship of South Huntingdon;westmoreland obtain a license from the Township Secretary,which license or permit shall be in the 3 sum of TWO HUNDRED FIFTY ($250.00) such payment shall b? made before commencement of operations. 3. Emery storer or depositor %f such industrial wastes,shall locate . their Operations not nearer than six hundred (600) yards from the nearest public road or roads. h. Emery storer or depositors of such industrial wastes shall erect a chain fence around their operations as prescribed in Ordnance #25 of South Huntingdon Township,westmoreland . a 4. Every storer or depositors of industrial wastes,as aforesaid,shall permit no noxious odors,dust,or gas,from their operations. 6. Any person or firm or Corporation who or which shall violate any of the provisions of this 0rdinance,shall,upon conviction before any Justice of the Peace,be sentenced to pay a fine of ONE ($100.00) prosecution,PRn?IDEDJeach day's-continuance I lation of any of the provisions of this Ordinance}shall constitute a separ- ate offense. ORDAINED AND 3rd day of September,1966. TOP IF OF SOUTH HUNTINEDON President of Supervisors. u? ATTEST: 3' I Tmm?up emeamn COMMONWEALTH or PRIVATE COUNTY OF: WESTMORELAND 5i?) .It?l {t3} CRIMINAL COMPLAINT Magisterial District Number. 10?3-10 . . .. . ?amaiHm' COMMONWEALTH OF Charles D. Moore VS. Adm?: DEFENDANT: 10 Mount Pleasant Rd. NAME and ADDRESS Scottdale, PA 15683 . . TetephOne: (724)887?8800 Max Enviromental Technologies, Inc Docket No.: 233 Max Lane, Yukon, PA 15698 Date Filed: 6/23/14 OTN: (Above to be completed by court personnel) (Fill?in defendant?s name and address) Notice: Under Pa.R.Crim.P. 506, your complaint may require approval by the attorney for the Commonwealth before it can be accepted by the magisterial district court. If the attorney for the Commonvveatth disapproves your complaint, you may petition the court of common pleas for review of the decision of the attorney for the Commonwealth. Fill in as much information as you have. Defendant?s Defendant's Sex Defendant?s Defendant?s SID (State Identi?cation Number) El Write El Bled-t [1 Female Cl Asian Nathre mma Mal-e Hispanic El Defendaan AKA (also know-n as) Defendant?s Vet?de inronnation Defendant?s Driver's License Nurrber Plate Number State Registration Sticker Slate I, John Shannon, Code Enforcement Officer for South Huntingdon Twownship {Name of Complainant-Please PrintorType) do hereby state: (check appropriate box) 1. accuse the above named defendant who lives at the address set forth above . I accuse the defendant whose name is unknown to me but who is described as accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of at Violating South Huntingdon . (Place-Political Subdivision) Township Ordinance 26 (Attached hereto) in Westmoreland County 0" about _5/27/ 2012 continuing through 5/26/2014 Participants were: (it there were participants, place their names here, repeating the name of the above defendant) Max Environmental Technologies, Inc. 411mm Page 1 of2 Defendant?s Name: Max Enviromental Technologies, Inc. - Docket Number: ?43844 CRIMINAL COMPLAINT - 2. The acts committed by the accused were: (Set forth a summary of the facts suf?cient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated. without more, is not suf?cient in a summary case, you must cite the speci?c section and subsection of the statute or ordinance allegedly violated. The age of the victim at the time of the offense may be included. if known. In addition, sociai security numbers and financiai information (eg. PINS) should not be listed. if the identity of an account number must be established, ifst only the last four digits. 204 Pa.Code 213.1 - 213.7.) A. In violation of South Huntingdon Two. Ordinance if. 26 Subsection 2, the Defendant as a storer and/or depositor of inductrial waste within the Township of South Huntingdon has failed to obtain a license andlor permit from South Huntingdon prior to the commencement of operations of storeing and/or depositing inductrial waste at-their Yukon facility located at 233 Max Lane, Yukon, PA 15698, South Huntingdon Two, Westmoreland County during the time period set forth above. The Defendant has been in violation of this subsection for seven hundred and thirty (730) days. Subsection 6 of South Huntindon TWp.Ordiniance 26 provides for a $100.00 ?ne for everyday a violation exists for a total ?ne of $73,000.00 plus the costs of prosecution. in violation of South Huntingdon Ordinance 26 Subsection 3, the Defendant as a storer andlor depositor of inductrial waste within the Township of South Huntingdon is storing industrial waste within 600 yards of the nearest pubulic road at their Yukon facility located at 233 Max Lane, Yukon, PA 15698, South Huntingdon Two, Westmoreland County during the time period set forth above. The Defendant has been in violation of this subsection for seven hundred and thirty (730) days. Subsection 6 of South Huntindon Twp.Ordiniance 26 provides for a $100.00 ?ne for everyday a violation exists for a total ?ne of $73,000.00 plus the cost of prosecution. C. In violation of South Huntingdon Twp. Ordinance if. 26 Subsection 5, the Defendant as a storer and/or depositor of inductrial waste within the Township of South Huntingdon is permitting and/or producing noxious orders and dust from their operations at their Yukon facility located at 233 Max Lane, Yukon, PA 15698, South Huntingdon Twp., Westrnoreland County from on or about January 1, 2014 through the ?ling of this Complaint. Subsection 6 of South Huntindon Twp.Ordiniance 26 provides for a $100.00 fine for everyday a violation exists plus the cost of prosecution. All of which were against the peace and dignity of the Commonwealth of and contrary to the Act of Assembly, or in violation of Ordinance #26 and if 2,3 8 5 (Section) (Subsection) of the South Huntingdon Two. code Statute) 3. i ask that process be issued and that the defendant be required to answer the charges have made. 4. verify that the facts set forth invthis complaint are true and correct to the best of my knowledge or information and belief. This veri?cation is made subject to the penalties of Section 4904 of the Crimes Code (18 4904) relating to unsworn falsi?cation to authorities, . 6/27/2014 ?1 .. (?w/z?ufm Wm- Date Signature of Complainant Of?ce of the Attorney for the Commonwealth Approveg Disappro because: ?1 ,p A . . (we) ?ll Ca {Name orAuom??y for Coimbonneamntease Print orType} (Signatwe?f Attorney for Wireai?l} (Date) I . few genie . AND NOW, on this date JUNE 23. 2014 .lcertifymn?bee a - I g? (Magisterial District) (issuingAuthority) 6 3 kg ?gs . AOPC 4113?10 Page 2 of 2 {$62ng 365?