A civil case against Marietta Industrial Enterprises originating in August 2010 has been officially reopened by the Washington County Common Pleas Court after it was put on hold for several years.
The case against MIE owner Scott Elliott has been dropped, said Kate Hanson, public information officer with the Ohio attorney general, where the case was filed.
"(He) could not be held personally liable (for the violations), so (the case against him) has been dismissed," Hanson said.
In a criminal case, which was resolved in December, MIE pleaded guilty in U.S. District Court to a felony count of failing to report violations of its permit, and Elliott pleaded guilty to a misdemeanor count of being an accessory. MIE was fined $50,000 and Elliott was sentenced to two days in jail and six months of home confinement.
Until the federal case, which originated in 2010 from violations dating back to 2005, was resolved, the civil case had been put on hold.
MIE released a statement through representing attorneys Steptoe & Johnson in Charleston, W.Va. Friday saying the company will continue forward under the leadership of Elliott.
"Any actions taken by Mr. Elliott on behalf of the company have been and will continue to be in his capacity as President of MIE," the statement said. "Along with Mr. Elliott, the company and its employees are committed to compliance with all environmental regulations."
According to the U.S. Attorney's office, fines from the federal case amounting to $37,500 for the company and $5,000 for Elliott, personally, have not been paid. Letters have been sent to both parties regarding collection.
The civil case against MIE, which stems from the same 26 violations that triggered a federal criminal case against the company, is for Title V permit air emissions violations. Some of those violations include: failure to comply with visible emissions limitations, failure to comply with record keeping requirements, failure to report a malfunction of emission control equipment, failure to comply with terms and conditions of Title V permit emissions testing and causing or allowing open burning.
Hanson said the next step of the case will occur in July.
"An upcoming status conference has been set for July 18," she said.
In its statement, MIE said it does not comment on ongoing litigation."But (MIE) does feel confident that the parties will be able to come to a mutually agreeable resolution of this matter," the release said.