State files charges against local trash hauler
The state attorney general filed charges against a North Union Township waste hauler for allegedly burning, dumping and transporting solid waste without a permit last fall. The charges were filed Wednesday against David Michael Franks, owner and operator of Franks Sanitation at 214 and 226 Starlite Road.
Although the criminal complaint against Franks was filed at Magisterial District Judge Wendy Dennis’s office, he had not been served with a summons informing him of the charges as of Thursday. The summons will be sent by mail.
Franks, 56, of 2 Barton Mill Road, Uniontown, does not have listed phone number and could not be reached for comment.
In a press release, Attorney General Tom Corbett said Franks allegedly transported household and business waste to his business, which is on two adjacent lots. Recyclable material was removed and the remaining trash was piled around the property or burned, Corbett said, noting that some of the garbage originated from the Uniontown area and from Virginia.
The complaint, according to Corbett, says the state Department of Environmental Protection and North Union Township officials received numerous complaints from residents about burning waste and smoke from Franks Sanitation.
The complaints were referred to the attorney general’s environmental crimes section in August and agents conducted aerial surveillance over the site on Oct. 4, 18 and 25 and Nov. 6.
Corbett said agents observed numerous open fires, an extensive amount of waste on the ground and waste encroaching on a stream.
Agents executed a search warrant on Nov. 8 and saw three large waste fires, numerous piles of waste that included bags of household trash, discarded tires and demolition debris, Corbett said.
The charges against Franks are six counts of burning waste and one count each of dumping solid waste, transporting solid waste, operating a waste facility with a permit and creating a pubic nuisance. Each charge is a third-degree misdemeanor punishable by up to one year in prison and a fine of $1,000 to $25,000.
He also was charged with two counts of violating the state’s Air Pollution Control Act, a second-degree misdemeanor carrying a maximum penalty of two years in prison and a $50,000 fine.