A two-count complaint has been filed in the Carbon County court by Lower Towamensing Township against a property owner who the township claims failed to properly dispose of refuse associated with a fire at the defendant's former residence in December 2013.

Attorney James Nanovic, township solicitor, filed the action on behalf of the township against Scott A. Smith of Emmaus concerning a home he owned and occupied at 2385 Little Gap Road in Palmerton, before the fire there on Dec. 1 two years ago.In the suit, the township cites an ordinance it has requiring an insurance company to pay a portion of insurance proceeds to the township as security against the cost of removing, repairing or securing a property damaged by fire. Accordingly, the American Security Insurance Company complied with the ordinance by sending the township $17,423.71 in "fire escrow proceeds" that is now at issue between the parties.The suit states Smith has asked the township to release the funds, but the township has asked the court to permit the township to use the funds to remediate the property.In its pleadings, Lower Towamensing says it is believed Smith did not properly dispose of remnants of the building, but buried them in the ground. They include a fuel tank, timbers, masonry, electric wiring, piping and charred remains of the home.The township contends the defendant has otherwise failed to provide documentation that the materials were removed from the site and properly placed in a landfill or other appropriate disposal.In Count 1, the township charges Smith with violation of the Solid Waste Management Act, which, in part, states it is unlawful for any person to store, collect or dispose of any solid waste contrary to the rules and regulations adopted under the act.The township says civil penalties under the act may be assessed in the amount of $25,000 per offense. It is asking the court to declare Smith in violation of the act, assess civil penalties deemed appropriate by the court, and to permit the township to enter the property, excavate the property and remove materials buried there and dispose of them properly in accordance with the act.The township is also seeking the court award damages in its favor for the cost of remediating the property.In Count II, the township contends the defendant has created a public nuisance at the property, stating neighbors have complained to the township regarding solid waste left on the premises.It is asking the court to make the declaration of a public nuisance, order Smith to excavate the solid waste placed there and properly dispose of it, and, in lieu of the defendant removing the waste, allowing the township to do so and pay for its costs with the fire escrow proceeds.