AUSTINTOWN An Austintown couple has filed a civil lawsuit in federal court against a North Canton trucking company, alleging that a 2024 truck crash on the Ohio Turnpike resulted in thousands of gallons of tar spilling onto their property.

Ray and Kelly Conti of Canfield filed a complaint last month in federal court, claiming that a Kenan Advantage Group truck overturned on July 3, 2024, releasing an emulsified tar on their 48-acre property on Whispering Pines Drive. The couple claims that the spill coated the banks of their stream and nearby plants.

According to the lawsuit, the asphalt, described as a "tar-like substance in a liquid state," traveled under the turnpike through a culvert and entered the Contis’ land, as well as the Meander Reservoir, which is a local drinking water source. The Ohio Environmental Protection Agency reported that the Contis’ stream was covered with a layer of asphalt, approximately 1 to 2 inches thick.

The lawsuit also states that the stream was affected by misplaced rock and gravel from the cleanup efforts.

The couple's lawsuit includes claims under the Comprehensive Environmental Response, Compensation, and Liability Act for cleanup costs and the Clean Water Act for unpermitted pollution. They are also pursuing state law claims for private nuisance, trespass, and damage to trees. They contend that during the cleanup, Kenan damaged or removed several trees without permission. They also allege that heavy machinery on their property damaged gravel roads and the stream.

Court documents state that a temporary earthen dam placed on the Contis' stream by Ohio EPA and Kenan contractors gave way during heavy rain that evening, allowing "several thousand gallons of the asphalt tack coating downstream" into the Meander Reservoir and spread the material further across their property. The Contis also claim a new footbridge built by Kenan on their property after the spill is "unstable."

 

The Contis are seeking repayment for cleanup expenses, civil penalties under the Clean Water Act, and financial compensation for the alleged nuisance, trespass, and tree damage. They are also asking for an order to compel Kenan to address the ongoing issues and remove pollutants from their stream.

The lawsuit states that the driver "lost control" of the truck. The Ohio State Highway Patrol's crash report indicates the truck left the road, struck a disabled vehicle, hit a guardrail, and overturned. Approximately 4,500 gallons of the truck's 6,500-gallon capacity were not recovered after the incident.

The trucking company has yet to file a response to the lawsuit. 21 News has reached out to company officials and is waiting for a reply.