Neville commissioners are having the township solicitor research the possibility of closing a local rendering plant that recently was fined $13,550 for releasing foul odors. Township Solicitor John Mulroy said he is examining the state Air Pollution Act to determine whether the township has the right to order the closing of Valley Protein, which has about 40 employees. Last week, the Allegheny County Health Department fined the Neville Road plant for odor and equipment violations on June 16 and July 29. The plant, which has about 40 workers, has been closed since Aug. 7 to repair leaks in a steam shaft and a malfunctioning air scrubbing system that allowed odors to escape. Health Department spokesman Guillermo Cole said he was told the plant would open by Friday, the third date that has been given for the plant's reopening. Neither President J.J. Smith nor Vice President Michael Smith of Virginia-based Valley Protein returned calls for comment Tuesday. The plant gathers restaurant cooking grease and inedible waste from slaughterhouses and turns them into liquid to make animal feed and cosmetics ingredients. Company officials previously said that because of the shutdown, all animal parts have been removed from the plant and taken to other rendering plants. Valley Protein is the only rendering plant in Allegheny County. Mulroy said a judge would be more likely to grant an emergency order to close the plant if the township shows it is causing immediate, irreparable harm to Neville and surrounding communities. Bradley Tupi, environmental law expert for the Allegheny County Bar Association, said municipalities going after a private business for pollution violations must show several examples that the business has a negative effect on residential life. "Municipalities have the right and duty to enforce its ordinances," Tupi said. "If they would file a lawsuit, they would have the burden of proof to show a preponderance of evidence. The court would have to consider a host of factors such as: How acute is the odor• Is it all day and all night or is it seasonal• Has the odor been there for a long time or have complaints started recently• The judge looks at how many employees are affected." Neville commissioners President Robert Tafelski said he wants to meet with supervisors from surrounding townships whose residents also have complained of smells from Valley Protein. He also plans to ask for support from the Char-West Council of Governments, which is meeting tonight. Township secretary Denise Moore said officials would like to have "power in numbers" in their campaign for better-smelling air. She said the smell also has affected residents of Kennedy, Coraopolis, Emsworth and Robinson. Township officials said almost 60 people complained to the Neville police department in July about odors from the plant. Neville has an odor control ordinance that would allow the township to fine the company based on the intensity of the odor, how far away it is detected and for how long. However, the township has not fined Valley Protein since the mid-1990s, Moore said. "We should raise the (maximum) fines from $2,500 to $5,000 and fine them every day," said commissioners Vice President James McGrath. "They need to be shut down." Cole earlier said that while the smell from Valley Protein can be unpleasant, it doesn't pose serious health risks. Township officials said they want to start getting tougher with the plant, especially after an incident in late July when the stench from the facility was detected as far away as Robinson.

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