Saturday, February 24, 2007

 

EPA leaves door open for Countywide landfill

BY Paul E. Kostyu
The Canton Repository

COLUMBUS - The Ohio Environmental Protection Agency recommended Wednesday that the Countywide landfill be denied a license to operate, but provided an out to keep it in business.

In a letter to William Franks, Stark County's health commissioner, Ohio EPA Director Chris Korleski said the landfill "is not in substantial compliance with Ohio's environmental laws."

The health board is expected to read the letter today at a meeting but not take any action on it.

Korleski told Franks, "I do not make this recommendation lightly, because ... the entire facility," not just the landfill's problematic 88 acres, "would be shut down."

But Countywide Recycling and Disposal Facility on Gracemont Street SW in Pike Township will not be shutting down any time soon, if ever.

Korleski said closing the facility will not solve its problems. To bring it into compliance with the law, he suggested seven minimum orders.

REPUBLIC RESPONDS

Will Flower, a Florida-based spokesman for Republic Services which owns Countywide, said the landfill has been aggressively addressing issues and there is no need to shut the facility.

"We've added gas collection wells; we've added landfill flares," he said. "We capped large portions of the site. We added an odor neutralizing system. All those things worked. We probably did more than what was required."

A landfill fire expert told the Ohio EPA Friday that two fires are burning inside Countywide. And Korleski said in an interview the fires and odor are underlying problems that have to be solved before the landfill can be in compliance.

"These odors have bothered people far too long," he said.

"I'm perplexed as to the director's recommendation in light of our operation history," Flower said. "Our environmental compliance history is very pristine. You need to recognize that the day-to-day operation is what the license is all about. Our responsibility is to be environmentally sound and to manage society's waste properly. We're not going to shirk either responsibility. We will do whatever is necessary to be in compliance."

REVIEWING THE DATA

The landfill accepts 6,000 tons of waste per day.

If the Stark County Health Board denies the operating permit, Republic Services can appeal to Franks, the state's Environmental Review Appeals Commission (ERAC) and the courts.

A separate case related to the EPA's approval of Countywide's expansion plans has been at the appeals commission for about two years. A hearing on that case is scheduled for Friday and opponents of the landfill are expected to use Korleski's letter to try to reverse the expansion decision. Korleski said the expansion approved by the EPA during a different administration was lawful.

Korleski said he read all the "maybe 200 emails" from proponents and opponents of shutting down Countywide and talked to local officials and state legislators.

"I spent most of the time last week on this issue," said Korleski, who visited the landfill on his second day on the job as EPA director.

Korleski's recommendation did not suggest a timeframe for Countywide to complete changes.

"We will insert a tight deadline," he said. "We don't want to wait six months for proposals. It will be more like 30 to 45 days."

LAWMAKERS REACT

State lawmakers whose constituents are affected by Countywide generally expressed satisfaction with the EPA's action.

"I'm surprised they've gone this far," said State Rep. John Hagan, R-Marlboro Township. "(The EPA) takes this serious, which is great and it will force faster, positive action."

Hagan, however, doesn't want the landfill shut down.

"In the real world," he said, "we continue to need landfills and need them to operate properly and protect citizens."

Hagan, whose district includes Countywide, said he is working on legislation to "tighten the rules and laws" affecting solid waste landfills. They have not been updated since 1986, he said.

"I think finally we have an answer from the Ohio EPA," said State Sen. Jason Wilson, D-Bridgeport. "The homeowners and residents of Stark and Tuscarawas counties can be assured that the EPA is fighting for them."

"I think (the EPA) came to the right decision through analysis of the situation and an understanding of the magnitude of the problem," said State Sen. Kirk Schuring, R-Jackson Township.

In a Jan. 25 letter to Korleski, Schuring requested the landfill's operating permit be delayed, suspended or denied until problems are corrected.

"I'm very happy with the recommendation to not renew at this time," said State Rep. Allan R. Sayre, D-Dover. "It's refreshing to have a director who is truly out for the best interest of the people."

State Sen. John Boccieri, D-New Middletown, said Countywide has to be forced into compliance, though that doesn't mean the landfill should be shut down permanently. He said it's important the Ohio EPA regulate such nuisances instead of putting the burden of proof on citizens.

LANDFILL OPTIONS

The Ohio EPA suggests the Countywide landfill could be allowed to continue operating if it meets these conditions:
  • Severely limiting how much waste it takes in until it can show the landfill is stable and safe.
  • Submitting more data on air quality and odor emissions.
  • Developing options to deal with its underground fire.
  • Enhancing its odor control system.
  • Putting up more money for its bond.
  • Paying a fine.