Waste district appeals ruling
BY Robert Wang
The Canton Repository
BOLIVAR - Like Jason from the “Friday the 13th” movies, the legal appeal of the Countywide Landfill’s expansion never seems to die.
The local waste district board Wednesday voted 5 to 3 to appeal a ruling by a state panel that upheld the granting of an expansion permit to the Countywide Recycling and Disposal Facility.
The motion’s supporters were Stark County Commissioner Todd Bosley, Wayne County Commissioner Scott Wiggam and Tuscarawas County commissioners Jim Seldenright, Chris Abbuhl and Kerry Metzger.
Those against were Wayne County Commissioner Ann Obrecht and Stark County commissioners Jane Vignos and Tom Harmon.
In 2003, the Ohio Environmental Protection Agency granted Countywide a permit to expand by 170 acres at its Pike Township facility. The Stark-Tuscarawas-Wayne Joint Solid Waste Management District, the village of Bolivar and the group Club 3000 appealed.
The Ohio Environmental Review Appeals Commission took four years before upholding the decision, dismissing arguments that the landfill expansion could cause slope instability or contamination of the area’s water.
The district directed its attorneys to file an appeal with the state’s 10th District Court of Appeals in Columbus, which handles appeals of commission rulings. Kristin Zemis, an attorney for the waste district, said she expects to file the appeal with the court today, along with the village of Bolivar.
CHANGE OF HEART
The surprise vote came from Bosley, who said earlier this month that he opposed an appeal, due to the mounting litigation costs. He changed his mind after speaking with the district’s attorneys in a closed-door session.
“We’ve made an investment in it, and I think we need to follow through,” he said. “I think it needs to be seen through to the end.”
With Wayne County Commissioner Cheryl Noah, who usually sides with the Tuscarawas County commissioners in opposing Countywide absent, Bosley was the key swing vote.
Harmon said the chances the district would prevail with the 10th District court were slim. He added that he didn’t favor spending more since the district already has paid more than $300,000 in legal fees.
“I decided it was probably a dog chasing its tail in this case,” he said.
Appealing to the 10th District court is estimated to cost about $25,000 to $40,000.
The Tuscarawas commissioners, who regularly have voted to put legal hurdles in Countywide’s path, could not be reached for comment. A large number of northern Tuscarawas residents consider the landfill a hazard. Vignos, who opposed the original 2003 appeal, also could not be reached.
Wiggam said, “I decided this (appeal) was in the best interest of the district.” He declined to say specify why, but did cite the underground fire that the EPA believes is burning in the landfill.
Countywide General Manager Tim Vandersall said the appeal would delay construction on a new Interstate 77 ramp that would allow garbage trucks to bypass residential neighborhoods. Under an agreement with Pike Township, the landfill isn’t obligated to fund the ramp until all appeals have been settled.
“It’s time to stop spending on attorneys and consultants, and start spending the money they get from area landfills on real tangible projects,” Vandersall said.
The Canton Repository
BOLIVAR - Like Jason from the “Friday the 13th” movies, the legal appeal of the Countywide Landfill’s expansion never seems to die.
The local waste district board Wednesday voted 5 to 3 to appeal a ruling by a state panel that upheld the granting of an expansion permit to the Countywide Recycling and Disposal Facility.
The motion’s supporters were Stark County Commissioner Todd Bosley, Wayne County Commissioner Scott Wiggam and Tuscarawas County commissioners Jim Seldenright, Chris Abbuhl and Kerry Metzger.
Those against were Wayne County Commissioner Ann Obrecht and Stark County commissioners Jane Vignos and Tom Harmon.
In 2003, the Ohio Environmental Protection Agency granted Countywide a permit to expand by 170 acres at its Pike Township facility. The Stark-Tuscarawas-Wayne Joint Solid Waste Management District, the village of Bolivar and the group Club 3000 appealed.
The Ohio Environmental Review Appeals Commission took four years before upholding the decision, dismissing arguments that the landfill expansion could cause slope instability or contamination of the area’s water.
The district directed its attorneys to file an appeal with the state’s 10th District Court of Appeals in Columbus, which handles appeals of commission rulings. Kristin Zemis, an attorney for the waste district, said she expects to file the appeal with the court today, along with the village of Bolivar.
CHANGE OF HEART
The surprise vote came from Bosley, who said earlier this month that he opposed an appeal, due to the mounting litigation costs. He changed his mind after speaking with the district’s attorneys in a closed-door session.
“We’ve made an investment in it, and I think we need to follow through,” he said. “I think it needs to be seen through to the end.”
With Wayne County Commissioner Cheryl Noah, who usually sides with the Tuscarawas County commissioners in opposing Countywide absent, Bosley was the key swing vote.
Harmon said the chances the district would prevail with the 10th District court were slim. He added that he didn’t favor spending more since the district already has paid more than $300,000 in legal fees.
“I decided it was probably a dog chasing its tail in this case,” he said.
Appealing to the 10th District court is estimated to cost about $25,000 to $40,000.
The Tuscarawas commissioners, who regularly have voted to put legal hurdles in Countywide’s path, could not be reached for comment. A large number of northern Tuscarawas residents consider the landfill a hazard. Vignos, who opposed the original 2003 appeal, also could not be reached.
Wiggam said, “I decided this (appeal) was in the best interest of the district.” He declined to say specify why, but did cite the underground fire that the EPA believes is burning in the landfill.
Countywide General Manager Tim Vandersall said the appeal would delay construction on a new Interstate 77 ramp that would allow garbage trucks to bypass residential neighborhoods. Under an agreement with Pike Township, the landfill isn’t obligated to fund the ramp until all appeals have been settled.
“It’s time to stop spending on attorneys and consultants, and start spending the money they get from area landfills on real tangible projects,” Vandersall said.
