LANDFILL PROPOSAL County answers Lordstown suit

Lafarge and the Ohio EPA have yet to file responses to the lawsuit.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
WARREN -- The Trumbull County Health Department is the first to file a response to a lawsuit filed by the village of Lordstown.
The village is suing the department, the Ohio Environmental Protection Agency and Lafarge North America, the parent company of Lordstown Construction Recovery, in an effort to declare the company's permit for a construction debris and demolition landfill void.
The health department filed its response Wednesday, saying the village knew all along Lafarge had applied for a permit. By law, the health department, as an agency of the OEPA, is required to approve the application if it is in order.
Lafarge's permit was approved Aug. 22.
Matters of notice
Jason Earnhart of the Trumbull County Prosecutor's Office, the attorney for the health department, said "written and oral notice was, in fact, given to them concerning the allegations ... although such notice is not mandated by law."
In its suit, the village argued that the department did not notify village officials or residents that the permit application had been filed or that the county was reviewing and considering granting the permit.
Earnhart wrote in the response that notice of the permit application was provided May 6, and written notice of the Aug. 22 meeting, including a copy of the agenda, was mailed to the village and Mayor Arno A. Hill before the meeting.
In response to allegations the department failed to consider the impact of the proposed landfill on the village, its residents, the groundwater and the surrounding wetlands, Earnhart said the health department understands LCR may not proceed until it has met village zoning standards.
Hearing
Lordstown's board of zoning appeals held a hearing last month on a request from Lafarge for a special-use permit regarding the landfill. At that hearing, Lafarge representatives told village officials and residents that the site would accept construction debris only, and not solid waste items, such as paper or other biodegradable matter.
More than 100 people opposed to the landfill attended and spoke out against the permit. The hearing was continued to Oct. 28.
The OEPA and Lafarge/LCR have yet to respond.
Attorney Randy Rudloff, who represents Lafarge, said he plans to file within the next week or so.
The case has yet to be set for a hearing date.
slshaulis@vindy.com