LORDSTOWN Battle over landfill looks to drag on

A zoning appeals hearing has been postponed indefinitely because of the court case.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
LORDSTOWN -- It looks like a drawn-out battle is shaping up between a company that wants to open a construction debris landfill here and the village officials who oppose it.
"The whole process could take two or three years, initially," said Paul S. Dutton, the attorney representing Lordstown in a lawsuit against Lafarge North America, parent company of Lordstown Construction Recovery.
Dutton said all parties are in the process of discovery, where both sides present documents and other information pertinent to the case.
"We have scheduled some depositions with representatives from Lafarge and we will also schedule some with the Ohio [Environmental Protection Agency]," Dutton said.
Hearing delayed
Because of the pending court action, a hearing set for Monday before the Lordstown Board of Zoning Appeals has been postponed indefinitely, Dutton said.
The hearing was to be used to consider a request by Lafarge for a special use permit to operate the construction debris facility. That won't happen now until after the court case is heard, Dutton said, adding that with appeals, it could take several years.
The lawsuit is assigned to Judge Andrew Logan in Trumbull County Common Pleas Court. No hearing date has been set.
A spokeswoman in the clerk of courts office said the Ohio EPA has asked for an extension to give it time to file a response to the suit. The response will be filed by Nov. 18, she said. Lafarge has filed responses denying the village's contentions in the lawsuit.
A hearing date could come as much as several months after the final response is filed, the clerk said.
Suit filed
The village filed the suit in September against Lafarge, LCR, the Trumbull County Health Department and the EPA asking that a permit approved by the health department for the company to operate the landfill on Newton Falls-Bailey Road be declared void.
The suit contends the health department, acting as an agent of the OEPA, did not notify village officials or residents that the permit application was filed by Lafarge. The permit was approved by the health department in August.
Village officials also say Lafarge provided information to the zoning appeals board that differed from the permit application, including variations in groundwater monitoring procedures and days of operation.
More than 100 residents attended that meeting in early September to voice opposition to the proposed landfill. Most concerns centered around increased traffic and noise and the possibility of odors and health hazards.
Lafarge accepts granulated slag and other mill waste at the Newton Falls-Bailey Road facility but wants to add construction waste.
slshaulis@vindy.com