City to fight motion to dismiss appeal of EPA landfill ruling

A response to an attorney general's office motion will be filed next week.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- City Law Director Mark Standohar plans to fight a motion by the attorney general's office to dismiss the city's appeal of an Environmental Protection Agency ruling in regard to Total Waste Logistics.
The Ohio EPA, in mid-December, ruled that the company looking to open a landfill off U.S. Route 422 in the city would not have to meet new state regulations addressing construction and demolition-debris landfills before it could begin operation. Standohar filed an appeal to the ruling, but the attorney general's office asked that the appeal be dismissed because it was filed too late.
Standohar maintains that the appeal was filed on time, but said a series of unfortunate events has led to the current disagreement.
According to Standohar, the EPA decision was made Dec. 19 with a notice appearing in a local newspaper two days later on Dec. 21. The decision, he said, was mailed Dec. 27 to the Trumbull County Board of Health instead of to the Girard Board of Health and did not reach the Girard Board of Health until Jan. 3.
Review delayed
The city hired Columbus-based Bennett & amp; Williams Environmental Consultants in July 2005 to examine the Total Waste Logistics landfill application for deficiencies.
Standohar said the city health department, upon receiving the ruling Jan. 3, sent the ruling to Bennett & amp; Williams. The person in charge of overseeing the Girard landfill situation, he said, was out sick for two weeks, thus further delaying his review of the document.
Standohar said he was not made aware of the ruling until Jan. 24. He said he filed an appeal with the Environmental Review Appeals Commission at that time.
Standohar said the attorney general's office is counting the appearance of the notice in the paper Dec. 21 as the starting date for the 30-day time frame in which an appeal is allowed. He said the 30-day window actually does not start until the city receives notice of the ruling via mail.
Standohar said he will file a response to the attorney general's motion sometime next week.
jgoodwin@vindy.com