Objection to city's appeal rescinded by state official

Stopping the landfill will still be an uphill battle, the law director said.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- The city is clear to pursue its appeal to an Environmental Protection Agency ruling in regard to Total Waste Logistics after Attorney General Marc Dann withdrew a motion to dismiss Girard's appeal.
In mid-December, the Ohio EPA 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.
City Law Director Mark Standohar appealed the ruling, but the attorney general's office asked that the appeal be dismissed because it was filed too late.
Standohar told city council at its meeting Monday that the attorney general's office has issued a letter rescinding its objection to the appeal. The attorney general also stated in the letter that he shares the city's concerns about the landfill and feels the landfill should be made to fall under new regulations established for such landfills.
Standohar said it is good to see the attorney general's office take back its motion to dismiss, but it will still be an uphill battle for the city in the fight to stop the landfill from setting up shop here. He said the landfill is still a possibility even if it is made to adhere to the new set of standards and regulations.
What went wrong
At the time of the attorney general's motion to dismiss, Standohar said his appeal was filed on time, but a series of unfortunate events led to the disagreement.
Standohar said the EPA decision was made Dec. 19 with a notice appearing in a local newspaper two days later on Dec. 21. He said the decision 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.
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.
In the letter, the attorney general said communication problems as laid out by Standohar should be alleviated.
"I also want to inform you that I am taking steps to alleviate the communication problems that caused the city, through no fault of its own, to miss important filing deadlines in this case," the letter said.
jgoodwin@vindy.com