Skepticism, anger greet OEPA

BERGHOLZ - Skepticism, frustration and outright anger greeted Ohio Environmental Protection Agency officials Monday evening at John Gregg Elementary School during a sometimes-emotional public hearing on the agency's granting of a draft air permit to Apex Landfill.

About 75 citizens voiced their concerns and frustrations over the OEPA's decision to grant the temporary permit to Apex to allow an increase in emissions at the landfill. The granting of the permit is tied to a request from Apex officials to increase the amount of garbage allowed to be collected at the landfill from 5,250 to 7,500 tons per day. The draft air permit also would be needed as part of an emissions control plan by the landfill as well as additional particulate matter and dust released into the air tied to any increase in operations.

The purpose of Monday's public hearing was to collect comments from local citizens before issuance of a permanent draft air permit to the landfill by the OEPA.

The hearing began with OEPA officials explaining the procedures in the grant application process and the agency's monitoring and enforcement regarding dust and particulate matter emanating from the landfill, after which OEPA officials took questions from the audience. Several citizens objected to the OEPA's system for measuring dust from the landfill, which would mostly include visual observation of any dust created by landfill operations.

"There will be visual observations that will be done," said Bruce Weinberg of the division of air pollution control for the agency. "(The OEPA) isn't there 24 hours a day. I can't tell you there will be no dust. All I can do is set the standard and do my best to see (Apex) complies with it."

Several citizens also complained the amount of dust being created from landfill operations was substantially more than OEPA and Apex officials contend. Some citizens also implied - some emotionally - that the OEPA had lost credibility for non-enforcement of regulations tied to previous permits granted to the landfill.

Weinberg replied he was sympathetic, but the OEPA was following laws created by local, state and national legislatures.

"I suggest you contact your (elected legislatures) and voice your concerns," said Weinberg several times to citizens' concerns.

That answer didn't satisfy Tom Gardner of the Tri-County Concerned Citizens, a group opposed to expansion of the landfill.

"When we talk about the Environmental Protection Agency, who is it that you are protecting?" asked Gardner, adding the OEPA hadn't so far fulfilled its enforcement duties pertaining to past permits granted the landfill. "The EPA has become an enabler."

Weinberg again said he sympathized, but the agency could only enforce standards set into law.

"I hear your desperation," he said. "It isn't that we don't hear what you're saying. We've worked within the law to do what we could."

Outside the meeting Gardner said the OEPA had in the past failed to enforce its own regulations regarding odor control and other landfill issues.

"Our concern is what we are breathing (from emissions and odors) from the landfill," Gardner said. "We don't know fully, and neither does the EPA. They have talked about odor control in the past, but we're still getting odors."

The agency also accepted comments from the public on the record after the answer-and-question session.

Ross Patten, executive chairman for Apex, said the company had established a crew and procedures for dealing with any emissions or dust complaints from the public or local and state agencies.

"We have a full-time environmental crew that does nothing but deal with any environmental controls or dust issues," said Patten, adding the landfill continuously wets road surfaces and railroads delivering garbage using surface water from ponds near the landfill. He added the water quality is monitored and "we wouldn't be able to use it if it wasn't."

Patten also said a violation of the OEPA standards would include any dust plume created by landfill operations visible for more than 45 seconds.

"We have zero violations," said Patten, adding local citizens and agencies were welcome to visit the landfill at any time. "The (Jefferson County Health Department) is allowed to come on our property at any time they wish. The (OEPA) can come at any time, 24 hours a day. The (Tri-County Concerned Citizens) are welcome at our site any time. We enjoy dealing with our neighbors. We have an open-door policy."

Apex officials also offered several letters of support for the landfill from local citizens, politicians and organizations be entered into the OEPA's public record. EPA officials gave no indication when issuance of a permanent permit to the landfill would be issued.

The OEPA will accept comments on the granting of a permanent draft air permit through Dec. 14. Comments can be mailed to the Ohio EPA, Division of Air Pollution Control, Southeast District Office, 2195 Front Street, Logan, OH 43138.