AMSTERDAM - The Ohio Environmental Protection Agency Thursday issued final solid waste and air permits to Apex Environmental that will allow the landfill to expand operations.
The state agency announced the final approval of the permit requests following months of often contentious public hearings and legal action filed earlier this year by the Tri-County Concerned Citizens Committee.
Ross Patten, chairman of Apex Environmental, said late Thursday the corporation, "is very pleased with the results and appreciates the hard work of the OEPA, and we also appreciate the citizens' comments that were incorporated into the final permit."
"I want to assure everyone we will continue to operate at the highest level of compliance. We will also continue working on our proposed methane energy facility that will capture greenhouse gases from the landfill and convert that gas into electricity," said Patten.
According to Erin Strouse of the Ohio EPA Public Interest Center, "the final solid waste permit authorizes an increase in the daily waste receipt limit from 5,250 tons per day to 7,500 tons per day. The permit also authorizes a vertical expansion of the landfill. However, Apex Environmental LLC will retain the existing 4-to-1 grade on the northern slope of the landfill. This means that the buried waste under 12 acres of the northern slope will not receive any new waste and will not need to be uncovered, preventing some potential odors. An odor management plan is included in the permit to require the landfill to control odors associated with active waste handling and disposal operations."
"The final air permit establishes emission limits at the landfill to ensure compliance with federal and state clean air standards and protect public health. The permit establishes emission limits for the flare, which controls emissions captured by the facility's landfill gas collection system. The permit also limits particulate or fugitive dust emissions related to the facility's unpaved roadways, parking areas, material handling and rail unloading areas," Strouse indicated in the OEPA press release.
Tom Gardner of the Concerned Citizens Committee said Thursday he was unaware of the decision, "but this did not come as a surprise. As I have said repeatedly, the OEPA is an enabler as opposed to a regulator.
"I am very disappointed by the decision to issue a final permit to Apex. The agency certainly didn't take into consideration the plight of the residents who suffer the effects from the landfill. But I can tell you we won't stop fighting," Gardner said.
"And until we find legislators willing to stand up and speak for the people, these issues will continue all across the country," added Gardner.
Gardner said a lawsuit listing 191 plaintiffs that was filed one year ago in Jefferson County Common Pleas Court seeking monetary damages will continue.
The 40-page document cited, "fumes, gases, vapors, odors and chemical emissions that have migrated from the Apex Landfill into the plaintiffs' air supply, water supply and property."
The lawsuit named Apex Energy Inc. of Steubenville, Liberty Waste Services of Pittsburgh, Environmental Logistics Services of Kearny, N.J., and Environmental Logistics Services of Pittsburgh as the defendants.
The lawsuit was filed by attorneys Edward Cochran of Shaker Heights, Thomas J. Connick of Cleveland and James T. Abrams of Steubenville.
"The primary relief being sought is monetary damages. The injunctive relief is something we will strategically move on at the right time. We would like to see the answer to our complaint first," said Cochran.
"The plaintiffs have suffered with the loss of value of their homes and any Realtor would go through quite a procedure with a potential home buyer in that area. It is now nearly impossible to sell their homes," noted Cochran.
"And there is the impact on the residents' personal lives. They can't invite their grandchildren to visit because of the odors from the landfill and (they) can't use their property in any normal way," added Cochran.
"We have made it clear to the landfill operators we would like to talk about these two issues, but have been given the cold shoulder. And the fact the landfill is seeking to expand its operations and take in more garbage from New York will make the conditions much worse for the neighbors. We will continue to oppose the plans to expand the landfill operations all the way to the Supreme Court if necessary," vowed Cochran.
Patten said the landfill operators, "will continue to to maintain an open dialog with the community. We are part of the community and we will remain open to comments from the area residents. They are welcome to visit our facility," noted Patten.
The final permit to install came on the final day of 2009, a year that saw the Apex operators start with a revised expansion permit application that downsized their original application for accepting additional solid waste.
According to a spokesperson for the OEPA, the company revised its original expansion proposal to reduce its request for additional daily solid waste from 10,000 tons a day to 7,500 tons a day.
Apex also revised its original expansion application in January to keep the existing 4-to-1 grade in place on the northern slope of the landfill.
A July 9 public hearing arranged by the OEPA heard a number of comments by speakers opposed to the proposed expansion of solid waste accepted at the landfill.
"You are basically beating around the bush. What about the odor, the flies and now the black dots that are appearing everywhere? We know those black dots will turn into mold. What are you going to do about that?" Rich Gregor of Springfield Township Road 267 asked during that meeting.
"I'm trying to be very honest. You want zero odors, but the landfill is meeting the laws. They are allowed to operate as long as they meet all laws and regulations and have the proper permits," responded Steve Rine of the OEPA.
Approximately 75 citizens voiced their concerns and frustrations at a Dec. 7 OEPA public hearing regarding a permit to Apex to allow an increase in emissions at the landfill.
Apex Sanitary Landfill includes a composite liner system; leachate collection system; surface water management system; ground water monitoring system; explosive gas monitoring and extraction system; and final closure cap system. The final solid waste permit ncorporates 30 years of post-closure care and financial assurance for closure and post-closure care, according to the OEPA.
Strouse said issuance of the permits can be appealed to the Ohio Environmental Review Appeals Commission.
She said the Ohio EPA recommends that anyone wishing to file an appeal contact ERAC at (614) 466-8950 or www.erac.ohio.gov for information.
(Gossett can be contacted at dgossett@heraldstaronline.com.)
