Thursday, December 25, 2008

Ohio Has No Laws On School Siting

Received from Renee Claire Blanchard:

December 22, 2008

Dear Richard ,

About an hour ago I sent out an appeal to all our supporters asking for their help in sending a message to Congress that our country is in need of strong comprehensive federal guidelines on school siting. Today, the USAToday released another report on schools built near areas with environmental chemical pollution. I am sending this second appeal to you because Ohio is of particular concern.

Ohio has no laws on school siting or controlling existing permitted facilities and your children deserve better. Please take action today and send a letter to your congress person asking the EPA to come in on deadline with strong comprehensive school siting guidelines in June 2009.

This article raises an important point that industries that are already operating would not be subject to any new laws. Therefore, we are suggesting a "Three Times--You're Out" position be state regulatory agencies. That is if the facility violates their air permit three times they can no longer operate. We wouldn't allow a vehicle driver to continue to drive after three drunk driving violations why would we allow and industry to operate so irresponsibly.

Besides sending a letter to your congress person, there are other ways you can take action in your own community:

(1) Write a letter to your local school board voicing your concern
(2) Write a letter to the editor for your local newspaper
(3) Meet with your neighbors and discuss additional steps your community should be taking on this important issue
(4) Pass a local ordinance on school siting

You can find out about and sign up to take action in your community, by visiting the CHEJ website.

Thank you for your hard work on this important issue,

Renee Claire Blanchard
Campaign Coordinator
Center for Health Environment and Justice
PO Box 6806 Falls Church, VA 20040

Saturday, December 20, 2008

Final Report of the Ohio Regulatory Reform Task Force

The following was sent from Mary Clare Rietz of Ohioans for Health, Environment and Justice (OHEJ):

OHEJ Allies,

Attached is the final set of recommendations made by the Regulatory Reform Task Force. They met Wednesday (Dec. 17), voted, and it "passed."

What exactly this means is not certain. The Task Force has stated its intentions to develop legislation based on its recommendations. Some we've talked to say they don't think it will go anywhere, given the shift of power in the House and other factors.

Task Force Chair Senator Keith Faber stated Wednesday that many letters of
support were received from businesses. He said that citizen and environmental group also submitted comments (and gave testimony at hearings), but that these are not relevant to the focus of the Task Force, which is JOBS.

SO!! First order of business for OHEJ Strategy Committee in January: How to take next steps in moving OUR regulatory reform recommendations!!!!!!

Here's hoping you all have holidays with healthy doses of the presence of loved ones, health, safety, and fun. It's been a priviliege and a pleasure working with each of you in 2008, and I look forward to more in 2009.

Mary Clare Rietz
Ohioans for Health, Environment and Justice
Campaign Organizer
513-227-1871
www.ohioej.org

To read the paper below, click on the icon below:

Final Report of the Ohio Regulatory Reform Task Force

Thursday, December 11, 2008

Schools: Toxic Hot Spots

December 8, 2008

This morning USATODAY released their study of schools where the outside air poses an unacceptable health risk from chemical contamination to young children and school staff. The study identified 435 schools in "toxic hot spots". This is a must read article.

Nationwide there are very few laws and no federal law that prevents school districts from siting a school on or near contaminated land and air pollution. One year ago President Bush signed into law the Energy Independence and Security Act of 2007, within that document was a mandate for the EPA to develop comprehensive voluntary guidelines on school siting. These guidelines are expected to be release in June of 2009. But we must all continue to keep the pressure on in order to ensure strong comprehensive guidelines.

Take action today on this important issue:
(1) Read the article
(2) Join our campaign to make sure no more schools are built on or near contaminated areas
(3) Send a letter to your congressperson to support the EPA in writing strong school siting guidelines

Thank you for your work on this very important issue,
Renee Blanchard

If Your Child Says School Makes Him Sick - He Might Be Right.
Study Identifies 435 Schools with Toxic Air Pollution While EPA Shirks Responsibility

CONTACT:
Moira Bulloch
mbulloch@chej.org
703-237-2249 ext. 19

December 08, 2008

For Immediate Release:

This morning USATODAY released their study of schools where the outside air poses an unacceptable health risk from chemical contamination to young children and school staff. The study identified 435 schools in "toxic hot spots".

The study reaffirms what the Center for Health, Environment and Justice (CHEJ) has been reporting since 2001. In several reports, beginning with Poisoned Schools, CHEJ presented case studies of school aged children harmed by chemicals in their school environments and called on the federal government to establish school siting guidelines as a tool for local schools boards. Local school board members are not scientists, toxicologists or air modeling experts and need assistance to determine a safe location for schools. 50 state survey of laws and regulations on siting schools. http://www.childproofing.org/school_siting_50_state.htm CHEJ recommends adopting the following model laws for states and as guidelines for the EPA http://www.childproofing.org/school_siting_model_legislation.htm

In December, 2007 President Bush signed Subtitle E of the Energy Independence and Security Act of 2007, instructing the EPA to develop the nation's first-ever school siting guidelines to give state legislatures direction in where schools may be physically located in relationship to toxic contamination sites. The EPA has been given a deadline of June, 2009. Nothing has been done since congress passed this directive. No one has even been given the responsibility for this task.

"It is in excusable to place school children in harms way", said Lois Gibbs, Executive Director of CHEJ. "Children are required by law to go to school. Schools must be safe place for children to learn and play not a place that endangers their health and ability to learn. Asthma is a direct result of air pollution and asthma is the number one reason for school absences."

"Yes, we're going to be putting more money into school construction," President-Elect Obama promised in a "Meet the Press" interview taped Saturday in Chicago. The President-Elect's commitment to new schools must be matched with a commitment to building schools in safe locations that will not expose our children to hazardous levels of air pollution. A first priority of the Obama Administration should be to move the school siting guidelines to the top of the EPA's agenda.

Child Proofing Our Communities (CPOC), a CHEJ program to prevent environmental health harm to children, developed the only existing National Model School Siting Policy guidelines to help state groups advance protective school siting policies for their states: http://www.childproofing.org/documents/school_siting_model_legislation.pdf

This message is brought to you by the Center for Health, Environment and Justice.
For more information visit the CHEJ homepage at www.chej.org.

Friday, December 5, 2008

Girard C&DD Landfill - 2009 Licence Status

At the November 24, 2008 Girard City Council meeting, Mayor James Melfi reported on a letter received by the Girard City Health Department regarding the Total Waste Logistics LAS, LLC (TWL) south side landfill. The letter was dated November 17, 2008 and was from the Ohio EPA to Girard Health Commissioner James Dobson (Both pages of the letter are attached above for your reference).

The purpose of the letter was to inform the Girard Health Department that TWL's C&DD south side landfill located in Girard was in violation of Ohio's construction and demolition laws. As a result of unresolved violations occuring at the facility, the Ohio EPA initiated formal enforcement proceedings against TWL on March 31, 2008 by referring the matter to the Ohio Attorney Generals Office. They stated that TWL "has failed to maintain substantial compliance with Ohio's environmental laws which creates an issue with regard to the renewal of its annual operating license".

City Councilman Frank Migliozzi was in attendance, and he had some further comments on that letter (Frank also sits on the Board of Directors of the Trumbull County Health Board). Frank told the Girard City Law Director, also in attendance, that this may hurt TWL's chances at getting their north side landfill application approved. He said that a history of non-compliance at an existing landfill would hurt the companies chances to open up another landfill.

So, the result is good news on two fronts. First, TWL will have to clean up existing operations on its LAS Landfill on the south side or face denial of a 2009 operating license. Second, TWL may not be able to open their "proposed north side landfill" which would be less than 2 1/2 miles away.

Ohio EPA Letter to Girard, Ohio

Regards,
Richard Natoli
Secretary,
Girard United Against Ruinous Dumping (G.U.A.R.D.)
www.nomoredumps.org

GUARD News - November 2008

The following items should be of interest to all of you, and some of the information was taken from the PRELIMINARY meeting minutes of last month's GUARD meeting:

1. Surface Transportation Board - At the September 8th City Council meeting, Girard city attorney Mark Standohar reported on the status of the eminent domain trial, City of Girard versus The Youngstown Belt Railway Company. Mark said that the railroad attorneys filed for dismissal of the trial based on the fact that The Tumbull County Common Pleas Court does not have "subject matter jurisdiction" over the railroad. Their attorneys want the matter referred to the SURFACE TRANSPORTATION BOARD (STB), and web address for the STB is http://stb.dot.gov/ . The following description of the STB agency was taken from that site:

"The STB is an economic regulatory agency that Congress charged with the fundamental missions of resolving railroad rate and service disputes and reviewing proposed railroad mergers. The STB is decisionally independent, although it is administratively affiliated with the U.S. Department of Transportation. It was created in the Interstate Commerce Commission Termination Act of 1995 and is the successor agency to the Interstate Commerce Commission."

2. CourtView 2000 Web Site - Jason Denzin found the web site that gives status reports on the eminent domain trial mentioned above. For the latest information on the hearings and the trial date, go to:

http://69.68.42.167:4702/pa.urd/pamw2000.event_lst?32086019

The latest date for the trial is March 25, 2009 with visiting judge Thomas P. Curran. The previous date was November 19, 2008. It appears that the railroad lawyers can keep moving that date out whenever it pleases them. If that is true, then the city of Girard cannot purchase that property for a Girard City Park. If the city has no option to purchase the land, we will not be able to stop Total Waste Logistics (TWL) from putting a landfill on that site.

That is strictly my personal opinion, based on previous conversations with Morrow County, Ohio residents. I believe that ERAC's ruling (Environmental Review Appeals Commission) on the "grandfathering of TWL's landfill application" will go in favor of TWL. That gives us no options other than to live in the city of Girard surrounded by pollution from two C&DD landfills; the one proposed for our north side, and the existing one on our south side (2 miles apart).

If anyone has an idea on where to go from here, please let the rest of us know what that idea is ASAP.

Regards,
Richard Natoli
Secretary,
Girard United Against Ruinous Dumping (G.U.A.R.D.)
www.nomoredumps.org

September 14, 2008 News - Auto Shredder & Proposed North Side Landfill

GUARD Committee Members,
Since we are not holding a GUARD meeting this month, I thought I would share some information that may be of interest:

1. Automobile Shredder to be located in Girard:
At the Girard City Council meeting on September 8th, Dan Moadus, former city councilman, gave a short talk during the "Citizen's Comments" section of the meeting. He was upset that he recently found out that Interstate Shredding has started foundation work, and plans to install a metal shredder large enough to handle school buses. The facility will be located in an area adjacent to the now closed Indalux Aluminum plant on the south side of Girard. When Sam Pagano asked which city councilman were aware of this companies plans, only Frank Migliozzi and Joe Shelby knew about it.

It is difficult to believe that Girard city residents were not informed of administration plans to invite this type of facility into the city. Mayor James Melfi is welcoming the new plant. To read his views, and, also more comments from Dan Moadus, the article from the Tribune Chronicle written by Raymond Smith, is attached for your review.

Sam and I also attended the Zoning Board of Appeals meeting Wednesday evening, Sept 10th. We found out the Mayor and City Engineer approved the permits instead of the Zoning Inspector which would have been the normal course of events. At the meeting we learned that 55 families on Emma and Maple Streets live close to the proposed facility, some are within 600 feet. Dan said that he is concerned with odors and noise from explosions . Odors are likely to be coming from wet "fluf" which remains from the shredded cars after all of the metals are seperated and removed. Noise and ground vibration are likely to be caused from propane tanks exploding during to the shredding process (some people get rid of old rusty propane tanks by leaving them in the trunks of their junk cars).

Two representatives from Interstate Shredding attended the Zoning meeting, Mike Clayman (Liberty Township), and Fred Knox (Vienna Township). When asked wher the nearest shredder of the same type and power was located, their repy was Houston, Texas. The machine in Texas, and the one proposed for Girard is a large machine that will handle 100 inch wide material (8 feet - 4 inches wide), and the motors that drive it are rated at 4000 Horsepower.

2. Eminent Domain Trial scheduled for November 19th:
Also at the Girard City Council meeting Monday evening, City Attorney Mark Standohar gave us some information regarding the upcoming Eminent Domain trial. The trial would settle a dispute between Girard City Administration and the Youngstown Belt Railway Company for rights to the land behind the Golf Dome. The City is trying to purchase the land for a city park which would also prevent the Railroad from installing a C&DD Landfill on the property.

Mark stated that the railroad attorneys filed for dismissal of the trial on grounds that the Trumbull County Common Pleas Court does not have "Subject Matter Jurisdiction" on railroad property. The RR attorneys said that selling the property interferes with interstate commerce, and the matter should be decided by the National Transportation Review Board (that is the name I think Mark used but I could not find it on a GOOGLE search). At any rate, Mark said we should know what will happen in the next few months.

3. Status of Total Waste Logistics (TWL) north side landfill application:
I called Deputy Health Commissioner James Dobson with regards to the status of TWL's application because the Girard Board of Health was on summer recess during July and August. Jim did not know much, and suggested I call Attorneys Kurt Latell or Mark Standohar. I phoned Kurt who told me that not much has happened lately, and he is waiting for the Environmental Review Appeals Commission (ERAC) to schedule a hearing date for the Latell/Standohar appeal of TWL's landfill application. To refresh your memory, Attorney Kurt Latell and Girard City attorney Mark Standohar filed an appeal in January 2007 to try and reverse the ruling of the Ohio EPA Director (he approved the application) on Total Waste Logistics landfill application.

ERAC is an appellate review commission which is separate and distinct from the Ohio Environmental Protection Agency.

Regards, Richard Natoli
Secretary, GUARD