G.U.A.R.D.

State Targets Girard Ohio Landfill

2010-05-31T08:08:00.002-05:00

The following article has news regarding the Girard, Ohio existing south side TWL/LAS C&DD Landfill. According to the article, the Ohio attorney general's office has filed a complaint against TWL alleging that they are in violation of Ohio operating laws.

Read the full article here: http://www.vindy.com/news/2010/may/29/state-targets-landfill/

State targets landfill

Published: Sat, May 29, 2010 @ 12:00 a.m.

Staff report

WARREN

The Ohio attorney general’s office has filed a complaint against Total Waste Logistics, alleging it is violating Ohio law in the operation of its construction-demolition and debris landfill on Salt Springs Road in Girard.

The complaint, filed in Trumbull County Common Pleas Court, asks the court to issue an order preventing the company from accepting pulverized debris, preventing the company from accepting solid waste and ordering the company to correct ponding and erosion problems.

The suit says Total Waste Logistics, 1025 Bundy Road, Girard, has persisted in violating Ohio laws in 2006, 2007 and 2008, despite the Ohio Environmental Protection Agency’s asking the company to correct these problems.

A call late Thursday to John Viglio, statutory agent for Total Waste Logistics, seeking comment on the suit was not immediately returned.

G.U.A.R.D. in the News

2010-05-31T07:57:00.005-05:00

G.U.A.R.D. thanks Linda Linonis of the Youngstown Vindicator for her recent article about the Girard Trunk Sale Fundraiser event.

To read the article, click here: http://www.vindy.com/news/2010/may/20/flea-market-to-raise-funds-in-landfill-f/?newswatch

Flea market to raise funds in landfill fight

Published: Thu, May 20, 2010 @ 12:05 a.m.

Place:Creekside Golf Dome

1300 N. State St., Girard

By LINDA M. LINONIS

linonis@vindy.com

GIRARD

Put collectibles and clutter on sale Friday at G.U.A.R.D.’s flea market trunk sale. Make some money and benefit a community organization.

Girard United Against Ruinous Dumping will sponsor the fundraiser from 8 a.m. to 3 p.m. in the parking lots of Creekside Golf Dome, 1300 N. State St. (U.S. Route 422), and across the street at Avon Oaks Ballroom, 1401 N. State St.

Vendors will keep all the money they make selling items; it’s $20 a vehicle to participate.

Richard Natoli, secretary of G.U.A.R.D., said proceeds from fundraisers go toward the organization’s legal expenses.

G.U.A.R.D. was organized in July 2005 and has 45 members. It meets the first Tuesday of the month at 6 p.m. at Girard Free Library, 105 E. Prospect St. The next meeting will be June 1.

G.U.A.R.D. members also attend meetings of city council and the board of health.

The group opposes a proposed construction-and-demolition-debris (C&DD) landfill behind Creekside Golf on the north side of the city. “Our group isn’t against landfills. They’re necessary,” Natoli said. But, he added, C&DD landfills can pose problems including asbestos from old buildings and drywall, which gives off hydrogen-sulfide gas when it gets wet. “These can adversely affect your health,” he said.

Natoli said the city already has a construction-and-demolition landfill on the south side.

The proposed landfill would be 190 feet from the Mahoning River and a quarter-mile from Squaw Creek housing development.

On its website, www.nomoredumps.org, G.U.A.R.D. offers this statement: “We’re a group of residents and civic leaders dedicated to keeping potentially hazardous landfills out of our communities. G.U.A.R.D. is here to ensure a safe, toxic-free future for our friends, our neighbors and our children.”

For more information on the fundraiser, call Natoli at 330-545-4576 or Mary Mihalick at 330-545-4124.

GUARD Flea Market Trunk Sale

2010-05-03T12:51:00.009-05:00

Friday, May 21, 2010
8:00 a.m. – 3:00 p.m.

Creekside Golf Dome & Avon Oaks Parking Lots
1300 N. State Street – Girard

- Bring your car, van, or SUV with items you want to sell
- Per vehicle entrance fee – $20.00

Bring your own table to display your items.

Call 330-545-4124 or 330-545-4576 for more information.

To benefit Girard United Against Ruinous Dumping (GUARD)

Support your local citizens fighting for better landfill restrictions.
See you there!

100421_Flea Market Trunk Sale Flyer_J. Teets

GUARD Action Alert: Possible C&DD Landfill Moratorium

2010-01-13T16:30:00.002-05:00

If you have a few moments to spare in the next few days, please contact the Governor about a potential statewide moratorium on C&DD Landfills in Ohio. It's very important that this moratorium be enacted as it will cover the same type of landfill that we currently have on the south side of Girard and the proposed landfill that we are fighting against on the north side.

Please contact Governor Ted Strickland and let him know how important it is to enact the statewide moratorium on C&DD dumps by calling 614-644-4357 or go to the web site below:

http://www.governor.ohio.gov/Assistance/ContacttheGovernor/tabid/150/Default.aspx

It is important to explain your personal feelings and experiences on how the local landfills located close to you have been harmful. For example, a friend of mine who lives next to the LaFarge Landfill in Lordstown is constantly cleaning black mold from the siding of his house. And the citizens of Girard close to the south side landfill are constantly affected by airborne dust and debris. Some folks have been bothered by the rotten egg odor caused by Hydrogen Sulfide gas generated by wet drywall.

You may also contact the Ohio EPA; the person there who would be most interested in citizens comments is Scott Heidenreich, Environmental Manager for the Division of Solid and Industrial and Waste Management (DSIWM). His e-mail address is: scott.heidenreich@epa.state.oh.us . Also send a copy of your e-mail to our local Trumbull County Contact at DSIWM who is Katharina Snyder at: katharina.snyder@epa.state.oh.us .

IMPORTANT HEARINGS REGARDING PROPOSED NORTH SIDE DUMP!

There are important hearings coming up next week in Columbus on January 19, 20th & 21st regarding Girard's proposed north side C&DD Landfill. We are encouraging any members who are able to attend do so as this will help show the Environmental Review Appeals Commission (ERAC) that there is opposition to the proposed north side landfill. Contact Richard Natoli at dndnatoli@sbcglobal.net or 330-545-4576 for more information about the hearings if you would like to attend.

We CAN make a bigger difference if we work together on this; please share this message with your friends and family members.

Regards,
Richard Natoli (330) 545-4576
Secretary,
Girard United Against Ruinous Dumping (G.U.A.R.D.)
www.nomoredumps.org

Announcement: OHEJ to go Formal!

2009-11-05T14:19:00.003-05:00

Dear OHEJ Allies Across Ohio:

Because you’ve been part of this story of Ohio citizens working for fairness and equality, WE HAVE NEWS we want to share with you about OHEJ’s future!!!! Read on…

Since 2007, you have been a part of building Ohioans for Health, Environment and Justice.

You have helped OHEJ grow as a statewide association of local community groups and statewide organizations working to make fairness a priority in the State of Ohio.

Again and again, in the six (6) forums we held in six communities in 2007, and at the five (5) Town Hall Meetings we held this year, you have been clear:

Citizens want a fair and equal chance to protect our communities from environmental threats, and we want a fair and equal chance to create the safe, healthy, just and economically sound communities we all want to live in.

As a result of your voice, in 2008 we secured a bill sponsor – Rep. Tracy Maxwell Heard from Columbus – and proposed legislation was drafted.

With this as our story so far, we want OHEJ to be positioned to be able to keep moving forward toward the goals we all share. So HERE’S THE NEWS about OHEJ’s FUTURE:

OHEJ has operated informally up to now. We are a group of people with common goals, but haven’t needed to formalize or create an official decision-making structure. Now we want to do MORE. Yes, we want to continue to push for introduction and passage of our EJ bill, that’s important, and we will keep inviting you to fight for an Ohio EJ law. But there’s MORE we want to do.

So it’s time we set ourselves up for the long haul, with a BOARD that will represent local communities across Ohio, FUNDING to do the work that’s needed, and GOALS to chart our course.

On October 3rd and 4th, OHEJ leaders met and took big steps toward this end. After months of work, we approved a set of BY-LAWS, which includes guidelines for establishing an elected BOARD representative of the seven (7) OHEJ regions.

We also finalized a VISION STATEMENT, a MISSION STATEMENT, and a set of GOALS:

OHEJ VISION
“We envision Ohio as a place where people have the right to decide the destiny of their own communities, and where the environment and the economy are healthy, and support the health, safety and well-being of all citizens.”

OHEJ MISSION
“OHEJ is a statewide, grass-roots alliance of diverse allies working to empower
the people of Ohio through education and citizen action to create environmental,
economic and social justice for their communities.”

OHEJ GOALS
Guiding principle for all goals:

OHEJ will offer whatever resources we have only if/when communities have these goals for themselves and WANT/ASK FOR the resources to achieve these goals.

We may become aware first of threats, opportunities, needs or resources. We can provide this info to communities, and support them to decide what they want to do.

GOAL 1. Assess needs of local communities that a statewide organization like OHEJ might meet (for example, by conducting a statewide survey).

GOAL 2. Support the right of local communities facing environmental threats to protect themselves.

Priority placed on providing assistance and support to communities affected by environmental injustice, but assistance available to all as resources are available.

GOAL 3. Support the right of local communities facing environmental threats to create the community they want. (Priority placed on providing assistance and support to communities affected by environmental injustice, but assistance available to all as resources are available.)

So, look to hear more in the coming weeks and months. We’d love to have you, and your neighbors, friends and associates, move forward with OHEJ toward a more FAIR, healthy, and safe Ohio.

Thank you, and Stay Tuned!

The OHEJ Steering Committee

Southwest (Dayton and north):
Kathleen Boutis (Yellow Springs)
Mary Johnson (Dayton)

Southwest (Cincinnati):
Marilyn Evans (Cincinnati)
Mary Clare Rietz (Cincinnati)

Northwest:
Sherry Fleming (Williams County)
Dr. Morris Jenkins (Toledo)

Central:
Teresa Mills (Columbus)

Northeast (western half):
Mark McClain (Cleveland)
Elvin Vauss (Cleveland)

Northeast (eastern half):
Jim Pirko (Youngstown)
Virgil Reynolds (East Liverpool)
Alonzo Spencer (East Liverpool)

Southeast:
Michelle Decker (Athens)
Mara Giglio (Athens)

Pollution from Girard Ohio Dump

2009-09-14T12:12:00.004-05:00

This is a message from Richard Natoli:

GUARD, OHEJ, & REACH Members,
Attached above is a report sent to us by Teresa Mills of Buckeye Environmental. The "draft report" dated June 12, 2009 was done by the Ohio EPA and is an evaluation of leachate from Ohio's Construction and Demolition Debris Landfills (C&DD Landfills). Leachate water was sampled from 30 of Ohio's landfills (see location by county and list of names on page 12), and they included 3 landfills in Trumbull County:

1. Warren Recycling - Leavettsburg
2. TWL/LAS - Girard
3. Lordstown Construction Recovery - Lordstown

I will let you read it for yourself, and come to your own conclusions, but I can tell you that all I found was bad news. In particular, the bar charts on page 40, 55, and 63 all show that Warren Recycling and TWL/LAS are the two worst polluters of the 30 landfills studied:

Page 40 - Count of Parameters by C&DD Landfills that Exceeded Health Based Standards
Page 55 - Count of Parameters by C&DD Landfills that Exceeded Surface Water Quality Standards
Page 63 - Number of Parameters at each Ohio C&DD Landfill that Exceeded Health Based Standards, Surface Water Quality Standards, or Both

Recall that the Ohio EPA shut down Warren Recycling about 5 years ago, and afterwards the EPA did a "superfund cleanup" there. What does that comparison imply about the TWL / LAS C&DD Landfill located on the south side of Girard?

Teresa also mentioned that the Columbus Dispatch would be doing an article on the results of the EPA report. That article by Spencer Hunt is attached below.

Regards,
Richard Natoli (330) 545-4576
Secretary,
Girard United Against Ruinous Dumping (G.U.A.R.D.)
www.nomoredumps.org

Poisons found in debris landfills

EPA turned up pollutants in water at all 30 Ohio facilities it investigated

Monday, September 14, 2009 3:13 AM

By Spencer Hunt

THE COLUMBUS DISPATCH

Click here to enlarge

Ohio's 55 debris landfills offer a cheap, final resting place for the millions of tons of waste created at construction and demolition sites each year.

But there's a price.

The Ohio Environmental Protection Agency found a lot more than old concrete, bricks and lumber at 30 landfills it inspected. The EPA says arsenic, benzene and vinyl chloride -- all suspected carcinogens -- and lead, which can damage the brain and nervous system, all are found in the water trickling through the rubble.

The government's survey focused on landfills that have waste-collection systems, ponds or pumps that make it possible to draw water. The 25 other landfills do not.

At each of the surveyed landfills, including two in central Ohio, officials found as many as 29 pollutants at levels that exceed drinking-water health limits, pollution standards for streams, or both.

A draft of the study, released this summer, does not say that the landfills definitely pollute surrounding groundwater and streams. It focuses on water found within the debris itself.

"It poses a threat if it's released to groundwater or surface water," said Scott Heidenreich, an Ohio EPA solid-waste division manager and author of the study.

Michael Cyphert, legal counsel for the Construction and Demolition Association of Ohio, which represents debris landfills, disagrees. He said debris landfills are safe and that the EPA's study was intended to make them look dangerous.

"The EPA's conclusions, though deemed preliminary, are worthless and totally unscientific," Cyphert said.

Richard Sahli, an environmental lawyer and a critic of the state's landfill oversight, said he hopes the report will help revive an EPA plan to impose tougher pollution safeguards at debris landfills.

"The industry has always put out the claim that their waste is essentially inert," Sahli said. "This explodes that claim."

Debris landfills operate without plastic liners and extensive pollution monitoring and collection systems that are required at Ohio's 41 licensed municipal landfills. That's because EPA officials believed that debris wouldn't pollute.

Things changed in 2003 after federal officials declared a debris landfill in Warren Township in Trumbull County an "urgent health hazard." Water there reacted with gypsum wallboard to create toxic clouds of hydrogen sulfide gas.

Tougher regulations, first proposed in 2006, would require liners and more-frequent groundwater monitoring at new and expanded landfills. Plans to enact the regulations stalled after landfill operators said they were too expensive.

Ohio EPA Director Chris Korleski is to make a final decision on a set of compromise rules. Spokeswoman Melissa Fazekas wouldn't say when that would happen.

Tests at Frank Road Recycling Solutions in Grove City found levels of arsenic, antimony and thallium that exceed safe drinking-water limits.

At the Fallsburg Road debris landfill in Licking County, officials found arsenic, antimony, cadmium methylene chloride and pentachlorophenol that exceed drinking-water limits. Brian Mayfield, the Fallsburg Road sales manager, said monitoring wells haven't detected any groundwater contamination from the landfill.

Ken Pennington, Frank Road's operations manager, called his landfill "top-notch" and said the state's report is biased.

Cyphert said it is unfair to compare water found within the landfill against drinking water and surface water standards because pollutants get diluted by groundwater once they escape a landfill.

The point of the study was to determine if the waste within a debris landfill are harmless, Heidenreich said. "This raises our concern."

shunt@dispatch.com

City of Girard Ohio Fights for Land

2009-09-05T15:31:00.002-05:00

Last Update: 8:52 am

The city of Girard is continuing its fight to acquire about 41 acres of land along the Mahoning River, which would expand its current park and stop the creation of a landfill.

Officials from Girard were in Trumbull County Common Pleas Court Friday arguing why they want to acquire the land. "It is very important for the city and it is not being used by the railroad," said Mayor Jim Melfi. "It will enhance our park system."

Total Waste Logistics would like to purchase the land to build a landfill, something the city does not want.

After the hearing the judges and the attorneys went to the site, so the judge could look at the area in question.

Melfi stresses that the plan for the city to acquire the landfill has been in place for nine years, and it was not intended to stop the landfill. "It is very important to have access to the Mahoning River for future development and to give us access for boating and other recreational activities," Melfi said.

A trial on the matter is scheduled for October.

The majority of the land is owned by the Ohio Central Railroad Company. The Ohio Leather Company owns a small portion of the property.

City of Girard Ohio Continues Fight Against Dump

2009-09-05T07:48:00.001-05:00

Here's an article from the Tribune Chronicle published on 9/5/2009:

Girard continues fight against dump
Judge tours site of proposed landfill

By CHRISTOPHER BOBBY Tribune Chronicle
POSTED: September 5, 2009

WARREN - A visiting common pleas judge toured a proposed landfill site Friday following a court hearing in the continuing litigation that pits the city of Girard against the landfill proponents.

Although Total Waste Logistics has plans for the 41 acres off U.S. 422 for the landfill, Girard would prefer that the site be used as an addition to its park system, according to Mayor James Melfi.

Total Waste Logistics has been trying to build a new landfill on property behind the Creekside Golf Dome since 2005. The company is seeking to buy the land from Ohio Central Railroad Co. and a smaller portion owned by the Ohio Leather Co. The company wants to use the land to bring in waste from New Jersey, New York and other East Coast locations, according to Tony Latell, the owner of the Creekside Golf Dome and a critic of the effort.

Girard is trying to claim the land through eminent domain.

Visiting Judge Thomas Patrick Curran will decide later whether to grant a summary judgment and dismiss the case - a request brought by landfill proponents who say the court has no jurisdiction in the case.

''The railroad doesn't use the property. It's important for us to enhance our park system,'' said Melfi, who observed the hearing and the visit to the site, adjacent to Creekside Golf Dome.

''Right now we're locked in this land appropriation case,'' Melfi said. ''But everyone knows that we're in striking distance of Tod Park and the city's cemetery, where Revolutionary War veterans are buried. This land would give us access to the Mahoning River and the proposed bike path.''

Curran is allowing all sides a couple weeks to submit more written arguments before any decision.

In 2005, city officials offered Youngstown Belt Railway Co., which owns the property, the then-full appraised value of $41,500 for the undeveloped land between two railroad tracks. The company would not negotiate with the city.

Melfi said the city has wanted the land for park purposes for about nine years, and the acquisition is not intended just to stop a landfill from opening.

Unless it is settled or dismissed earlier, the case is scheduled for a jury trial in October.

cbobby@tribtoday.com

Intermodal Facility Instead of a Dump

2009-09-03T13:19:00.004-05:00

Jim Pirko, REACH Member and CAB Member, would like to invite you to a meeting of the Eastgate Council of Governments "Citizens Advisory Board" (CAB) on Thursday September 3rd at 7:00 PM in downtown Youngstown at the City Centre One Building. One of the topics they will be discussing is the possibility of developing and installing an "Intermodal Transportation Facility" on the north side of Girard behind the Golf Dome (see item #7 on the attached "Siteinvexcel.xls file). If the Western Reserve Port Authority could get the Youngstown Belt Railway Company interested in using the land behind the Golf Dome for the Intermodal Facility, that would prevent the C&DD Landfill proposed by Total Waste Logistics from going in.

Siteinvexcel

Also attached are the Mahoning River Corridor Initiative (MRCI) meeting minutes from August 28th.

MRCIMin828

Environmental Planning Advisory Committee (EPAC) Agenda

2009-07-23T07:41:00.004-05:00

ENVIRONMENTAL PLANNING ADVISORY COMMITTEE

JULY 30, 2009 2-4 p.m.

AGENDA

* Welcome, Pat Billett, EPAC Chairman

* Trumbull-Mahoning Green Pact signing

~City of Youngstown, Mayor Williams

~Canfield Township, Randy Brashen, Trustee

* Local Updates

~Mill Creek MetroParks, Mill Creek Preserve Wetland Restoration

~Environmental Department update, Stephanie Dyer, Eastgate Regional Council of Governments

~Howland Township, Kim Mascarella, Community Plan Update

~Energy Audit Workshop and Clean Ohio Conservation Fund Pre-apps, Rachel McCartney

~Youngstown Deconstruction initiative, Steve Novonty, City of Youngstown Planning Department

* SPEAKERS GRASSROOTS ORGANIZATIONS IN THE MAHONING VALLEY

~Elsa Higby, Youngstown Grows

~Sharon Letson, Youngstown CityScapes

~Phil Kidd, Mahoning Valley Organizing Collaborative

* Other Business

* Adjourn

Environmental Planning Advisory Committee (EPAC) meeting 2pm Thurs. July 30th

2009-07-12T09:32:00.003-05:00

GUARD, OHEJ, & REACH Members,
Jim Pirko, from the Citizens Advisory Board of Eastgate Council of Governments, forwarded this memo to us. He is inviting us attend the Environmental Planning Advisory Committee (EPAC) meeting at 2:00 PM on Thursday, July 30th at the City Centre One Building, 100 E. Federal Street, in downtown Youngstown, Ohio in the 10th floor conference room.

This meeting featuring community groups would be perfect to make presentations about any environmental issues that GUARD (Girard, OH), OHEJ, and REACH would like to discuss (see Rachel McCartney's note below).

Regards,
Richard Natoli
Secretary,
Regional Environmental Alliance (for) Community Health (R.E.A.C.H.)

Please mark your calendars for the next Environmental Planning Advisory Committee meeting on July 30, 2009 from 2-4 (NEW TIME!) at Eastgate (100 E. Federal St.).

The speakers are from a few of our local grassroots organizations that are making a difference in the Valley. We will be hearing from representatives of Youngstown CityScape http://www.youngstowncityscape.com/ , Grow Youngstown http://www.growyoungstown.org/, and Mahoning Valley Organizing Collaborative http://www.mvorganizing.org/

Once again there will be an opportunity for you to announce any challenges or success’s your community/organization is facing so that we can share information and ideas to better our region. If you have something you would like to discuss during “Local updates” please let me know ASAP so that I can get it on the agenda.

A meeting reminder with an agenda will be sent out closer to the meeting date.

Please let me know if you plan to attend and feel free to forward to any other interested individuals.

Rachel McCartney
Program Manager,
Community Development
EASTGATE REGIONAL
COUNCIL OF GOVERNMENTS
100 E. Federal Street
Suite 1000
Youngstown, Ohio 44503
ph. 330-779-3800
fax 330-779-3838
rmccartney@eastgatecog.org

Town Hall Meeting June 4, 2009

2009-04-28T20:13:00.000-05:00

GUARD, OHEJ, & REACH Members,
Eastgate member James Pirko informed us at last weeks REACH meeting that the Citizen's Advisory Board of the Eastgate Council of Governments will sponsor a Town Hall Meeting focusing on environmental justice issues. The meeting will be held on June 4th at the City Centre One Building in downtown Youngstown at 7:00 PM.

It will be an an excellent opportunity to review and discuss the Ohioan's for Health, Environment, and Justice's (OHEJ's) pending legislation. Ohio State Representative Tracy Hurd inserted the OHEJ legislation into the Ohio budget bill. That bill has to pass through the Ohio House of Representatives, the Senate, and the Conference Committee for approval. Opposition is expected from the coal lobbyists.

Members of local activist groups such as GUARD and HELP will also discuss their continuing fights against locating C&DD landfills near populated areas.

Please mark your calendars, and plan to attend.

Regards,
Richard Natoli
Secretary,
Regional Environmental Alliance (for) Community Health (R.E.A.C.H.)

Clean Air, Water & Soil Up for Grabs

2009-04-22T06:20:00.003-05:00

Your State Representative in Columbus is about to cast a critical vote.

YOUR VOICE may be the difference between whether your State Representative votes to PROTECT or HARM the air you breathe, the water you drink, and the soil upon which your family depends for food.

Governor Strickland has proposed a modest increase in state fees collected on landfill waste disposed of in Ohio to help fund essential protections of our air, water, and soil.

Without adequate funding there will be:

* less oversight of public water systems
* fewer inspections of factory smokestacks
* declining water quality
* increased soil erosion

But the construction and demolition debris (CDD) industry is fighting back.

Even though Ohio has the lowest average disposal fees in the region for CDD waste — and even though half of the CDD waste dumped in Ohio comes from out of state — the industry is balking.

Please, don't let the landfill lobbyists be the last voice that your lawmaker hears!

Send an e-mail to your Ohio State Representative today! Tell him or her to vote FOR clean air, water, and soil - and to vote FOR the proposed fee increase.

You can also contact your Representative by calling (800) 282-0253.

Sincerely,

Keith Dimoff
Executive Director

P.S. Please join us for the first Real Ohio Tour of 2009. On April 25, we'll explore the wildflowers at Lake Katharine Nature Preserve in beautiful Jackson County. For details, click here.

http://ga1.org/campaign/BudgetFees09/isgx5su917n6diew?

Send a letter to the following decision maker(s):
Your Representative (if you live in Ohio)

Below is the sample letter:

Subject: Vote for clean air, water, and soil in Ohio!

Dear [decision maker name automatically inserted here],

Please vote FOR clean air, safe drinking water, and soil conservation for Ohio by voting FOR the proposed fee increase on mixed solid waste and construction and demolition (CDD) waste disposed of in Ohio, as proposed by Governor Strickland.

Without adequate funding, there will be less oversight of public water systems, fewer inspections of factory smokestacks, declining water quality, and increased soil erosion.

Visit http://www.theoec.org/PDFs/BudgetFees09.pdf to read the OEC fact sheet.

Even though Ohio has the lowest average dumping fees in the region for CDD waste - and even though half of the CDD disposed of in Ohio comes from out of state - the industry is balking.

IT IS FAIR to ask the CDD industry to be a bigger part of the solution, because:

- The CDD industry makes millions of dollars dumping trash in Ohio. In fact, half of the CDD waste dumped in Ohio is from out of state.
- The Ohio EPA has documented underground fires, toxic contamination, and other problems at CDD disposal sites.
- CDD landfills comply with much weaker standards than those for solid waste.
That's why CDD waste can pose serious risks to our air, land, and water.

Make the CDD industry - which is making millions of dollars dumping waste in Ohio - pay their fair share to help safeguard Ohio's air, water, and soil from the extra burden posed by out-of-state waste.

Please vote FOR clean air, safe drinking water, and soil conservation by voting FOR the proposed fee increase on mixed solid waste and construction and demolition (CDD) waste disposed of in Ohio.

I look forward to your reply.

Sincerely,

[your name]

http://ga1.org/campaign/BudgetFees09/isgx5su917n6diew?

Take Action!

Instructions:
Click here to take action on this issue

Tell-A-Friend:
Visit the web address below to tell your friends about this.
http://ga1.org/campaign/BudgetFees09/forward/isgx5su917n6diew? Tell-a-Friend!

What's At Stake:

* Click here to read the OEC's fact sheet on the budget fee proposal.
* Click here to read the Ohio government document on the need for a fee increase on landfill waste.

Campaign Expiration Date:
May 15, 2009

If you received this message from a friend, you can sign up for Ohio Environmental Council.

Successful Girard Ohio Fundraiser

2009-04-09T12:49:00.005-05:00

G.U.A.R.D. (Girard United Against Ruinous Dumping) had a very successful fund raiser on March 29, 2009. GUARD has been very active in keeping local residents aware of the potential dangers associated with the addition of a second construction and demolition debris (C&DD) dump site proposed for the north side of town. A second C&DD Landfill (one is currently located on the south side of town) would be dangerously close to residential areas of the city and would expose residents and visitors to dangerous air pollutants and potentially contaminate our water streams and habitat. It would also impact the value of property in the city of Girard and make living in our community one of the least desirious in the Mahoning valley.

Help us fight this second proposed dump site by writing your state Senator Capri Cafaro and US Congressman Tim Ryan and voicing your concerns by attending our Girard City Council Meetings every second and fourth Monday of each month. Girard does not need more dump sites!

Caption for the attached photograph:
Girard area citizens and dignitaries enjoyed the GUARD Luncheon Fundraiser on March 29th at the Knights of Columbus Hall on State Street. Standing is Senator Capri Cafaro, on the left is Girard Board of Education member Diane Alejars with Jeanette Callard, J.D. Williams, and Mitzi Hughes. On the right side are Rosemary Christopher, Shelly Testa, Multi-Generational Center Director Laura Carey-D'Rummo, and Cindy Christopher.

Campaign Training: An opportunity to build on your environmental campaigning skills

2009-03-17T12:32:00.001-05:00

Come to Ohio Citizen Action's Good Neighbor Campaign Training on Saturday, March 28 from 9:30 a.m. to 4:30 p.m. at Cleveland State University in the Main Classroom building room 438. Bob Pojasek, an internationally-recognized pollution prevention expert, and other trainers will help you develop skills to challenge Ohio's worst polluters and win. Registration is $15 and includes breakfast, lunch, and training materials. Scholarships are available. The deadline to register is March 20. For more information and to register call Liz Ilg with Ohio Citizen Action at 216.861.5200.

Ohio Citizen Action devotes most of its resources to running and winning good neighbor campaigns, which use the power of community organizing to convince major industries to prevent pollution at their facilities. These campaigns have won changes far beyond what federal or state regulation would require at AK Steel (Middletown), Sunoco Refinery (Toledo), Brush Wellman (Elmore), Lanxess Plastics (Cincinnati), and many others. For more information on Ohio Citizen Action visit www.ohiocitizen.org.

Good Neighbor Training Flyer

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GUARD: Baked Chicken Breast Luncheon Sunday, March 29, 2009 12:00 noon – 2:00 p.m. Girard, Ohio

2009-03-13T19:51:00.003-05:00

Baked Chicken Breast Luncheon
Sunday, March 29, 2009
12:00 noon – 2:00 p.m.
Knights of Columbus - Girard / South State Street

• Adults – $10.00
• Children 4 to 7 yrs. old – $5.00
• Children 3 yrs. old and under – FREE

Prepaid reservations by March 20th (No tickets at the door)
Call 330-545-4124 or 330-545-8170 for reservations

Delicious Baked Chicken Breast and Sides
Dessert and Beverage Included
Choice of Coffee • Tea • Punch for the kids

Added Attractions: 50/50 Raffle, Bake Sale, Candy Sale
and Chinese Auction

To benefit Girard United Against Ruinous Dumping (GUARD)

Support your local citizens fighting for better landfill restrictions.
See you there!

GUARD Baked Chicken Breast Luncheon Flyer

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2009 Environmental Lobby Day Registration

2009-03-12T16:02:00.002-05:00

The following was sent to Girard United Against Ruinous Dumping (GUARD) members:

Dear Friends,

The Ohio Environmental Coalition is sponsoring their annual Environmental Lobby Day in Columbus on Tuesday, March 31st. This is a wonderful opportunity for us to meet with our lawmakers and officials. We are putting together a group of OHEJ allies and supporters and hope that you will be able to join us. The price goes down quite nicely if we get 10 or more OHEJ folks together: just $10 a person!

I have included the barebones information below and attached the PDF of the brochure. Please note that the deadline is Tuesday, March 17th. If you decide to join us, please contact Dawn or Liz at 614-487-7506 and tell them that you are part of the OHEJ group.

Thanks for your support of OHEJ and we hope to see you in Columbus on the 31st!

Sincerely,

Kathleen Boutis

2009 Environmental Lobby Day Registration

On March 31, bring your voice to the Ohio Statehouse on behalf of the environment.

During Environmental Lobby Day, you will be part of a team that brings environmental concerns and priorities to state lawmakers, agency officials, and legislative committee staff. The OEC will set up the appointments as well as give you helpful tips and information to make your meetings as productive as possible.  The day includes lunch with lawmakers and staff, and a "Cocktails & Conversation" reception to network and share the day’s experiences.

Register by March 17 to be heard!

Download the Environmental Lobby Day brochure for more details.

DATE & LOCATION   March 31, 2009, Columbus, OH  8:30 a.m. - 4:00 p.m. Lawmaker Meetings & Activities 4:00 p.m. - 6:00 p.m. Cocktails & Conversation Reception

COST

Non-refundable fee includes continental breakfast, lunch, evening reception, and materials

* $25 each for OEC members (free for OEC Legacy Club and President’s Club members)
* $30 each for non-members (includes 1-year OEC membership)

For group discounts, please call (614) 487-7506 to register.

Town Hall Meeting for Environmental Justice in Ohio

2009-02-20T08:25:00.003-05:00

GUARD, OHEJ, & REACH Members,

Attached is an invitation to a Town Hall Meeting to be held on Saturday, March 7 at Cleveland State University located in downtown Cleveland, Ohio. You are invited to come to the meeting and learn more about Environmental Justice, and about your rights to clean air, water, food, and housing.

Learn more about the problems in our communities and ideas for solutions, including a proposed Environmental Justice Bill for the State of Ohio.

Read the attached flyer for more details; or visit the web site: www.earthdaycoalition.org/programs_ej.php

Regards,
Richard Natoli
Secretary,
Regional Environmental Alliance (for) Community Health (R.E.A.C.H.)

Cleveland Ohio Environmental Justice Town Hall Flier

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V&M Star Expansion Air Pollution Public Hearing

2009-01-20T09:05:00.005-05:00

Upcoming public hearing for the air pollution that the new V&M Star expansion will likely emit is scheduled for February 12, 2009 beginning at 6:30 p.m. at City Hall, 26 S. Phelps St., Youngstown, Ohio.

All interested persons are entitled to attend or be represented and give written or oral comments on the draft permit at the hearing. Written comments must be received by the Ohio EPA at the place specified below by the close of the business day on February 17, 2009. Comments received after this date will not be considered to be a part of the official record of this hearing.

Comments are to be sent to Ed Perez, Ohio Environmental Protection Agency, Northeast District Office, Division of Air Pollution Control, 2110 East Aurora Road Twinsburg, Ohio 44087.

Further information concerning this application, which is available for public inspection, may be secured from the Ohio Environmental Protection Agency, Northeast District Office at the above address during normal business hours. Telephone number: (330) 425-9171.

See the draft permit below:

V&M Expansion Air Pollution Permit (PDF)

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Trash Burning Power Plant and Another C&DD Dump

2009-01-08T00:22:00.005-05:00

Received from Richard Natoli:

GUARD, OHEJ, and REACH members,
Attached is Teresa Mills weekly report on permit requests from the Ohio EPA. I copied and pasted three items of interest to us from nearby communities:

1. Mahoning County - Trash Burning Power Plant near Alliance, Ohio (3 pages of DRAFT PERMIT att. above)

**** NOT LISTED UNDER MEETING ON OEPA WEB PAGE. Public Hearing -Mahoning Renewable (trash and C&DD burning power plant) near Alliance, OH, Jan. 28, 2009, (See below for new date) 6:30 PM, McKinley High School, 225 East Indiana Ave. Sebring, OH 44672. THIS PERMIT IS SO BAD IT DOESN’T EVEN TELL US THE SIZE OF THE FACILITY. OEPA ISSUED THE DRAFT PERMIT WHILE STILL REVIEWING THE AIR TOXIC MODELING AND RISK ASSESSMENT. MAHONING COUNTY IS ATTAINMENT FOR ALL POLLUTANTS. THIS IS LIKELY TO CHANGE IN JANUARY SO THE COMPANY HAS REQUESTED THE PERMIT BE ISSUED BEFORE THE COUNTY IS PLACED IN NON-ATTAINMENT.

2. Columbiana County - C&DD Landfill Permit Request near Rogers, Ohio - Elkrun Industries

FINAL ISSUANCE OF CONSTRUCTION & DEMOLITION DEBRIS FACILITY LICENSE

ELKRUN INDUSTRIES, INC.
9676 STATE ROUTE 7
ROGERS, OH 44455
ACTION DATE : 12/31/2000
FACILITY DESCRIPTION: C & DD
IDENTIFICATION NO. : CDDL-6673

THIS FINAL ACTION NOT PRECEDED BY PROPOSED ACTION AND IS APPEALABLE TO ERAC. PERSONS WISHING TO BE ON OHIO EPA'S INTERESTED PARTIES MAILING LIST FOR THIS PROJECT MUST SUBMIT A REQUEST IN WRITING TO OHIO EPA, DIVISION OF SOLID AND INFECTIOUS WASTE MANAGEMENT, ATTN: SYSTEMS MANAGEMENT UNIT, P.O. BOX 1049, COLUMBUS, OHIO 43216-1049, TEL: (614)644-2621. A 2009 CONSTRUCTION AND DEMOLITION DEBRIS FACILITY LICENSE WAS ISSUED TO ELKRUN INDUSTRIES, 9676 STATE ROUTE 7, ROGERS, OHIO 44455.

3. Columbiana County - C&DD Landfill Permit Request near Negley, Ohio - Total Waste Logistics, LLC

TOTAL WASTE LOGISTICS, LLC
7555 NORTH ST.
NEGLEY, OH 44441 OH
ACTION DATE : 12/31/2008
FACILITY DESCRIPTION: C & DD
IDENTIFICATION NO. : CDDL-145884

THIS FINAL ACTION NOT PRECEDED BY PROPOSED ACTION AND IS APPEALABLE TO ERAC. PERSONS WISHING TO BE ON OHIO EPA'S INTERESTED PARTIES MAILING LIST FOR THIS PROJECT MUST SUBMIT A REQUEST IN WRITING TO OHIO EPA, DIVISION OF SOLID AND INFECTIOUS WASTE MANAGEMENT, ATTN: SYSTEMS MANAGEMENT UNIT, P.O. BOX 1049, COLUMBUS, OHIO 43216-1049, TEL: (614)644-2621. A 2009 CONSTRUCTION AND DEMOLITION DEBRIS FACILITY LICENSE WAS ISSUED TO TOTAL WASTE LOGISTICS, LLC, LOCATED APPROXIMATELY 2000 FEET NORTH OF THE INTERSECTION OF ROUTE 154 AND ROUTE 170, NEGLEY, OHIO 44441.

Note that Total Waste Logistics (TWL) is the same company that our GUARD group has been fighting to keep out of GIrard since July 2005.

Regards,
Richard Natoli
Secretary,
Regional Environmental Alliance (for) Community Health (R.E.A.C.H.)

GUARD, OHEJ, and REACH members,
Attached below is an e-mail from John Schmidt of the Ohio EPA; in his note is the time for the RESCHEDULED public hearing on the "trash and C&DD burning plant" to be located near Alliance, Ohio in Mahoning County.

Greetings -

You will likely be notified separately through Ohio EPA's Public Interest Center (PIC), but sometimes redundancy is a good thing. I am passing this along because you expressed interest in the proposed waste-to-energy facility in Smith Township, Mahoning County, and we conversed either via telephone or email.

Ohio EPA's Division of Air Pollution Control (DAPC) will be holding a public hearing on a draft air permit for the Mahoning Renewable Waste-to-Energy Facility:

When: Tuesday, February 17, 2009, 6:30 p.m.
Where: McKinley High School, 225 East Indiana Avenue,
Sebring, OH 44672 (Mahoning County)

Note that a recent public notice in the Alliance Review had a hearing for the air permit scheduled for 01-28-09. Due to a glitch with public notices in the Youngstown Vindicator around the holidays, this has now been rescheduled to February 17. The DAPC engineer in our district office is Tim Fischer. I believe that the public comment period for this air permit is currently underway.

Note that Ohio EPA's Division of Solid and Infectious Waste Management (DSIWM) has not received a solid waste permit application for this proposed waste-to-energy facility, but one is expected soon.

For those interested, there is an applicant's meeting tonight for a solid waste transfer facility (rail unloading facility) that is proposed to service both the adjacent landfill and waste to energy facility. It will be at West Branch High School in Beloit, OH at 7 PM. I plan to attend and will give a brief overview of the permitting process and future public participation opportunities.

Let me know if you have any questions.

John M. Schmidt, R.S., P.E.
Ohio EPA, Division of Solid &
Infectious Waste Management
Northeast District Office
(330) 963-1175
Fax (330) 487-0769

Phone (330) 963-1175
Fax (330) 487-0769
email John.Schmidt@epa.state.oh.us

090104_Draft Permit_MAHONING COUNTY Trash Burning Request

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Ohio Has No Laws On School Siting

2008-12-25T16:53:00.002-05:00

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

Final Report of the Ohio Regulatory Reform Task Force

2008-12-20T07:18:00.006-05:00

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

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Schools: Toxic Hot Spots

2008-12-11T12:43:00.002-05:00

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.

Girard C&DD Landfill - 2009 Licence Status

2008-12-05T21:15:00.000-05:00

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

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

GUARD News - November 2008

2008-12-05T21:11:00.001-05:00

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

2008-12-05T12:31:00.005-05:00

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

Ethanol plant dedicated, first of three in Ohio

2008-01-28T16:37:00.000-05:00

January 11, 2008 - Tribune Chronicle
LEIPSIC (AP) -- Ohio finally got onboard the alternative fuel express Thursday with the dedication of the state's first ethanol plant, a $105 million facility capable of turning out 65 million gallons of ethanol a year.

The plant is the 22nd built by industry leader POET LLC of Sioux Falls, S.D., and is the first of three that the company plans to open in Ohio this year. Other plants are under construction in Marion and Fostoria.

"We are proud to be here today doing everything in our power to continue to move our nation away from Middle-East oil and toward Midwest ethanol," said Jeff Broin, chief executive of POET.

Dwayne Siekman, director of the Ohio Corn Growers Association, has said Ohio was the largest corn-producing state without an ethanol plant. Iowa, Minnesota and Nebraska each have more than a dozen plants.

Ethanol produced from corn typically is blended with gasoline in a ratio of about 10 percent ethanol and 90 percent gasoline. Some mixtures are 85 percent ethanol, but so-called E85 cannot be used in all vehicles, and mileage can be up to 25 percent less than gasoline, according to the Ethanol Promotion and Information Council.

POET has capacity to make about 1.2 billion gallons of ethanol a year at its plants, which are concentrated in the Midwest. The national capacity is about 7.2 billion gallons. The Ohio plant will convert an estimated 22 million bushels of corn a year, and is scheduled to start production in about two weeks.

"This increased production of ethanol in Ohio replaces millions of barrels of imported oil with domestic renewable energy," said Gov. Ted Strickland, who attended the dedication. "It is crucial that Ohio foster advanced, reliable and affordable energy sources, for our economy, our pocketbooks and our environment."

The plant, located about 90 miles northeast of Columbus, will employ about 45 people with an annual payroll of more than $2 million, the company said.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

Residents outline landfill concerns

2007-12-07T10:33:00.000-05:00

By RAYMOND L. SMITH Tribune Chronicle – December 7, 2007
CHAMPION — Area residents expressed a variety of concerns about the Lafarge Landfill in Lordstown and landfills planned for Hubbard and Girard during a nearly two-hour community forum Thursday night at Kent State University Trumbull Campus.

State Sen. Capri Cafaro, D-Hubbard, led the discussion of several dozen community residents and activists.

Rick Hernandez, a Hubbard resident and a member of Regional Environmental Alliance for Community Health (REACH), said he believes landfills are affecting the health of people living around them by polluting both the water tables and the air and they are affecting the value of their properties.

‘‘When you go to the bank to draw on the equity of your home, you might find out your equity is nothing if you live near a landfill,’’ he said.

But addressing air pollution complaints about the Lafarge landfill in Lordstown, Kevin Francis, a registered sanitarian with the Trumbull County Board of Health, said the department has conducted 3,000 air quality tests in a six-month period and has found no ‘‘smoking gun’’ that shows the landfill is creating hydrogen sulfide.

Questioned about the growth of the Lafarge plant, a company representative said the company is looking to expand the facility. The company is licensed to operate on 123 of the 300-plus acres it owns.

Kurt Princic, an environmental manager of the Ohio Environmental Protection Agency, told the group that the state is working to develop the rules that will be used to enforce legislation designed to strengthen construction and demolition debris laws and make it more expensive for companies outside of Ohio to ship their garbage to Ohio. The legislation is being developed in House Bill 397.

‘‘With no rules, HB 397 has no teeth,’’ Princic said. ‘‘There is nothing to enforce.’’

Princic said that when landfills close, the operators are responsible to make sure no leachate pollutes the area water tables for five years.

Currently, the companies are required to place at least two feet of good soil over the landfill and plant vegetation on top of it. The proposed legislation would require landfill owners to place 3 to 5 feet of soil on top of the landfills. Liners will have to be placed on the landfills to make sure water do not get into the demolition materials, creating leachate that will pollute area water tables.

Lillian Breedlove, a member of Girard United Against Ruinous Dumps (GUARD), cited a study that says Ohio has one of the highest levels of water pollution in the nation. Breedlove suggested the pollution has contributed to the area having a higher than normal incidents of cancer.

‘‘God did not make water toxic,’’ Breedlove said. ‘‘Something was placed in it to make it bad.’’
Hernandez said, ‘‘the way our tipping fees are structured makes it advantageous for companies outside of the state to dump their commercial construction and demolition debris in Ohio.’’

Bob Villers, a spokesman with the Geauga Trumbull Solid Waste District, said a way to prevent construction debris from coming into the state is to have them identify it as solid waste.

Trumbull county receives a higher percentage of landfill material than other areas of the state because it is on the Pennsylvania border and has a better than average rail system, he said.

REACH member Sally Shubert Hall said the state should not allow landfills to use slag from steel mills as liners, because the slag is filled with heavy metals creating a different pollution problem.

Commissioner Frank Fuda told the audience that one way to stop landfills from moving into communities is by zoning.

rsmith@tribune-chronicle.com

Townhall meeting to discuss landfills

2007-12-06T13:18:00.000-05:00

By RON SELAK JR.
Tribune Chronicle – December 6, 2007
WARREN--Some members of a local activist group upset that it’s been almost a year since new regulations governing construction and demolition debris landfills went into effect are questioning why nothing seemingly has been done under the guidelines.

They hope to get some answers tonight. A townhall meeting regarding construction and demolition debris landfills and the law enforcement issues surrounding them will be held 5:30 to 7:30 p.m. today at the Kent State University Trumbull Campus, 4314 Mahoning Ave. N.W., Champion. The meeting will be held in lecture hall A of the classroom administration building.

The townhall meeting will be used to address law enforcement issues surrounding Ohio’s many C&DD landfills where those concerned with landfills locally can quiz Ohio Environmental Protection Agency, state and other officials about the state of the state’s regulations.

The meeting is open to the public.

Much of the discussion is expected to surround Ohio’s now old law, designed to strengthen Ohio’s regulations, but what landfill watchers say is not being implemented.

It’s there, but it’s not being policed, said Rick Hernandez of Regional Environmental Alliance for Community Health (REACH), a watchdog group formed to promote environmental education.

OEPA spokesman Mike Settles said draft rules were drawn up in August 2006, and because of the strong interest in the topic the public comment period was extended from one month to three. The agency received some 1,400 comments, which needed responses, from people on both sides of the issue, he said.

“Nobody liked the rules, be it the citizens groups, be it the landfill operators, nor the legislators,” Settle said. Plus, Settles said, the agency wants to develop fair and equitable rules for the environment and landfills. “We want to have that pass muster legally and be scientifically sound and effective to protect the environment from the impact of the C&DD’s,” Settle said.

State Sen. Capri Cafaro is behind tonight’s meeting. “The objective is to raise awareness in the community and the county about the realities of the regulations and concerns surrounding C&DD landfills, which is what we have,” said Cafaro, D-Hubbard.

She said Ohio became the perfect breeding ground for C&DD landfills because of lax regulations -- Ohio didn’t regulate the facilities at all until 1990 -- and locally because of the railroad infrastructure, which has become the preferred method of transportation of the waste.

The new law has “made some good recommendations and steps in the right direction,” Cafaro said, but to her understanding, many of it’s advocates believe it doesn’t go far enough. She says the work done has been good, but more is still needed to make it cost prohibitive for landfills to set up shop in Ohio.

Some of the new rules include background checks for owners, operators and key employees; public hearing for new permits to install; more rigorous testing of leachate -- the fluid created when water soaks through the debris; and five years of monitoring after the facility closes.

Also, it calls for a 500-foot buffers between the debris and occupied dwellings, which include homes, churches, schools, hospitals and restaurants, certain streams, wetlands, lakes, parks and other nature areas, as well as a berm at least 6 feet high to separate the facility from nearby property.
rselak@tribune-chronicle.com

Love Canal activist to speak today

2007-11-30T14:50:00.000-05:00

By BILL RODGERS
Tribune Chronicle
LEAVITTSBURG -- Regional environmental groups will gather in the Johnson Community Center today to hear the woman dubbed Love Canal’s toxic avenger.

Starting at 9 a.m., the groups gathered by the Regional Environmental Alliance for Community Health (REACH) will hear from Lois Gibbs.

Gibbs is famous for the Love Canal, N.Y., struggle of 1978 in which she fought to relocate families whose homes were built overtop of a toxic waste dump near Niagara Falls, N.Y.

REACH has pushed for stricter restrictions for dumping hazardous construction and demolition debris in area landfills. Gibbs said she sees strength in citizens’ groups such as these.

“Love Canal demonstrated that the real world was full of regular people who can make a huge difference. There are two sources of power: money and the people with their votes,” she said.

Almost 30 years later, Gibbs is a full-time activist near Washington, D.C., for environmental law enforcement. Leavittsburg is her last stop as she tours Ohio with The Center for Health, Environment and Justice. She’s conducting brainstorming forums to formulate an environmental justice policy to pass along to state lawmakers.
Gibbs said the policy could require that citizens be notified if a company plans to seek a permit from the environmental protection agency or it could require tougher penalties on companies who violate environmental laws.

Today, the about 70 people attending the meeting will suggest ways Ohio could change to help the little people, REACH spokesmen said.
Rick Hernandez, REACH’s communication director, said his organization was worried about construction debris dumped in rural areas of the county whose residents use well water.

“There’s pulverized asbestos, carcinogens. The waste is cubed up and you don’t know what’s in there,” he said.

Gibbs recently visited communities near Toledo, Cincinnati, Columbus and Cleveland. She said people in these communities have been worried about pollutants from landfills, large corporate farms and “smokestack industries” such as the coal industry.

She said with Gov. Ted Strickland and Attorney General Marc Dann in office, Ohio might have the right sort of political climate to adopt a stricter environmental policy.

Gibbs thinks the country as a whole is getting more progressive that way, saying in 1978 that you used to be considered a hippie if you dared to recycle.

“It’s been hard, but we’re winning across the country. People are now thinking green,” she said.

Brodgers@tribune-chronicle.com

New date set in Girard eminent domain case

2007-09-11T10:38:00.000-05:00

Tribune Chronicle 9/06/07

WARREN: After a status hearing Wednesday in Trumbull County Common Pleas Court, a case in Girard that could stop a proposed landfill from being built there was continued for another month.

Girard filed appropriation proceedings in the court of Judge Peter Kontos with the intent of seizing through eminent domain about 40 acres. The majority of the land is owned by the Ohio Central Railroad Co. and has an appraised value price of $41,000.

The city, represented by attorney Frank Bodor of Warren, met Wednesday morning in the hearing with legal counsel for the railroad.

Another status hearing has been scheduled for October 31st on 68 acres where the city says it wishes to follow a plan created in 2000 by the Trumbull County Planning Commission to create a park and recreation area there. The remaining acreage that runs along the Mahoning River are owned by the Ohio Leather Co.

However, Total Waste Logistics has applied to build a construction and demolition debris (C&DD) landfill on much of the same property. It lies behind the Creekside Golf Dome off U.S. Route 422.

Girard Law Director Mark Standohar and local attorney Kurt Latell are battling the landfill issue at the state level.

An appeal has been filed with the EPA's Environmental Review Appeals Commission against a previous ruling by the U.S. EPA, which stated that if a landfill is approved in the city, TWL's application would be grandfathered in and the company would not have to follow new, more stringent landfill regulations.

The city has never stated that its plan to seize the land by eminent domain has any connection with the landfill.

Jennifer Kovacs
Reporter
Tribune Chronicle
330-841-1738
jkovacs@tribune-chronicle.com

Summary of the GUARD Committee Meeting August 18, 2007

2007-08-22T14:31:00.000-05:00

Amish Chicken & Roast Beef Dinner:
The date is set for Saturday, September 15th at the Knights of Columbus Hall in Girard. Mary Mihalick needs a volunteer to drive the four Amish cooks to the K of C Hall, and then back home again. She also needs another van or pickup truck to haul foodstuffs from West Farmington. Anyone who can help should call Mary at 330-545-4124. The Girard Robotics Team volunteered to help serve tables and clean up. The GUARD committee approved giving them free dinners (at our cost) to show them our appreciation. Mary needs everyone’s ticket money by Saturday, September 8th so she can get an accurate head count for the Amish cooks.

Girard Parade:
Sam Pagano drove his van in the Girard “End of Summer” parade on August 18th. He hung a GUARD banner on each side of the van to advertise GUARD’s presence in the city. Hutz Signs of Youngstown made the banners.

Ohio C&DD dumping fees may go up 10 cents / 8-10-07

2007-08-19T12:57:00.000-05:00

Debris-dumping fees may go up 10 cents
August 15, 2007
By Spencer Hunt

THE COLUMBUS DISPATCH

Companies that cart millions of tons of debris into Ohio from demolition sites might soon pay more to dump it.

The Ohio Environmental Protection Agency wants to collect a dime for every ton of waste dumped in the state's 61 debris landfills. About half of the nearly 6 million tons last year came from outside the state.

The proposed fee is the latest step in a state crackdown on debris landfills, whose owners aren't required to install plastic liners or take other steps to protect against contaminated groundwater.

The new fee -- raising an estimated $600,000 a year -- would help officials test for pollution that might leak from the dumps and threaten streams and drinking-water supplies.

Industry officials say no groundwater pollution has been linked to these landfills. But EPA officials and environmental advocates say there hasn't been enough work done to see whether problems exist.

"We don't have as clear a picture on these things that we'd like to have," said Andrew Booker, a supervisor in the EPA's Solid Waste Division.

Debris landfills went unregulated by the state for decades because they weren't considered environmental threats.

However, problems arose after several landfills started taking millions of tons of debris from waste haulers as far away as New Jersey and New York.

One site, Warren Recycling in Trumbull County, became notorious for underground fires and clouds of noxious hydrogen sulfide gas. The landfill closed in 2004.

The proposed fee would be added to a 60-cent-per-ton fee that state lawmakers imposed in 2005 to help city and county health departments inspect debris landfills.

Such landfills also collect a $1-per-ton state fee to help fund recycling and conservation programs run by the Ohio Department of Natural Resources.

Booker said the new fee would help the state and local health agencies drill groundwater monitoring wells where problems are suspected.

The EPA could start collecting the new fee by November, pending public comment and hearings.

Michael Cyphert, general counsel for the Construction and Demolition Association of Ohio, said his group is unlikely to oppose the fee. The costs will be passed to waste haulers and demolition companies.

"It's going to have an impact for large cities that have a lot of urban renewal projects," Cyphert said. "It's going to cost a little more to knock down those old homes and dispose of them."

The fee shouldn't hurt Scott Wrecking Co., which runs a debris landfill at 1377 Harmon Rd. on the South Side, said Greg McComas, the company's environmental consultant.

"When it's across-the-board and everyone is doing it, it doesn't create an unfair competitive situation," he said.

shunt@dispatch.com

8-6-07 GUARD will Host Amish Chicken & Roast Beef Dinner Sept 15

2007-08-09T12:09:00.000-05:00

G.U.A.R.D. (Girard United Against Ruinous Dumping) will host a delicious All you can eat - Buffet Style Amish Chicken & Roast Beef Dinner from 4:30 to 6:30 p.m. on Saturday, September 15th. It will be held at the Knights of Columbus Hall on South State Street in Girard.

The menu includes Baked Chicken with old fashioned stuffing, Roast Beef with "real" mashed potatoes and gravy, Homemade Bread, Green Beans, and Cole Slaw. Dessert includes Rich Butterscotch Date Pudding and a variety of homemade pies such as Apple, Peach, Blackberry, Red Raspberry, Pumpkin, Cherry Cream Cheese, and Pineapple Cream Cheese. Refreshments include Coffee, Tea, and Punch for the kids.

The cost for adults is $15, Children 4 to 12 years old $7.00, and Children under 4 years old eat free. Prepaid reservations will be taken by September 8th (no tickets will be sold at the door). Call Mary Mihalick at 330-545-4124 for tickets. Tickets will be also be available at Girard Chiropractic Center located in downtown Girard at 512 N. State Street (330-545-8170).

The proceeds will benefit Girard United Against Ruinous Dumping (G.U.A.R.D.). Support your local citizens fighting for better landfill restrictions!

Atlanta firm will turn trash into energy in Florida

2007-08-09T12:07:00.000-05:00

Harnessing the power of trash
Thursday, August 02, 2007
Michael Sangiacomo
Plain Dealer Reporter
It turns out the trash-burning DeLorean in “Back to the Future” may not be so far-fetched after all.

A company called GeoPlasma of Atlanta will finance, build and operate the first plant in the country to use a 10,000-degree plasma flame to turn household trash into electricity.

When fully operational, the plant in St. Lucie County, Fla., will vaporize 3,000 tons of waste a day.

The process, called plasma torch gasification, produces a burnable gas substitute called syngas that powers a turbine to pump enough energy back into the electric grid to run the plant and 75,000 homes daily. That’s enough to keep all the homes in a community about the size of Akron running completely on electricity created from refuse.

“It’s like bottled lightning, temperatures hotter than the sun,” said company President Hilburn Hillestad. “We can gasify anything. Any kind of household or construction materials including rocks and dirt can be used. We can even take sewage sludge and hospital waste and turn it into an inert slag.”

Environmentalists and garbage-clogged cities like New York are looking to Florida for a way to eliminate the nation’s trash problem and produce electricity. But using trash for energy could threaten states such as Ohio that cash in on storing others’ garbage.

Earl Scime, chairman of the physics department at West Virginia University, said high-temperature plasma torches break down toxic substances into more manageable forms. Like everyone else, he’s eager to see the plant when it begins operation in 2010.

“I don’t know the economics of it,” Scime said. “If they can pull it off and reduce waste in landfills and keep waste out of the ecosystem, it will be very impressive.”

State to monitor plant safety

Bill Haynes, GeoPlasma’s chief technical officer, said the process has been slowed a bit because everyone wants assurances of the plant’s safety. The Florida Department of Environmental Protection approved the plans, said Ron Roberts, assistant director of the St. Lucie County Department of Solid Waste.

Landfill groups form REACH

2007-07-04T11:14:00.000-05:00

By JENNIFER KOVACS Tribune Chronicle - July 2, 2007

HUBBARD — A leader of a local anti-landfill organization announced this week that a new regional non-profit agency has been formed through the joining of other watchdog groups in order to promote environmental education.

‘‘We are pretty much within the Northeast Ohio corridor. We aligned all the groups together,’’ said Rick Hernandez, communications director for the newly formed Regional Environmental Alliance for Community Health (REACH).

The organization is made up of representatives from Hubbard Environmental Land Protection (HELP); Girard United Against Ruinous Dumping (GUARD); Citizens Against Lordstown Landfills (CALL) and Our Lives Count (OLC) out of Warren.

Based on its motto, ‘‘Save the Earth. Start with Ohio,’’ REACH is aiming to work on a state and federal level to combat environmental issues facing the area by providing each groups’ own networking ability as well as the needed educational materials.

‘‘We thought it would be more powerful, and it would raise more awareness if the groups combined,’’ Hernandez said.

With OLC successful in achieving stricter regulations for dumping in construction and demolition debris (C&DD) landfills, like at its own Warren Recycling, the other groups have battled proposed landfills in Hubbard and Girard as well as the operation of the Lefarge landfill in Lordstown.

‘‘The demand of the issue for communities is pretty great,’’ said Debbie Roth, of OLC, which originally started out small and now has branched out as far as Pennsylvania and South Carolina.

Roth said her personal goals for the establishment of REACH is to educate citizens on what threats may be in their neighborhoods and what they can do when those threats become apparent — something that, unfortunately, she said has not happened in the past.

‘‘By the time they get up to speed on education, a lot of initiatives they could have taken have already passed,’’ Roth said. ‘‘We just want to be able to pass that knowledge along.’’

Those tips provided could be as simple as warning people that if railroad lines run through their neighborhood, they run a risk of having a landfill built nearby, Hernandez said.

But REACH aims to educate on more issues than landfill concerns.

Roth said that could be something like informing citizens on what to do with toxic mold found in the home or of the importance of recycling.

Roth added that many times when people find themselves in potentially fearful situations, like facing a proposed C&DD landfill, they may feel as though they are the fist to go through something like that and that having someone who knows the situation from a citizen’s viewpoint can be refreshing.

‘‘We want to offer support to individuals who have that,’’ she said. ‘‘People get frustrated because they don’t understand how this can happen.’’

Now through REACH, residents all over the region will have a group to turn to, and peers who not only know how it feels to be up against an environmental threat, but also who have the know-how to work with local, state and federal officials and agencies to fight back.

And forming that pool of knowledge is something Roth said REACH members are very excited about.

‘‘Together, everyone does have the same goal,’’ she said.

jkovacs@tribune-chronicle.com

Excerpts from June 18th GUARD Meeting

2007-06-19T12:48:00.000-05:00

Bike Trail – R. Natoli said that the railroad lawyers (at the June 5th hearing) proclaimed they owned the land where the Bike Trail is going North of the Girard parcel. Lily Martuccio replied that the Weathersfield property is owned by the railroad, but Niles owns the land where their trail will be installed.

REACH needs startup funds – Natoli briefed the group on the status of the new REACH coalition of four area landfills. They are in need of startup funds, and they are asking each group to contribute. The GUARD members present thought it was all right to loan the money, and when REACH has their first fundraiser, they could pay them back. The GUARD members felt that all four-coalition members should contribute equally; all of the burden should not be on GUARD.

REACH may be at the Trumbull County Fair – REACH is trying to reserve a booth at the fair, which will be held the second week in July from the 10th until the 15th. If they are able to get the booth, volunteers will be needed. Natoli asked the GUARD members present to think about donating 2 to 4 hours of time helping out in the REACH booth.

Floodplain Report by James Pirko - May 21st GUARD Meeting

2007-06-19T12:45:00.000-05:00

Jim discussed the flood plain in the area of the proposed North side C&DD landfill. He brought with him copies of the Army Core of Engineers flood plain maps issued in 1980. The maps had three different zones indicated as A, B, and C; zone A indicated the areas that would receive the most water overflow. He pointed an area on the Northwest corner of the property close to the Weathersfield Township border that would be a flood prone area (zone A). GUARD member Tony Kren volunteered to contact the Army Core to learn more about the maps.

When Jim was a Weathersfield Township Trustee, he fought against three different landfills in the area. One of them was behind McDonalds Restaurant in McKinley Heights, which caught on fire and caused a lot of problems. The second was near the RMI Titanium plant in Niles, which also caught on fire. The third one was on Austintown-Warren road and was in a flood plain. The operator of the Austintown landfill did prison time for the problems he created there.
He also discussed the decline of real estate values that would occur should the landfill go in behind the Golf Dome. His experience with Howard Hanna tells him that home values would definitely

LANDFILL RULES MONTHS AWAY May 17, 2007

2007-06-19T11:53:00.001-05:00

By STEPHEN ORAVECZ
Tribune Chronicle
COLUMBUS — Local activists are wondering why it is taking so long to adopt tough, new regulations for construction and demolition debris landfills. Lauraine Breda of Lordstown said the Legislature passed a get-tough law in December 2005, and a draft copy of the regulations needed to put the law into effect was completed last August. But the Ohio Environmental Protection Agency still is working on the final copy, she said. ‘‘It’s ridiculous,’’ Breda said. ‘‘We’re all the way to mid-May and we still do not have anything in place.’’ State Sen. Capri Cafaro, D-Hubbard, said she has gotten calls asking the same question.
At a focus group on the rules Wednesday in Columbus, Ohio EPA environmental manager Scott Heidenreich said it will take several more months. The EPA still is taking public comments on the draft rules and making some changes, he said. This process includes plans for a series of focus group meetings with concerned citizens and representatives from the industry and the health boards that regulate the landfills to make the rules as clear as possible and to address issues that could create opposition.
One such issue is an EPA proposal to require new or expanding C&DD landfills to install a liner to prevent water from leaching out of the landfill and possibly contaminating water supplies. Some in the industry want the EPA to explain the science it used in developing the regulation. Others say the liner goes beyond the regulations approved in the Legislature.
Heidenreich said the law does not specifically call for liners, but he said research the EPA did after the bill passed showed they are needed. Heidenreich said the EPA is not negotiating with any of the interested parties, but it is listening and responding to thoughts and suggests that can improve the regulations.
The EPA is considering a request from the parties to give them 90 days to make additional comments on the draft before the rules are submitted to the Joint Committee on Rules and Regulations (JCARR), a panel of lawmakers that gives the rules their final approval. Once the rules get to JCARR, there will be about one month for public comments before a public hearing is held. At that point, JCARR will hold a hearing that will give people their final chance to comment on the rules before the panel votes on the regulations.
However, after the public hearing, the EPA could decide the rules need more work and pull them back for more revisions. The new rules will include requirements to monitor water leaching out of the landfills or nearby groundwater, certification and training for operators, prohibitions on accepting debris that is pulverized to the point it cannot be recognized as construction material, procedures to properly shutdown a landfill and buffer zones.
Breda thinks there have been enough delays. ‘‘At least get the groundwater monitoring in started so we can start finding out what’s there,’’ she said.
soravecz@tribune-chronicle

Action needed to simplify and implement new C&DD laws

2007-05-18T08:40:00.001-05:00

Director of the Ohio EPA and JCAR Committee Members,
The purpose of this message is to request quick implementation of the new House Bill 397 changes into the Ohio EPA's Chapter 3745-500 rules.

I attended the focus group meeting on April 30th in Columbus Ohio hosted by Joany Snider and Scott Heidenreich of the Ohio EPA. People attending included landfill operators, lawyers, designers, consultants, health board representatives, and citizens groups. As you know, the purpose of the meeting was to review the "organization" of the documents that apply to existing landfills that do not expand their limits of debris placement. These documents are being revised and reorganized in order to incorporate the new requirements due to House Bill 397 which passed in December 2006.

Joany Snider reviewed the current proposal of Chapter 3745-400 rules, and the possible changes they might make. The meeting was scheduled from 10:00 AM until 4:00 PM, and the first portion of the meeting was taken up with comments from different representatives about the complexity of the rules. They commented about "references" to other supporting documents, and then "references" in the supporting documents to yet a third document. Scott Heidenreich told me that the Ohio EPA is trying their best to limit references to two jumps maximum.

The most comments came from the landfill operators, lawyers, and designers; they spent the first 90 minutes of the meeting complaining. They want to have a separate document for every type of landfill that exists. The landfill designers and lawyers said putting everything into the same package would create an unnecessary burden for them. But when I listened to them speak, it was clear to me that they are very intelligent people; they should be more than capable of understanding and abiding by the Chapter 3745-500 rules.

It makes me wonder if the landfill operators, lawyers, and designers are just trying to stall the implementation of the rules to keep from having to comply with the additional requirements from House Bill 397. I think it would be simpler, and lead to a quicker implementation, if the same specification was used for all the C&DD landfills. The Program Chapter 3745-500 with references to the new Multi-Program (MP) Chapters should work just fine.

I was told that less than 10% of the 70 plus existing landfills in Ohio will not expand. It does not make any sense to me that the Ohio EPA should do all that extra work required in order to have a separate document for such a small group of landfill owners.

Please implement the regulations from House Bill 397 into the EPA's Program Chapter 3745-500 with the new Multi-Program (MP) Chapters as soon as possible. The new requirements from HB 397 will improve the environment, and the health of the citizens of Ohio.

Sincerely,
Richard Natoli
Member, Girard United Against Ruinous Dumping (G.U.A.R.D.)

Columbus EPA Meeting 4/30/07

2007-05-18T08:30:00.000-05:00

GUARD Committee Members,
The Ohio EPA invited landfill owners, lawyers, designers, consultants, and citizens groups to their focus group meeting on April 30th in Columbus, Ohio. The purpose of the meeting was to review the "organization" of the documents that apply to existing landfills that do not expand their limits of debris placement. They are reorganizing those documents in order to incorporate the new requirements due to House Bill 397 which passed in December 2006.

The session was attended by four representatives [Debra Roth (Our Lives Count), Lauraine Breda (Citizens Against Lordstown Landfills), and Paul Oliva & Richard Natoli (Girard United Against Ruinous Dumping)] from Trumbull County citizens groups.

The EPA representatives reviewed the current version of Chapter 3745-400, and the possible changes they might make. There were 12 pages for that document sized 8 1/2" X 14". The meeting was scheduled from 10:00 AM until 4:00 PM, and the first portion of the meeting was taken up with comments from different representatives about the complexity of the rules. They complained about "references" to other supporting documents, and then "references" in the supporting documents to yet a third document in some cases. Scott Heidenreich told me that the Ohio EPA is trying their best to limit references to two jumps maximum.

The most complaints came from the landfill owners, lawyers, and designers; they spent most of the morning complaining. It makes a person wonder if they are just trying to stall the implementation of the rules to keep from having to comply with the additional requirements from House Bill 397.

The afternoon was spent reviewing the changes and reorganization of Chapter 3745-400. It was interesting to listen to that because the more one hears about the different requirements such as construction, ground water monitoring, and hydrogen sulfide gas, the better your understanding becomes.

There is another meeting in Columbus on Wednesday, May 16th. If anyone is willing to make the trip, please get in touch with me, and I can send you the details.

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

Pasta Dinner To benefit Girard United Against Ruinous Dumping (GUARD)

2007-03-23T14:27:00.000-05:00

We will hold a Pasta Dinner on Sunday, April 22nd at the Knights of Columbus Hall on South State Street from 11:30 AM until 3:00 PM. Details are as follows:

Sunday, April 22, 2007
11:30 a.m. – 3:00 p.m.
Knights of Columbus - Girard / South State Street
Adults – $7.00
Children 4 to 12 yrs. old – $3.00
Children under 4 yrs. old – FREE
Containers for your carryout orders are
available at 50 cents each

Menu
Pasta • Meatballs • Cake • Coffee • Tea • Milk for kids
(All the pasta you can eat!)

PLUS a 50/50 Raffle!!

Support your local citizens
fighting for better landfill restrictions.

See you there!

2007-03-15T14:30:00.000-05:00

This article appeared in March 15's Youngstown Vindicator. In the article, it says that Governor Ted Strickland wants to hear comments concerning the landfill in Columbiana County. The Governor used to live in Lisbon which is located in Columbiana County.

Warren Tribune: Commission Will Not Hear Landfill Appeal

2007-03-13T15:23:00.000-05:00

Interesting article in the Tribune regarding the landfill application for Hubbard Township (our friends at H.E.L.P.):

Commission will not hear landfill appeal

By JENNIFER KOVACS Tribune Chronicle 3 13 07
jkovacs@tribune-chronicle.com

COLUMBUS — A state commission found it does not have jurisdiction to hear an appeal filed by the company trying to build a landfill in Hubbard Township.

The motion was filed with the Environmental Review Appeals Commission (ERAC) by Trans Rail America, while a motion to dismiss was also filed by the Trumbull County Board of Health.

The county health board has twice found to be incomplete an application by Trans Rail to build a construction and demolition debris landfill (C&DD) on 243 acres at 6415 Mount Everett Road.

The company appealed to the state commission, which had to first decide whether it had jurisdiction over the case. ERAC can only hear cases after a final action is made by the governing local board, so Trans Rail’s attorney argued that the health board finding the application incomplete was a final decision.

Monday ERAC announced that the health board’s motion to dismiss was granted and Trans Rail’s appeal was dismissed. The state will not be hearing any case at this time, a spokesperson said.

‘‘Super,’’ was the reaction of township Trustee Fred Hanley.

Now Hanley said the township will wait for Trans Rail’s next move.

‘‘The ball is definitely in their court,’’ he said.

The company’s attorney Michael A. Cyphert, of Walter and Haverfield in Cleveland, said that he will be filing an appeal with the Franklin County Court of Appeals.

‘‘We believe that they, with all do respect to the commission, made a variety of findings of fact that were inaccurate,’’ Cyphert said about the ERAC decision.

Cyphert has long argued that the health board finding the application twice to be incomplete is about as final of an action as you can get. And without the commission allowing a hearing or for proper affidavits to be filed, the attorney said the members didn’t have all of the information needed to make a decision.

Cyphert went on to say precedent has been set that also should have been considered. A finding of incompleteness of an application has been found in the past to be a final action by the Franklin County court, he said.

‘‘We’ll raise that as an assignment of error on an appeal,’’ he said.

Rick Hernandez, of the community group Hubbard Environmental Land Protection (HELP), said that while happy to hear the ruling, he was well aware that the decision could be appealed and didn’t want to put too much weight into the announcement.

‘‘We here in the HELP camp are cautiously optimistic,’’ he said.

But Hernandez added that it appears things are moving in a positive direction for the township.

‘‘What is right is right. And this is right,’’ Hernandez said.

And while all the players wait for the appeal to be filed in Franklin County, another appeal will soon be heard here.

The township is fighting a July 2006, ruling by Common Pleas Judge W. Wyatt McKay that basically settled a zoning dispute between township officials and Trans Rail.

Trans Rail filed suit against the township in July 2004, arguing a claim by Hubbard officials that the property the corporation purchased in 2003 was zoned light industrial and required a zoning change to heavy industrial before the proposed 20.5-acre landfill could be built.

McKay’s decision stated that while the township had the intention of changing the zoning to specify light or heavy industrial on the property, it was never actually completed and the land is zoned simply ‘‘industrial.’’ And under that classification, a landfill could be built.

The appeal is expected to be heard in April by the 11th District Court of Appeals.

Hernandez said that after four years of fighting, HELP is in it for the long haul and will continue to raise money for the mounting legal bills.

‘‘It’s the only attitude. We don’t have a choice,’’ Hernandez said.

And Cyphert said that he, too, understands a lengthy battle is still ahead for Trans Rail.

‘‘We’re not going to get our permit voluntarily. They’re going to string this out until hell freezes over or until the Franklin County Court of Appeals rules otherwise,’’ he said.

Freeze on New Landfill Fees

2007-03-13T15:17:00.000-05:00

Scott Heidenreich from the Ohio EPA sent us the message attached below about C&DD Landfill dumping fees. It sounds like Governor Ted Strickland put a freeze on any new fees imposed by state agencies. Before this happened, the Ohio EPA tried to increase the landfill fees, and we do not know if they will try again after the Governor Strickland lifts the ban.

If anyone would like to send Scott a question, his e-mail address is at the bottom of the note.

The April 30th meeting in Columbus that he referred to is about discussing landfill rules. A representative from CALL, GUARD, HELP, and OLC will go to that meeting to find out if we can exert any influence to make the C&DD Landfill rules stiffer, or at least keep what we have now according to House Bill 397. The people who attend will participate with the Ohio EPA Division of Solid and Infectious Waste Management Workgroup to fit HB 397 and 432 into Chapter 400.

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

Deb, Lauraine, and Richard,

I just wanted to give you a heads up about an item in the budget that
may be of interest to you. To be consistent with Governor
Strickland’s fiscal directive that state agencies not impose any
new fees, Ohio EPA is withdrawing its proposed rule (3745-520-50) that
would have levied an additional fee on disposal of construction and
demolition debris. Ohio EPA’s public hearing on the proposed rule,
which would have been on Monday, March 19, 2007, at 10:00 a.m., at Ohio
EPA’s headquarters, is cancelled. No further action will be taken on
this matter until further notice.

That's all the information I have about this.

This doesn't affect our April 30th meeting about reorganizing Chapter
400. See you then.

Scott

Scott D. Heidenreich, MPH, RS.
Environmental Manager
Division of Solid and Infectious Waste Management
Ohio EPA, Central Office
P.O. Box 1049
Columbus, OH 43216-1049
Phone: 614-728-5333
Fax:614-728-5315
scott.heidenreich@epa.state.oh.us

Vindicator Editorial: Attorney general has reason to evaluate solid waste laws

2007-03-10T15:19:00.000-05:00

The folllowing is an interesting Youngstown Vindicator "editorial" about our Ohio Attorney General Marc Dann:

Attorney general has reason to evaluate solid waste laws

Vindicator: Editorial 3-10-07

As the debate rages in various communities in the Mahoning Valley over the issue of landfills and the belief that the region has become a dumping ground for in-state and out-of-state trash and construction and demolition debris, there is now a state officeholder who has first-hand knowledge of what’s going on.

Attorney General Marc Dann of Liberty Township, a former state senator and school board member, along with state Rep. Sandra Stabile Harwood and other local legislators, has long expressed concern about Ohio’s solid waste laws and their impact on local communities.

Indeed, in September 2003, in the midst of a rally by citizens, representatives of environmental groups and state and local legislators in opposition to a planned landfill in Lordstown, Dann made the following statement: “I’ll be damned if I’m going to let
Trumbull County become a dumping ground for the eastern United States.”

Well, he now has the power, as the state’s chief lawyer, to review the legislation on the books and U.S. Supreme Court rulings on the flow of garbage and trash across state lines within the context of interstate commerce.

We realize that Dann, who took office in January, has a lot on his plate, but this is an issue that directly impacts the health, safety and welfare of the residents of the state. Options?

One of the questions the attorney general should seek to answer is this: Despite court opinions that laws designed to limit out-of-state garbage are unconstitutional, is there anything Ohio can do to stem the tide of East Coast garbage? It has long been suggested that the comparatively low tipping fees make this state attractive to waste haulers in New York and New Jersey. If that’s true, can fees be raised within the constraints of the federal court rulings?

Our interest in this issue was renewed recently with the front page story out of Poland Township headlined “Plan to increase landfill tonnage stirs concern.” It details plans by the BFI’s Carbon Limestone Sanitary Landfill on State Line Road to increase the amount of solid waste it takes in each day.

Some residents are objecting because the increase would result in more truck traffic and other
activity related to the landfill’s operation. The company is asking the Ohio EPA to permit an increase from 6,500 tons per day to 11,000 tons a day the amount of municipal solid waste allowed into the facility under its existing permit.

The request will be handled in Columbus, which is where Attorney General Dann can step in. As the state’s lawyer, he has the authority to review every legal document pertaining to state government. He should take this opportunity to conduct a review of the laws, rules and regulations on the books and determine whether they provide adequate protection to the residents of Ohio.

It should not take up a great deal of his time, seeing as how he already delved into the issue during his tenure as a state senator.

Tribune Article - Mark Standohar's Appeal

2007-02-27T15:25:00.000-05:00

The February 27th article copied below by Jennifer Kovacs of the Tribune Chronicle is certainly good news. It says that Attorney General Marc Dann has allowed Girard City attorney Mark Standohar until March 7th to file an appeal to overturn the Ohio EPA director's ruling on TWL's application for the north side landfill. If Mark's appeal is successful, that means TWL will have to abide by the new EPA rules passed in December 2006. The new rules are much more strict than the old ones.

. . . . . . . . . .

Dann offers hand in landfill battle

By JENNIFER KOVACS, Tribune Chronicle
jkovacs@tribune-chronicle.com

GIRARD - A roadblock that could have prevented the city from appealing to restrict a proposed landfill was cleared by a friend to the area who has the authority to help.

Ohio Attorney General Marc Dann directed his staff to withdraw a motion filed with the Environmental Review Appeals Commission that it reject the city's appeal of an Ohio EPA ruling that would permit Total Waste Logistics (TWL) to build a Construction & Demolition Debris (C&DD) landfill under old regulations.

The city wants the planned construction and demolition debris landfill to comply with more stringent rules put into place last year.

"I am withdrawing the motion because I believe the city was improperly denied an opportunity to appeal and because I strongly disagree with the OEPA's original ruling in this case,"Dann wrote in a statement that Law Director Mark Standohar presented to City Council Monday.

"I commend the city for continuing to fight this important battle, and I do not want them to lose on a bureaucratic technicality, especially when I believe they are right," Dann wrote.

TWL has applied to build the facility behind the Creekside Golf Dome off U.S. Route 422. The company asked the EPA to decide whether it would have to operate based on new or old guidelines if the landfill is approved.

The EPA had decided in December TWL would be grandfathered in under old laws. Dann's office filed a motion to dismiss an appeal by Girard because it was not filed within 30 days of the EPA's decision. The city argued that it could not have submitted a response to the ruling within that time because it didn't receive any word of it until three days after the deadline.

A frustrating experience for Standohar, he said the situation was out of Girard's hands because a formal notice of the EPA decision even today has yet to be forwarded to the city as an interested party, which created what he called an "unjust result."

In his letter to Standohar and Mayor James Melfi, Dann agreed.

"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 states.

"As a legislator, I worked hard to prevent Ohio from becoming the garbage dump for the eastern United States. As attorney general, I will use my authority whenever possible to safeguard the public health," the letter states.

Councilman Frank Migliozzi said: "At least this gives us a little leg to stand on."

A preliminary hearing is scheduled for March 14 with ERAC.

Girard gets 2nd chance to appeal Landfill Ruling

2007-02-23T16:28:00.000-05:00

Girard gets state appeal

By JENNIFER KOVACS Tribune Chronicle
jkovacs@tribune-chronicle.com

GIRARD — The city has been given another shot to go up against the state, which has argued Girard took too much time to respond to a ruling that a proposed landfill would not have to be built according to new, stricter guidelines.

Law Director Mark Standohar said the city couldn’t possibly have met its 30-day deadline because it never was informed the Environmental Protection Agency made that ruling.

‘‘While very disappointed that it was not brought to my attention earlier, I’m going to do whatever I can to fight the good fight and battle the appeal,’’ Standohar said.

Now Standohar has been given until March 7 to file his response to the Environmental Review Appeals Commission (ERAC) to argue why an appeal by the city should be heard, while Attorney General Marc Dann’s office is stating that by law, the commission must dismiss Girard’s appeal.

The issue stems from events unfolding over a period of about eight months, of which Standohar said he was not notified.

In April 2006, Total Waste Logistics (TWL) requested the EPA make a decision on whether its proposed construction and demolition debris landfill would be governed by old regulations or newer restrictions that went into effect in December 2005.

Because TWL filed its application to build the landfill behind the Creekside Golf Dome off U.S. Route 422 prior to those new laws being implemented, the EPA ruled in December 2006 that, if approved, the landfill would not have to meet those new guidelines.

The landfill application has continued to be found incomplete by the Girard Board of Health.

On Dec. 21, 2006, a public notification was published in the Tribune Chronicle of the EPA’s decision — something Standohar said he and other city officials never saw. But, he added, he wasn’t looking for it because the city was never notified that TWL had asked for an EPA ruling on the issue.

‘‘At no time was I informed or consulted regarding any pending or issued EPA decision involving the landfill,’’ he said.

And when a notice was eventually mailed by the EPA, Standohar said it was sent to the Trumbull County Board of Health instead of Girard’s own board. By the time the error was discovered, it was Jan. 22 when the law director heard of the decision.

‘‘We contacted ERAC at that time, explaining the scenario that had taken place,’’ Standohar said.

But by law a response to that decision had to be filed by the city within 30 days from that notification being published. Standohar said the expiration date was Jan. 19, ‘‘three days before I’m even first notified of this situation.’’

The city sent its response to ERAC, contesting the decision. But the attorney general’s office then filed its motion to dismiss that appeal.

‘‘If a party fails to file within the 30-day period, then the commission will dismiss the appeal on the ground that it lacks subject matter jurisdiction to hear the appeal,’’ the motion reads.

The filing further outlines that the EPA followed procedure by making and publicizing the notification and that the health board failed to meet its requirement to contest it by not submitting an appeal until Jan. 24.

But now that Standohar has until March 7, he said he’s going to do his best to convince the appeals commission to hear why Girard’s 30-day period for response should have rather gone into effect when the city actually knew of the decision.

‘‘I’m going to have to try to pull it out of the fire,’’ he said.

Standohar said his argument is based on his belief the Girard health board should have been the main point of notification.

‘‘The Girard Board of Health was absolutely an essential party to receive actual notice of this EPA decision due to the fact that state law delegates much of the EPA director’s authority to the local health district. If the board does not receive this directive, how can they then carry out their duties to properly regulate and administer the landfill situation?’’ he said.