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Agency's proposed recycling rule might prevent neighbors from shipping trash to Stark landfills
By Bob Downing
Beacon Journal staff writer
Published on Sunday, Sep 07, 2008
The garbage district that includes Stark, Wayne and Tuscarawas counties is proceeding with a controversial rule that could ban dumping garbage from Summit and Cuyahoga counties into its landfills.
It appears that Summit County is safe based on preliminary data from 2005-07, but Cuyahoga County could be in trouble because of low industrial recycling there, said David Held, executive director of the three-county district.
Under the rule, Stark-Tuscarawas-Wayne intends to ban all trash shipments to its three landfills if the shipping county recycles less garbage than the three-county district does.
Only counties that recycle more trash than Stark, Tuscarawas and Wayne would be permitted to use its landfills, including two of the biggest landfills in Ohio.
The rule would not take effect until June 1.
Summit County is keeping a close eye on what's happening and hopes to get clarification soon, said Yolanda Walker, executive director of the Summit-Akron Solid Waste Management Authority.
Most of Summit County's trash goes to two Stark County landfills: American in Sandy Township and Countywide in Pike Township.
The new rule, adopted in late 2006, is the subject of a hearing Tuesday before the 5th District Court of Appeals in Canton.
Last December, Stark Common Pleas Judge Richard D. Reinbold Jr. ruled that the provision is valid and the district is within its rights to reject waste if the shipping counties recycle less than the three-county district. He postponed enactment of the rule from Jan. 1 until June 1.
The ruling came in a lawsuit filed against the rule by
the National Solid Wastes Management Association, a trade group based in Washington, D.C.
Summit and Cuyahoga counties filed briefs with the court supporting the national association.
Summit County also appealed the rule to the Ohio Environmental Review Appeals Commission.
The rule was adopted after Stark, Wayne and Tuscarawas officials said they were tired of being a dumping ground for 13 percent of Ohio's trash.
In addition to the Stark County landfills, trash is dumped at Kimble in Tuscarawas County.
The three-county district took in about 3.5 million tons of trash in 2005: 900,000 tons from its three counties, 520,000 tons from out of state and 2 million tons from other Ohio counties.
Under rules adopted Friday, the Stark-Tuscarawas-Wayne district will mail letters to all Ohio solid waste districts notifying them of the requirement and informing them that applications must be filed by Nov. 3.
Counties that want to use landfills in the three counties must complete the paperwork and pay a $100 application fee.
They must provide 2005, 2006 and 2007 data provided to the Ohio EPA on the percentage of residential-commercial trash and the percentage of industrial waste recycled.
The two recycling rates will be averaged over the three years. Other counties or garbage districts must beat Stark-Tuscarawas-Wayne in both areas or they will not be permitted to use the three landfills, Held said.
A list of counties permitted to use its landfills will be posted on Jan. 2, the district said.
Recycling rates
The Ohio EPA says the three counties in 2005 recycled 11 percent of their residential-commercial trash and 71 percent of their industrial waste.
In 2005, Summit County recycled 17 percent of its residential-commercial garbage and 75 percent of its industrial waste.
In 2006, the three counties recycled 11 percent of residential-commercial trash and 70 percent of industrial.
In 2006, Summit County recycled 22 percent of residential-commercial and 51 percent of industrial.
The 2007 data will not be available until later this year, said agency spokesman Mike Settles.
The state requirement is that 25 percent of residential-commercial trash and 50 percent of industrial waste be recycled.
Counties could alternately prove that they provide recycling to more of their residents. The three counties provide recycling to more than 90 percent of their residents. Summit County's figure is close to 91 percent.
Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.
The garbage district that includes Stark, Wayne and Tuscarawas counties is proceeding with a controversial rule that could ban dumping garbage from Summit and Cuyahoga counties into its landfills.
Get the full article here.
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