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Akron, Summit leaders fight waste district's rules that would keep garbage out if standard not met
By Bob Downing
Beacon Journal staff writer
Published on Friday, May 15, 2009
A controversial rule that could keep trash from Summit and Cuyahoga counties out of Stark County landfills faces new challenges.
A hearing to rescind the rule that could bar counties that recycle less garbage than Stark, Tuscarawas and Wayne counties is slated for today before the Ohio Senate Finance Committee.
Akron Councilman Michael Williams will testify for the Summit-Akron Solid Waste Management Authority to limit garbage districts from adopting such rules.
Summit County Executive Russ Pry has submitted written testimony seeking to rescind the rule.
Officials in Stark, Wayne and Tuscarawas counties are marshalling their political clout to keep the rule.
The move to rescind the rule has already been approved by the Ohio House in an amendment to the state budget bill.
In addition, the Ohio Supreme Court has agreed to consider an appeal of lower court decisions that had backed the rule adopted by the Stark-Tuscarawas-Wayne Solid Waste Management District.
Court upholds rule
The National Solid Wastes Management Association, a trade group based in Washington, D.C., had filed suit against the rule. But the rule was upheld by now-retired Stark Common Pleas Judge Richard D. Reinbold Jr.
His decision was supported by the Canton-based 5th District Court of Appeals. Summit and Cuyahoga counties had filed arguments supporting the national association.
The Stark-Tuscarawas-Wayne garbage district is fighting to keep the rule, which would go into effect on June 1.
The three-county district in late 2006 adopted the rule because officials were tired of being the dumping ground for 13 percent of Ohio's garbage at two landfills in Stark County and one in Tuscarawas County.
Under the rule, counties shipping trash to those three landfills could do so only if they recycle more than Stark, Tuscarawas and Wayne counties or provide more access to recycling under a complicated state formula.
Counties had to apply to Stark-Tuscarawas-Wayne for permits. They had to provide 2005, 2006 and 2007 recycling data that were also submitted to the Ohio Environmental Protection Agency on the percentage of residential-commercial trash and the percentage of industrial waste that are recycled. The two recycling rates, averaged over the three years, must meet or beat Stark-Tuscarawas-Wayne averages.
Or alternatively, the counties had to provide greater access to recycling than the Stark-Tuscarawas-Wayne district does.
Comply or go elsewhere
Counties unable to comply with the new rule would be forced to ship their waste to other landfills.
Eleven districts covering 21 Ohio counties have been approved to keep using the landfills after June 1 and no county was rejected.
Counties winning approval included Summit, Portage and Cuyahoga. Medina County does ship any trash to the landfills involved in the dispute.
The rule covers the American Landfill in Stark's Sandy Township, Countywide Recycling & Disposal Facility in Stark's Pike Township and Kimble Landfill near Dover in Tuscarawas.
Bob Downing can be reached at 330-996-3745 or bdowning@thebeaconjournal.com.
A controversial rule that could keep trash from Summit and Cuyahoga counties out of Stark County landfills faces new challenges.
Get the full article here.
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