Thursday, November 10, 2005

 

Ohio Senator Tom Niehaus on C&D LF debris

Landfill debris causes contention

Tom Niehaus Ohio State Senator



COLUMBUS "One man's trash is another man's treasure." While that saying is normally used in reference to unwanted items being discarded by one individual and sought by another, it describes the ongoing battle between construction and demolition debris landfill operators and some of their proposed neighbors.

One of the latest sagas in this perennial battle is playing out in the Ohio House now, and it will be coming to the Senate committee I chair, Environment and Natural Resources, in a few weeks.

The budget bill passed earlier this year created the Construction and Demolition Debris Task Force, and required members to conduct hearings and submit a report to the legislature by September 30. That same bill included a moratorium on issuing new operating licenses for what are commonly called C&DD facilities between July 1 and December 31 The expiration of that moratorium is driving the initiative to adopt new rules.

C&DD landfills accept the waste material from new construction, remodeling and demolition projects. They cannot accept solid waste. The regulations governing solid waste, the material you put in your garbage cans at home, are more stringent than those for construction debris. Solid waste has more potential for harm to the environment than most construction debris.

As a member of the C&DD Task Force, I participated in the August and September meetings. The committee issued its report, and while there was agreement on many points, some issues remained problematic. Those remaining issues have been the focus of legislative hearings in the House and at least one marathon interested parties meeting.

The most contentious issue is the location of these landfills. Opponents do not want them in their backyards. Others want C&DD landfills to follow the tougher regulations governing solid waste landfills. One problem with that proposal is the C&DD waste will use up more of our dwindling solid waste disposal space.

In addition, if C&DD facilities must meet the solid waste regulations, they might as well accept solid waste, and these same opponents who do not want construction debris in their neighborhood are even less likely to want solid waste.

If the legislature does not act before December 31, the moratorium will expire and C&DD facilities will be free to operate under existing laws. The task force recommended tougher regulations, including greater setback distances from homes, and the House committee is rushing to pass HB 397 so those recommendations become law when the moratorium expires.

The Senate will have limited time for debate if we are to meet the Dec. 31 deadline, so I have taken the unusual step of participating in the House discussions. My goal is to be thoroughly familiar with the proposal so when it comes to my committee I am familiar and comfortable with its contents.

Last Wednesday the House heard various witnesses testify for three hours about the proposed changes. I then joined the chairman and one member of the committee and almost 40 interested parties at what turned out to be a marathon seven-hour interested parties meeting that did not break up until close to midnight.

The group agreed on a proposal, and sent the legislation back to be rewritten. An electronic version was made available for everyone to review over the weekend. The House committee will meet again this week to ensure the bill says what those involved agreed it would say.

Regardless of the outcome, it is certain everyone will not be completely happy with the results. Disposal of CC&D or solid waste is always contentious.

To contact Senator Tom Niehaus call (614) 466-8082, e-mail him at tniehaus@ mailr.sen.state.oh.us, or write to him at the Ohio Senate, Room 38, Statehouse, Columbus, OH 43215. Please include your home telephone number.