Friday, December 09, 2005

 

Landfill wants to quadruple size; trustees to challenge

December 9, 2005
By Kelli Young Canton Repository Staff Writer

An Osnaburg Township disposal company that sits just outside of East Canton’s downtown area wants to quadruple the size of its landfill.

Township trustees and village officials are mounting a challenge.

They met with Stark County Health Department officials Thursday after recently learning that Stark C&D Disposal — a construction and demolition debris landfill — submitted an application in September to expand its 20-acre landfill by 95 acres. They wanted to know how to stop the expansion.

But Health Commissioner William Franks said Ohio law gives his department little discretion.

“If whatever is being proposed meets the site criteria and regulations, ... we’re obligated to give the permit,” he said.

The department has until Dec. 25 to either approve, reject or ask the company to revise its plan.

John Eslich, president of Stark C&D, said the company at 7280 Lisbon St. SE still could operate even without the expansion.

“We’re not filled up,” Eslich said. “We’re looking to the future . . . With the laws continually changing, we felt the time was right to do it at this point.”

A proposed state law that would more strictly regulate the landfills is expected to be considered by legislators next week. Construction and demolition debris landfills accept materials such as bricks, wood, concrete, vinyl siding, steel, plaster, roofing, asphalt and drywall. They do not accept garbage.

Kirk Norris, director of environmental health, said he still is reviewing Eslich’s permit application, but does plan to send a letter soon asking for revisions.

In the letter, Norris told the trustees that the department can ask Stark C&D about whether the expansion conforms to township zoning laws, but state law doesn’t allow the department to reject a permit based solely on zoning.

“Zoning is not addressed in the law at all,” Norris said. “We can’t enforce your zoning ordinances ... . That’s something you have to do as a township.”

Trustee-elect Donna Middaugh said the property is zoned single-family residential, but the landfill is considered nonconforming.

She said a nonconforming business only can expand by 25 percent under zoning laws. Even that expansion, which would equal five acres at Stark C&D, must be approved by the Osnaburg Township Board of Zoning Appeals, she said.

She said the company hasn’t contacted the township.

“It kind of makes you think they thought this was going to slide through,” she said.

But Eslich, who was unaware of the trustees’ meeting, said there’s nothing underhanded with the application. He believes the landfill has the correct zoning.

“That was handled in the ’80s (when the landfill began),” he said. “We’ve used it as a landfill, and that is what we will continue to do.”

He said if trustees don’t agree, then he will discuss it with the township.

Reach Repository writer Kelli Young at (330) 580-8339.