A lot of trash talk in Columbus
Ohio Senator Tom NiehausCOLUMBUS – There have been a lot of people talking trash in Columbus recently, and that talk is likely to intensify over the next two weeks. The legislature is in the final days of discussion about two bills that contain new regulations for the location and operation of construction and demolition debris landfills.
House Bill 397 and Senate Bill 234 are companion bills, which means they are similar in content and the sponsors are working together to make changes to the state C&DD laws. Representative John Hagan introduced HB 397 in the House this spring and is the primary proponent for changes. I introduced SB 234 last week so members of my Environment and Natural Resources Committee could hear testimony on the progress of discussions.
The moratorium on the issuance of new permits for C&DD facilities expires December 31, [2005] so unless legislators pass a new law or extend the moratorium, operators will begin 2006 with the same regulations that currently exist. Residents of communities where landfills currently operate or are planned want tougher regulations.
C&DD landfills are not as controversial in our part of the state as they are in northeastern Ohio where, for instance, residents of Trumbull County are fighting the proposed location of another landfill in the city of Girard. Trainloads of trash from the east cost arrive seven days a week in Trumbull County on the Pennsylvania border. It is cheaper for communities in New York and New Jersey to ship their debris to Ohio for disposal than to dispose of it in their own state.
Unfortunately, we cannot charge more for out-of-state waste than for in-state waste due to the commerce clause in the U.S. Constitution. If that were legal, it would be one way to discourage the shipment of this debris.
Opponents of new or expanded landfills formed a group called Our Lives Count and have been among the most vocal proponents of tougher rules for the location and operation of landfills. Their county was home to one of the most notorious operations, Warren Recycling Landfill.
Complaints from residents about nausea, headaches, eye irritation and respiratory irritation as a result of exposure to hydrogen sulfide in the air have made the Warren site the poster child for bad operations. High concentrations of drywall that come into contact with water can create a public health hazard. After living through the Warren Recycling debacle, Trumbull County residents, and especially those from the city of Girard, are fighting the opening of yet another C&DD landfill.
One of the more contentious issues in the proposed legislation is a grandfather clause. This allows landfill operators who applied for permits prior to July 1, 2005, when the moratorium began, and who meet certain benchmarks, to operate under the old setback requirements and not the new ones proposed in both HB 397 and SB 234. They would still have to follow the new operational procedures.
I support the grandfather clause on the basis of fairness. If someone filed a legitimate application and followed the rules in effect prior to the moratorium but had not yet received a license to operate, I believe it would be unfair to force them to follow the new setback requirements.
How would you feel if you had purchased a lot zoned for single family homes, paid an architect to draw up plans in accordance with the current zoning and building codes, only to be told the day before you started construction you could not build your dream house because the code was being changed? Would that be fair?
Most people do not want a landfill in their community. However, as long as we continue to tear down buildings, build and remodel homes, we must have a place to dispose of the debris. Our challenge as legislators is to find that balance between protecting residents and the environment while providing for the proper disposal of C&DD waste.
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.