Panel in House OKs Landfill Bill
Mahoning Valley lawmakers failed to get three amendments approved.
By Jeff Ortega
Youngstown Vindicator Correspondent
December 8, 2005
COLUMBUS — The Ohio House of Representatives is poised to consider a bill Tuesday that backers say would reform how construction, demolition and debris landfills are regulated.
The House Economic Development And Environment Committee overwhelmingly approved the measure Wednesday.
"This a huge difference in CD&D law in the state of Ohio," said state Rep. Thom Collier, a Mount Vernon Republican and chairman of the House's economic development committee.
"Currently, there are no siting criteria at all. We'll have siting criteria," Collier said.
"There are no lookbacks on owners and operators; we'll certainly have that. There are no operational regulations near to the degree that we'll have in the bill," Collier said.
What law says
Current state law says that proposed CD&D dumps cannot be in a 100-year flood plain, nor can they be sited within the boundaries of a sole-source aquifer.
The measure, sponsored by state Rep. John P. Hagan, an Alliance-area Republican, says that proposed CD&D dumps can't be sited at least 500 feet from a residence unless the owner agrees, or unless the proposed dump owns the residence.
Also, the measure says that proposed CD&D dumps must not be within 500 feet of a national park, state park or recreation area or 100 feet from a so-called perennial stream.
The bill also contains a grandfather clause covering applications that have already been submitted to the state before July 1, the date a six-moratorium on new CD&D dumps went into effect. The moratorium expires Dec. 31 [2005].
Under the measure, applicants who've "acquired an interest in property," applicants who have begun a hydrogeologic study and engineering study and whose applications would have been complete if the moratorium was not in effect would be subject to current regulations.
Tabled by lawmakers
Lawmakers tabled an amendment offered by state Rep. Randy Law, a Warren Republican, that would have stripped the grandfather clause from the bill.
They tabled another proposed Law amendment that would have allowed health boards to insist that CD&D dumps be 1,000 feet from a residence unless they deem that 500 feet would be safe.
Lawmakers also tabled an amendment offered by state Rep. Sandra Stabile Harwood, a Niles Democrat, that would have mandated that proposed CD&D dumps be set back from all rivers by 500 feet.
Under the bill, only rivers designated "scenic" or "wild" would have the 500-foot setbacks from proposed CD&D dumps.
The proposed grandfather clause and some of the setback provisions drew opposition from others as well.
Debbie Roth, president of Our Lives Count, a citizens group, told lawmakers that the proposed grandfather-clause was unacceptable.
"What is the rationale for figuring out we need specific siting criteria on CD&D landfills as protection for the environment ... and yet we can somehow justify allowing how many more of them to be grandfathered to the old siting criteria under the old laws?" Roth asked.
Roth also labeled the 500-foot setback of proposed CD&D dumps to residences as "inadequate." There are at least six applications for new CD&D dumps pending in Ohio.
Information provided by Assistant Ohio EPA Director Laura H. Powell said those include two applications in Trumbull County, two in Morrow County, one in Mahoning County and one in Crawford County.
By Jeff Ortega
Youngstown Vindicator Correspondent
December 8, 2005
COLUMBUS — The Ohio House of Representatives is poised to consider a bill Tuesday that backers say would reform how construction, demolition and debris landfills are regulated.
The House Economic Development And Environment Committee overwhelmingly approved the measure Wednesday.
"This a huge difference in CD&D law in the state of Ohio," said state Rep. Thom Collier, a Mount Vernon Republican and chairman of the House's economic development committee.
"Currently, there are no siting criteria at all. We'll have siting criteria," Collier said.
"There are no lookbacks on owners and operators; we'll certainly have that. There are no operational regulations near to the degree that we'll have in the bill," Collier said.
What law says
Current state law says that proposed CD&D dumps cannot be in a 100-year flood plain, nor can they be sited within the boundaries of a sole-source aquifer.
The measure, sponsored by state Rep. John P. Hagan, an Alliance-area Republican, says that proposed CD&D dumps can't be sited at least 500 feet from a residence unless the owner agrees, or unless the proposed dump owns the residence.
Also, the measure says that proposed CD&D dumps must not be within 500 feet of a national park, state park or recreation area or 100 feet from a so-called perennial stream.
The bill also contains a grandfather clause covering applications that have already been submitted to the state before July 1, the date a six-moratorium on new CD&D dumps went into effect. The moratorium expires Dec. 31 [2005].
Under the measure, applicants who've "acquired an interest in property," applicants who have begun a hydrogeologic study and engineering study and whose applications would have been complete if the moratorium was not in effect would be subject to current regulations.
Tabled by lawmakers
Lawmakers tabled an amendment offered by state Rep. Randy Law, a Warren Republican, that would have stripped the grandfather clause from the bill.
They tabled another proposed Law amendment that would have allowed health boards to insist that CD&D dumps be 1,000 feet from a residence unless they deem that 500 feet would be safe.
Lawmakers also tabled an amendment offered by state Rep. Sandra Stabile Harwood, a Niles Democrat, that would have mandated that proposed CD&D dumps be set back from all rivers by 500 feet.
Under the bill, only rivers designated "scenic" or "wild" would have the 500-foot setbacks from proposed CD&D dumps.
The proposed grandfather clause and some of the setback provisions drew opposition from others as well.
Debbie Roth, president of Our Lives Count, a citizens group, told lawmakers that the proposed grandfather-clause was unacceptable.
"What is the rationale for figuring out we need specific siting criteria on CD&D landfills as protection for the environment ... and yet we can somehow justify allowing how many more of them to be grandfathered to the old siting criteria under the old laws?" Roth asked.
Roth also labeled the 500-foot setback of proposed CD&D dumps to residences as "inadequate." There are at least six applications for new CD&D dumps pending in Ohio.
Information provided by Assistant Ohio EPA Director Laura H. Powell said those include two applications in Trumbull County, two in Morrow County, one in Mahoning County and one in Crawford County.
Majority Republicans said the bill is expected to go before the full House on Tuesday. The Ohio Senate is considering similar legislation.
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