Waste district appeals ERAC ruling
BY Robert Wang
The Canton Repository
BOLIVAR - The local waste district today appealed a ruling by a state panel that upheld the granting of an expansion permit to the Countywide Recycling and Disposal Facility.
The vote was 5 to 3 in a special meeting of the board of the Stark-Tuscarawas-Wayne Joint Solid Waste Management District.
The motion’s supporters were Stark County Commissioner Todd Bosley, Wayne County Commissioner Scott Wiggam and Tuscarawas County commissioners Jim Seldenright, Chris Abbuhl and Kerry Metzger.
Those who voted against an appeal were Wayne County Commissioner Ann Obrecht and Stark County commissioners Jane Vignos and Tom Harmon.
Late last month, the Ohio Environmental Review Appeals Commission ruled that the Ohio Environmental Protection Agency in 2003 had properly granted a permit to Countywide to expand by 170 acres. Now the district is expected to file an appeal today of that ruling to the Ohio 10th District Court of Appeals in Columbus, which hears appeals from ERAC.
The surprise vote came from Bosley, who said earlier this month that he opposed an appeal, due to the mounting costs of litigation. But after speaking with the district’s attorneys in executive session, he changed his mind.
“We’ve made an investment in it, and I think we need to follow through,” he said. “I think it needs to be seen through to the end.”
With Wayne County’s Cheryl Noah, who usually sides with the Tuscarawas County commissioners in opposing Countywide, absent, Bosley was the key swing vote.
Harmon said the chances the district would prevail on appeal were slim. He added that he didn’t favor spending more money to fund the appeal, after the district had already paid more than $300,000 in the case.
“I decided it was probably a dog chasing its tail in this case,” he said.
Filing the appeal is estimated to cost about $25,000 to $40,000 in legal fees and expenses.
Countywide General Manager Tim Vandersall said the appeal would delay construction on a new Interstate 77 highway ramp that would allow garbage trucks to bypass residential neighborhoods. Under an agreement with Pike Township, the landfill isn’t obligated to fund the ramp until all appeals in the case have been settled.
“They’ve wasted a huge amount of money already, and I think they’re going to continue to do that,” he said.
The Canton Repository
BOLIVAR - The local waste district today appealed a ruling by a state panel that upheld the granting of an expansion permit to the Countywide Recycling and Disposal Facility.
The vote was 5 to 3 in a special meeting of the board of the Stark-Tuscarawas-Wayne Joint Solid Waste Management District.
The motion’s supporters were Stark County Commissioner Todd Bosley, Wayne County Commissioner Scott Wiggam and Tuscarawas County commissioners Jim Seldenright, Chris Abbuhl and Kerry Metzger.
Those who voted against an appeal were Wayne County Commissioner Ann Obrecht and Stark County commissioners Jane Vignos and Tom Harmon.
Late last month, the Ohio Environmental Review Appeals Commission ruled that the Ohio Environmental Protection Agency in 2003 had properly granted a permit to Countywide to expand by 170 acres. Now the district is expected to file an appeal today of that ruling to the Ohio 10th District Court of Appeals in Columbus, which hears appeals from ERAC.
The surprise vote came from Bosley, who said earlier this month that he opposed an appeal, due to the mounting costs of litigation. But after speaking with the district’s attorneys in executive session, he changed his mind.
“We’ve made an investment in it, and I think we need to follow through,” he said. “I think it needs to be seen through to the end.”
With Wayne County’s Cheryl Noah, who usually sides with the Tuscarawas County commissioners in opposing Countywide, absent, Bosley was the key swing vote.
Harmon said the chances the district would prevail on appeal were slim. He added that he didn’t favor spending more money to fund the appeal, after the district had already paid more than $300,000 in the case.
“I decided it was probably a dog chasing its tail in this case,” he said.
Filing the appeal is estimated to cost about $25,000 to $40,000 in legal fees and expenses.
Countywide General Manager Tim Vandersall said the appeal would delay construction on a new Interstate 77 highway ramp that would allow garbage trucks to bypass residential neighborhoods. Under an agreement with Pike Township, the landfill isn’t obligated to fund the ramp until all appeals in the case have been settled.
“They’ve wasted a huge amount of money already, and I think they’re going to continue to do that,” he said.
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