Friday, August 10, 2007

 

Landfill rules needed, one way or another

The Canton Repository

CANTON - Do Stark and two neighboring counties have a legal say in how their landfills operate? That is a question Judge Richard D. Reinbold Jr. will answer. We hope he finds that the law is on Stark County’s side. If not, Stark-area state legislators should consider the ball in their court.

Reinbold, of Stark County Common Pleas Court, is hearing a lawsuit bought by the National Solid Waste Management Association. The trade group maintains that the Stark- Tuscarawas-Wayne Joint Solid Waste Management District did not have the authority last year to create rules for operation of landfills in the district.

The rules restrict operating hours and truck traffic near residential areas, and set limits on odor, noise, dust and vibration. They mandate monitoring of groundwater and require landfills to create plans to deal with emergencies and litter.

To residents of the three counties, especially those in Stark County who have suffered in the absence of such rules, the regulations probably look like common-sense ways to protect the public — and long overdue protections, at that. The landfill trade group sued because it believes that government has illegally intruded on the operation of private businesses.

Some of these rules, however, are similar to those that are now in effect statewide for construction and demolition landfills, a legislative effort led by Republican Rep. John Hagan of Marlboro Township. Hagan has said that he wants to extend the same kinds of restrictions to solid waste landfills but that political support for the idea is thin.

So a lot is riding on Reinbold’s ruling, which will follow resumption of the hearing in early September. Residents of the three counties will hope for the best and expect their legislators to mobilize on their behalf if the best is not to be.