In response

Law firm representing Sunny Farms Landfill wrote a letter in response to the Seneca County Board of Health's decision and notice of intent to deny the landfill's operating license. The letter was addressed to Anne Goon, Seneca County health commissioner - titled "Sunny Farms Landfill LLC's Request for Hearing on Its Application for Operating License Renewal." The letter discusses the Seneca County Board of Health's notice of intent to deny the operating license for Sunny Farms Landfill. The letter was written by Dale Papajcik of Squire Patton Boggs, the law firm representing Sunny Farms. The letter follows the decision made by the Seneca County Board of Health on Dec. 29, 2022, to issue an intent to deny the 2023 operating license for Sunny Farms Landfill. During the December meeting, which took place at the Fostoria City Council Chambers, board representatives made comments regarding the landfill such as "it seems like there's a lot of things that should be violations," and "I'm concerned about the surrounding properties." Following the meeting, it was announced by Erika Handru, communications specialist for the Seneca County General Health District, that Sunny Farms Landfill would have 30 days to request a hearing which will be open to the public. Based on the letter from Papajcik, Sunny Farms has requested a hearing where they plan to give "extensive evidence about its lawful operation of the landfill; why Sunny Farms is entitled to the operating license for 2023; and why the Board is compelled to issue such license." The letter continues by discussing "some of the legal and factual errors in the Board's Notice, reserving all rights to present all legal arguments, proffer all evidence, and seek all appropriate relief" from the board after it passed a notice of intent to deny Sunny Farms operating license. It was also stated the "Landfill is in Substantial Compliance–as Determined by the Ohio EPA," and stated that on Nov. 23. 2022, Michael Reisner, the environmental manager for the Ohio EPA at the Northwest District Office (within the division of Materials and Waste Management,) said the "Ohio EPA Division of Waste Management does not have any outstanding violations or enforcement that would preclude the Seneca County Board of Health from approving the 2023 license for Sunny Farms Landfill. Currently, Sunny Farms Landfill is in substantial compliance." The letter then expressed how those representing Sunny Farms feel the Board of Health is "unlawful" for making an intent to deny the license while Sunny Farms is in "substantial compliance." "The Board is not given carte blanche authority to renew or deny Sunny Farms' license on a whim and/or based on personal feelings about lawful waste management practices and the rightful existence of the Landfill in the Northwest Ohio Community," the letter stated. The letter also listed that "Sunny Farms Requests a Hearing and Sufficient Pre-Hearing Discovery as to the Basis for the Board's Conduct and Notice." The letter proceeded to discuss how those representing Sunny Farms feel the Board should reverse the action they made during the Dec. 29, 2022 meeting, and rescind its notice. "Sunny Farms intends to vigorously defend its rights through a hearing, including requesting sufficient safeguards in advance of the hearing to allow Sunny Farms to understand the Board's actions and secure (the landfills) rights to due process under the law," the letter stated. Additionally, the letter mentioned that Goon delivered a presentation where she stated there have been no violations issued against Sunny Farms in 2021 and 2022. Goon also recommended the Board approve Sunny Farms' license with certain conditions. Laurie Stevenson, previous director of the Ohio EPA, also said that during the Ohio EPA's annual survey of the health department, she determined that the Seneca County General Health District is in substantial compliance and proceeded to place the district on the approved lists of health departments that are authorized to enforce the solid and infectious waste construction and debris laws with the Ohio Revised Code. Upon reviewing the inspection letter, dated March 23, 2022, the Ohio EPA determined the inspection date was adequately documented on March 17, 2022. Upon findings, the following observations were listed: "the log of operations was reviewed and was complete; daily and intermediate cover was adequate at the time of inspection; a leachate outbreak was present on the southeast corner of the south unit, which was noted on the daily log and was being corrected; and, the onsite flare was down temporarily at the time of inspection for routine maintenance." According to the inspection report, no violations were noted.