Litigation surrounds landfill

SENECA COUNTY --- WIN Waste of Seneca County is currently surrounded by litigation both from the company and against the company. Through court records, the A-T has compiled the ongoing cases involving WIN Waste along with the accusations made and where the case stands. Current cases WIN Waste v. OSS Solid Waste Management District In December 2023, WIN Waste filed a lawsuit against the Ottawa-Sandusky-Seneca Joint County Solid Waste Management District (OSS) in Sandusky County Common Pleas Court. The suit takes issue with OSS's rule 2023-01, which deals with requirements for the approval of plans and specifications for the construction of solid waste facilities, according to OSS's website. Counsel for WIN Waste alleges that rule 2023-01 exceeds the district's rulemaking authority and infringes on the Ohio EPA's "exclusive authority" for regulating landfills, according to court documents. WIN Waste seeks that the court declare that the rule exceeds OSS's rulemaking authority and infringes on the EPA's authority. It also asks the court to declare the rule "empowers OSS to engage in illegal, ad hoc, retroactive, spot zoning", violating state law. The most recent action in this case was the start of depositions. Seneca County Commissioner Bill Frankart was deposed for "nearly seven hours" in late May, according to a press release from the county. WIN Waste v. Board of Zoning Appeals for Washington Township WIN Waste Innovations filed an appeal against the Board of Zoning Appeals for Washington Township in Hancock County Common Pleas Court in April. In the suit, the company is appealing the Board's decision to affirm the Washington Township Zoning Board's decision to deny WIN Waste a zoning certificate to construct a pond at 23990 CR 216, Fostoria. Counsel for the company alleges that the Board "acted contrary law, arbitrarily, unreasonably and contrary" to the evidence that counsel then lists. The most recent action in this case happened June 3, in which the Hancock County Prosecutor's Office filed a response to WIN Waste's allegations. Seneca County Board of Health v. WIN Waste Innovations of Seneca County LLC Also in April, the Seneca County Board of Health filed a lawsuit against WIN Waste in Seneca County Common Pleas Court. According to court documents, the suit alleges that the company has violated state law and asks the court to grant an injunction to prevent WIN Waste from violating the law. The case was removed from Seneca County Common Pleas Court to the US District Court in the Northern District of Ohio in late May. This month, WIN Waste filed the most recent action in the case, a response to the Seneca County Board of Health's complaint. Completed Case In May 2023, in the Supreme Court of Ohio, WIN Waste Innovations filed a lawsuit against the Seneca County Board of Health, alleging that the board had no legal right to deny the landfill's 2023 operating license. According to court records, the company asked that the court grant WIN Waste its 2023 license, issue a final action date for the license, or conduct a hearing. The case was dismissed in February 2024, with the Supreme Court of Ohio citing that the case was moot. According to Cornell Law School's Legal Information Institute, moot in this situation means "it (the case) has lost its practical significance because the underlying controversy has been resolved, one way or another." "On behalf of our over 100 local employees, we are forced to protect ourselves in our legal proceedings because our constitutional rights are being violated as a company," said Ben Nutter, Community Engagement and Government Affairs for WIN Waste Innovations.