Health District to appeal landfill expansion

During a meeting Thursday, the Seneca County Board of Health voted to appeal the recent approval from the Ohio EPA for a landfill expansion at WIN Waste Innovations of Seneca County. According to a release provided by the board, the motion passed unanimously and authorizes and directs the board's legal counsel to appeal any and all permits issued Sept. 11, 2024 by the Ohio EPA. Fostoria City Council and Seneca County Commissioners also passed resolutions this week supporting an appeal on behalf of the Seneca County Board of Health. "While we respect the right to appeal, we are confident that the Ohio Environmental Protection Agency (OEPA) permit approval will withstand further review," Ben Nutter, community engagement & government affairs for WIN Waste, said. "The approval and review process included lengthy and interactive public involvement and only began after the OEPA determined that the design complied with the comprehensive technical standards required by Ohio's environmental laws and regulations." With the expansion, separate permits were required from divisions of Materials and Waste Management, Air Pollution Control and Surface Water. With those WIN Waste would be able to proceed with construction for 94 of its requested 218-acre expansion. According to the release Dr. Clay Wolph, president of the Seneca County Board of Health, said the Board will not be using taxpayer funds to pursue the appeal but rather funding from fees generated by the landfill. "Taxpayer money is not being used to pay for attorney and other legal costs for this appeal or any other case related to the landfill," Wolph said. "These costs are funded by the waste disposal fees that state law requires WIN Waste to pay. These funds can be used only to address waste disposal issues in the county, including the environmental problems caused by WIN Waste's landfill." According to Wolph, most of the legal costs paid by the health district have resulted from frivolous cases filed by WIN Waste designed to prevent the board from placing reasonable license conditions on the landfill for the health of this community. "The community would be better served if WIN Waste spent its own money on improving the landfill's operations for the safety of the community instead of filing lawsuits to fight the Board's efforts to improve the landfill's environmental record," Wolph said. "The health district has no intention of giving up on our mission to provide oversight and necessary conditions on the landfill's permit if the Ohio EPA refuses to address public concerns." According to Nutter, the site welcomes the consistent oversight by both the OEPA and the Seneca County General Health District (SCGHD). "Despite multiple attempts by the SCGHD to block our expansion, inspections have consistently and thoroughly proven that we are operating well within our strict regulatory requirements," Nutter said. "Most recently, during a comprehensive inspection performed by the SCGHD on September 12, 2024, 83 separate aspects of our facility were inspected, and no deficiencies were identified—further validating our unwavering commitment to safety and environmental compliance." In addition to these local inspections, the OEPA has conducted over 150 site inspections, often alongside the SCGHD since the start of 2024, confirming our adherence to environmental regulations regarding groundwater, landfill gas treatment, and stormwater controls, among other safety measures, according to Nutter. The results speak for themselves: there is no evidence of wrongdoing, only proof of our adherence to the highest safety and operational standards. "We will continue to demonstrate our dedication to maintaining a safe and sustainable facility as we also look forward to a new, more collaborative chapter where we can align our efforts with the leaders and residents of Seneca County to provide more benefit to its people and the economy," Nutter said.