WIN Waste still operational without 2025 license

SENECA COUNTY—The Seneca County Board of Health voted unanimously at its December 2024 meeting to issue a notice of intent to deny WIN Waste Innovations of Seneca County, which oversees the county landfill, a 2025 operating license. WIN Waste is still currently operational in Seneca County and can continue operating on its 2024 operating license until an official decision can be made. The resolution from the health board alleges that WIN falsified inspection reports, failed to conduct daily inspections, failed to control odors, failed to protect the landfill from erosion and failed to conduct best practices to control erosion and water damage. WIN Waste has repeatedly denied these allegations and is involved in current litigation with the Seneca County General Health District. As Erika Handru, health communications specialist for Seneca County General Health District explains, "WIN Waste has requested a hearing regarding the denial in which a hearing examiner will issue a recommendation. The board will take into consideration the recommendation and then issue a final action to either grant or deny the 2025 operating license. If the license is denied, WIN Waste can appeal the decision to the Environmental Review Appeals Commission (ERAC). In the meantime, Ohio law allows WIN Waste to continue the landfill's operation under its 2024 license." When asked about specific violations that led to the health district's intent to deny a 2025 operating license, Handru said the problems were found in February and May of 2024. An inspection report done by the health district on Feb. 13, 2024 found license terms and conditions were not being followed, the landfill was not being protected against erosion, stormwater was not being managed properly. The report further alleges holes were found in several rail cars. By an inspection report dated May 30, 2024, the report doesn't say if license conditions were being followed or not as that portion is left blank. Erosion was still present but was allegedly being dealt with by WIN employees. A Dec. 10, 2024 report, two days before the board of health voted to deny the license, did not inspect if license conditions were being followed at the landfill and mainly focused on one specific area of the landfill, the rail unloading area and daily records. Meanwhile, inspection reports from the Ohio Environmental Protection Agency found no violations in the last six months. As Ben Nutter, community engagement and government affairs liaison at WIN says, "We have timely requested an evidentiary hearing and are waiting for it to be scheduled. Our operations will continue uninterrupted until any final and unappealable decision has been made. The appeals process is a safeguard against exactly this kind of overreach, ensuring decisions are based on facts rather than speculation. We remain steadfast in our commitment to serving Seneca County responsibly and will continue to challenge any efforts that hinder progress or impose unnecessary or unlawful barriers to our right to provide essential operations." Handru further clarifies that it is Ohio law that allows WIN Waste to continue operating until a final decision can be reached. If the final decision is made to deny the license, Handru says WIN Waste would have to cease operation of the landfill but was unable to clarify by deadline if there was a contingency plan of what would happen to the daily waste produced by those who utilize the landfill in Fostoria. Editor's note: For a previous judgment on the operating licenses of WIN Waste Innovations from 2023 and 2024, check A3 for the recent judgment from the Environmental Review Appeals Commission (ERAC).