Corporate Campaigns
Waste Management
OHIO BREAKS THE BACK of the
CINCINNATI BOARD OF HEALTH
Board of Health Meeting
December 19, 2006
Ms. Darlene Barnes, Vice Chairperson, Board of Health, called the December 19, 2006 meeting of the Cincinnati Board of Health to order at 6:05 p.m. Ms. Barnes presided in the absence and until the arrival of Dr. Linetta Collins, Chairperson, who appeared on behalf of the Board of Health at the Special Budget Hearing of Cincinnati City Council, which meeting also convened at 6:00 p.m.
ROLL CALL
Board Members Present: Mr. Steven Baines, Ms. Darlene Barnes, Mr. Jerry Bedford, Ms. Kathleen Clark (arrived at 7:05), Dr. Linetta Collins (arrived at 7:05), Dr. Thomas Dryer, Ms. Jacqueline Edmerson, Dr. Wael Safi (arrived at 6:07), and Dr. Stephen Wilson
Board Members Absent: None
Senior Staff Members Present: Dr. Noble Maseru (arrived at 7:55), Ms. Cynthia Blocksom, Ms. Carol Westermeyer, Mr. Mark Gissiner, Dr. Lawrence Holditch, Dr. Lawrence Hill, and Dr. Steven Englender
Excerpt of the draft MINUTES
LICENSURE ISSUES
GRAY ROAD FILL, INC. & REPUBLIC SERVICES
Before the actual motions and discussion, there were several public speakers who registered to address the Board and the audience. Ms. Barnes recognized these speakers, and explained that they were entitled to three minutes each.
Mr. Bill Lonneman stepped to the podium, representing the Spring Grove Village Community Council, formerly known as Winton Place. He has lived in the neighborhood for 40 years, and his concern is public health. He said it is a matter of “distributive justice.” He questioned the necessity for the transfer station in this area. He further said that if it is allowed to operate, the Board should be morally bound to set limits, to monitor the air quality and provide oversight.
Ms. Mary Merrell is a neighborhood resident, and she expressed concerns regarding the smells and the traffic. She said there are two dumps, and they attract flies and increase traffic.
Ms. Eileen Frechette, Communities United for Action (CUFA), said that on December 8th, CSI Republic Services provided a tour of the transfer stations in Covington and in Lexington. She said the trucks for these stations do not go through the residential areas, as they would locally. She believes the siting of this transfer station is wrong, and she requested that the Board not grant the license.
Mr. Greg Beamer of CSI thanked the public for appearing, and said that some of them had visited the Lexington transfer station and the landfill, and many of the concerns had been addressed at that time. He understands that no one really wants garbage in their neighborhood, but this is necessary. His hope and goal is to work with the community, to monitor the operation, and he is available to answer any questions.
Mr. Peter Huttinger from Winton Place spoke against having the transfer station in the community. He believes it would be a health hazard and a public nuisance. There are approximately 1500 families in the area, and he feels they would be environmentally and ecologically affected.
Ms. Marie Kocoshis, Environmental Community Organization, read a letter on behalf of Mr. Marvin Kraus, asking the Board to deny renewal of licensure for Republic CSI. They feel that Republic CSI has not complied with local law.
Ms. Marilyn Evans, representing CUFA, was the next speaker, and she said that she participated in the tour of the Covington and Lexington facilities. She witnessed the volume of the “haulers” and the “dumpers,” as they are known. She said there is no way to measure what the outcome would be if this transfer station were permitted to operate. The main concern is still the health of the public and the health of their children.
Ms. Betty Gazaway on behalf of CUFA stepped to the podium. She said she also had participated in the tour, and even though Republic CSI are “nice people,” they still do not want the trash in their community. She is concerned about an increase in the bird population and bird droppings, and the incidence of asthma among children in the area. She suggested that possibly the building could be used as a recycling center.
Ms. Deb Zureick on behalf of Carthage Civic League said she wanted to reiterate that they do not want the transfer station. She said it is all of the communities that will be affected, and said that the droning noise of the trucks in and out constantly will be an ongoing reminder.
Mr. Phil Vaske represented Besl Transfer Company. His concerns include rats, birds, flies, and the increased traffic. He said it is the responsibility of the Board of Health to promote the health of its citizens. He encouraged denial of the license, and agreed with the suggestion that it be used as a recycling center.
Ms. Mary Partee came to the podium; she represents CUFA. She has been a member of CUFA for 25 years. She is opposed to the transfer station and the landfill. They pose a health hazard to residents of the community and to the children.
Ms. Kelly Dehan for Besl Transfer Company said that she lives right across the street from the Elda Landfill. She is concerned about rats, truck traffic and open garbage. She said it does not belong within the city.
The next speaker was Mr. Jim Mueller representing the residents of Winton Place. He wanted it on record that he disagrees with the law, and therefore disagrees with the Board. He feels it is beholden upon the Board to change the law, rather than voting for the granting of the license.
The last speaker was Ms. April Muhammad representing Winton Terrace residents. She wanted to speak on behalf of the mothers of the community. There are many children in the area, and she feels it would be a great injustice to grant the license for the landfill.
Ms. Barnes thanked all the parties for coming and speaking on this important topic. Dr. Collins, Board Chair, arrived at this time (7:05 p.m.). She apologized for her absence, and thanked Ms. Barnes for presiding in her absence.
* * * * *
Dr. Collins made the motion to go into Executive Session.
“That the Board of Health go into Executive Session, pursuant to Ohio Revised Code 122.21(G)(3) to confer with their attorney concerning a matter of imminent court action.”
Second: Mr. Bedford
Vote/Action: Passed unanimously and approved
Return from Executive Session; roll call was taken and all present.
LICENSING VOTES
(Attachments 3, 4, 5 and 6)
Dr. Collins said that at this time, the Board members wanted to go on record to state their feelings and how they had arrived at a decision on the vote.
Dr. Dryer gave a brief history of the Gray Road Landfill and the Este Transfer Station; of Waste Management, which is now Republic/CSI. His emphasis was that the Board over the years had had hours of discussion and reams of paperwork, and they are and have been bound by law to grant the license, unless there is substantiated negligence, irresponsibility and/or unreliability. The Appeals Court upheld the decision that the Board must grant the license. This Board does not have the authority to deny the license without lawful grounds for denial.
Dr. Dryer wanted it on record that he and the other Board members are very sympathetic to the arguments presented, but they have no choice but to vote to grant the license. He encouraged the citizenry to appeal to the authorities in Columbus, urging the State Representatives and Senators to actually change the law. He pointed out that by complying with the law, at least the CHD can maintain authority and “keep a local voice” in the oversight of the operation. Dr. Wilson echoed these sentiments, and encouraged making an appeal at the state level. Dr. Safi and Mr. Baines and Ms. Edmerson added their sympathy and support. They expressed their frustration and anger and sadness, but they must abide by the law.
Dr. Collins said this is her third year of having to make such a difficult decision. She said she believes in the spirit of excellence, and not in the spirit of fear. The oath she had taken was to uphold and protect the health of the citizens of Cincinnati. As an educator and school leader, she must support and protect the children. Her conscience will not allow her to vote in favor of granting the license.
Ms. Barnes encouraged citizens to lobby at the state level. Mr. Bedford added that he has many relatives who live in the affected area, but the Board members must look at the big picture. It is something he does not want to do, because it impacts his nieces and nephews and siblings, but he has no other choice. Ms. Clark said that she understands the anger and sadness of the community, but the Board’s hands are tied in this matter. She encouraged audience members to take the next step, to advocate at the state level.
The overall sentiment of the Board is that it is an extremely difficult situation. Dr. Safi expressed the ongoing commitment and support of all the Board members.
Dr. Collins said that at this point, before the vote, she wanted to communicate the outcome of the Community Environmental Health Assessment. This was the outcome of the meeting between staff and Communities United for Action (CUFA) which occurred on October 13, 2006. They established there is a need for an environmental health assessment; a need for assessment of respiratory problems and cancer rates; of air quality data; and that these assessments and data need to be communicated to the community and community agencies.
Dr. Collins further said that CHD is in favor of proposed Budget A, which would include an Office of Environmental Quality. This office would oversee and evaluate area emissions and air pollutants. Dr. Maseru said he will meet with CUFA representatives before January 15, and discuss an implementation plan. This will establish a baseline to determine what the challenges are, the burden of pollution on the affected neighborhoods. There should be inclusion of representatives of the community to determine what needs to be monitored.
Dr. Collins proposed the motion:
Upon the recommendation of staff,
“That the Board of Health grant the license to operate a solid waste transfer station for the year 2007 to Republic Services of Ohio Hauling, LLC.”
Second: Mr. Bedford
Vote/Action: Ms. Clark No
Dr. Dryer Yes
Ms. Edmerson Yes
Dr. Safi Yes
Dr. Wilson Yes
Dr. Collins No
Ms. Barnes Yes
Mr. Baines Yes
Mr. Bedford Yes
Passed by majority and approved
Dr. Collins asked if anyone had anything to contribute regarding the Gray Road Landfill, before it is put to vote.
Mr. Thornburg said there have been no further violations, and they are in substantial compliance. It was pointed out that 2007 would be the last year of operation.
Dr. Collins proposed the motion:
Upon the recommendation of staff,
“That the Board of Health grant the license to operate a construction
demolition and debris facility for the year 2007 at 5106 Gray Road,
Cincinnati, Ohio 45232, to Gray Road Fill, Inc.”
Second: Ms. Edmerson
Vote/Action: Dr. Dryer Yes
Ms. Edmerson Yes
Dr. Safi Yes
Dr. Wilson Yes
Dr. Collins No
Ms. Barnes Yes
Mr. Baines Yes
Mr. Bedford Yes
Ms. Clark No
Passed by majority and approved
ADJOURNMENT
As there was no further business, the meeting was adjourned at 9:55 p.m.
Minutes Prepared by: Minutes Approved by:
___________________________ _______________________
Donna Christos, Clerk Linetta D. C. Collins, Ed.D.
Cincinnati Board of Health Chairperson, Board of Health
************************************************************************
JANUARY 2005
CINCINNATI BOARD OF HEALTH DENIES LICENSE FOR FOURTH YEAR!
For the fourth year in a row, the Cincinnati Board of Health has denied trash giant Waste Management a license to operate a waste transfer station in Cincinnati . After two and one half hours of discussion, debate, and public testimony which sometimes became quite dramatic, the eight members present at a special board meeting on December 28 voted 6 to 1 with one abstention to say ?NO? to the ELDA waste transfer station. The facility, located on the site of the now closed ELDA landfill in Winton Hills, has been strongly opposed by the surrounding business and residents since plans for it were announced in 1998.
Facing a certain threat of immediate legal challenge, and despite having lost one round of legal battles over its prior decisions to deny an operating license, the board nevertheless held firm to its position of the past three years. The decision was based upon a number of concerns: the company's demonstrated lack of reliability and disregard for environmental laws, the decades long history of efforts by neighbors to get Waste Management out of their backyard, the potential for harm to community health, the already disproportionate pollution burden on the Winton Hills neighborhood. As evidence of the company's apparent disregard for the laws, some board members presented a document revealing two years of illegally operating painting facility without a permit, which was cited as a violation of law in September 2004 by Ohio EPA. Ultimately, the board reaffirmed its findings in 2001, 2002, and 2003 that the company is not reliable, which under Ohio law is adequate justification for the denial of a license to operate a solid waste facility.
At a late point in the discussion the attention of the board shifted to considering the likelihood of its decision being overturned in court. Some board members expressed that they felt caught in a dilemma between voting for what they felt was right ? denying the license ? and what was more likely to succeed ? approving the license. As the board appeared headed for a meltdown, one elderly community member, Betty Gazaway, a Winton Hills resident of more than 40 years and a veteran to the ELDA struggle, jumped up and laid out an emotional and eloquent appeal to the board to listen to their hearts and to vote according to their conscience. The tension in the room was so strong that board members periodically left their seats paced about the room and the hallway. When the vote was finally taken, the community members in attendance broke in to spontaneous applause.
Since Waste Management is certain to take immediate legal action challenging the decision, an important next step is for the board to get strong legal representation, which has in the past been somewhat lackluster.
APRIL 2004
BOARD OF HEALTH ONCE AGAIN DENIES WASTE TRANSFER LICENSE!
On April 27, 2004, the Cincinnati Board of Health once again discussed the matter of the ELDA waste transfer station. Two attorneys for Waste Management spoke first, and attempted to use false claims to persuade the board to grant the 2004 license. They stated wrongly that the Environmental Review Appeals Commission (ERAC) was the "law of the land" and that the board must base its current decision on ERAC's findings in favor of Waste. Following Waste Management's testimony, a large number of citizens, representing both individuals, neighborhoods, and environmental groups, gave testimony urging the board to deny the 2004 license. (In December 2003, the board voted to postpone its decision awaiting the ERAC decision.) The board went into executive session to consult with its attorney, City Solicitor Terry Nestor, and then cast a unanimous vote to deny the license! Current board chair Dr. Adolph Dryer, who voted in favor of the license in 2002, gave a short commentary that he resented having been subpoenaed and subjected to a full day of deposition by Waste, and that this tactic had caused him to change his vote. Thanks to Waste Management for helping gain the extra vote!
In addition, the city will appeal ERAC's decision through the Franklin County Circuit Court. Meanwhile, the transfer station remains closed.
KEEP ELDA GARBAGE TRANSFER STATION CLOSED!
The Cincinnati Board of Health will be deciding at its meeting on April 27th whether to proceed with an appeal of the ERAC decision regarding the Waste Management license. Please attend ! See the above link for more details.
MARCH 2004
BOARD OF HEALTH 2002DECISION OVERTURNED
The Environmental Review Appeals Commission (ERAC) on March 25th overturned the Cincinnati Board of Health's 2002 decision denying an operating license to the ELDA waste transfer station. In its published decision, ERAC stated that the city solicitor had not presented sufficient explanation as to why they found Waste Management lacking in reliability. The commission rejected all of the public testimony and information that helped the Board of Health make its decision ? since none of it had been given under oath or as sworn testimony! It seems the only experts recognized by the Appeals Commission were those presented by Waste Management. The Board of Health will have to decide at its April meeting whether to appeal ERAC's decision to the Franklin County Circuit Court of Appeals.
JANUARY 2004
For the third consecutive year, Waste Management of Ohio has applied to the Cincinnati Board of Health for permission to operate its ELDA waste transfer station. The transfer station, located on Este Avenue in Winton Hills, has never been open for business since it was built in 2001: it remains closed, and its gates padlocked, because the board of health in February 2002 voted to deny the initial operating license to the company. Prior to the decision, the board of health received overwhelming public input on this issue. Concerned residents testified about Waste Management's track record at the ELDA landfill: of chronic violations of law, of methane leakage, and of creating nuisance conditions for its neighbors. The weight of evidence led the board to determine the company legally unfit to obtain a license for a transfer station.
Even so, Waste Management has persisted in trying to get an official green light for this facility. Company lawyers immediately appealed the board's 2002 decision to the Ohio Environmental Review Appeals Commission (ERAC), an independent body composed of three members appointed by the governor to review appeals by the Ohio EPA and its delegated boards of health. In each of the following years Waste Management has applied for an operating license (such a license is valid for one year, and is typically reapplied for annually by all waste handling facilities). Although the ERAC hearing on the appeal took place last summer, the commission has yet made no decision.
In December, 2003, the board of health announced that it would hold a special meeting to obtain public input on this renewed license application. A large crowd of residents turned out to attest their continued opposition to the facility. In the words of one veteran of the ELDA battle, ?What part of NO didn't you understand?? Yet Waste Management threw a curve ball: they had faxed a letter to the board of health at 4:33 pm on the day of the meeting, asking the board not to vote on the license at that night's meeting. In a spectacularly anti-democratic performance, the board's chairman wanted to send everyone home, saying that he had heard from the public already, and didn't want to prolong the meeting by hearing from them again. The board did however vote to hear from the public. Although several residents asked the board to deny the license then and there, the board decided to postpone any decision until the results of the appeal are known.
MARCH 2002
After nearly 4 hours of hearing from the public and from company representatives, the Cincinnati Board of Health on February 26, 2002 voted 5-1 to deny an operating license to trash giant Waste Management. The company was ready to open a solid waste transfer station in Winton Hills, on the site of the closed ELDA landfill. Up to 1500 tons per day of garbage would have been brought to the site, dumped from smaller trucks and dumpsters onto a concrete floor, and then consolidated into semi-tractor trailers for haul to landfills. The city of Cincinnati already has contracts with other waste haulers and would not have been a customer of the station. Waste Management announced that it would haul trash from other counties, and possibly other states, into this facility in the heart of the city.
The meeting room was packed with residents from neighboring Winton Hills/Winton Place communities. Public concerns focused on several key issues: public health risks, the potential for nuisance, environmental justice, and the company's reliability. According to Ohio state law, the board of health had to determine the fitness of the company to operate the facility, based on its past performance record. Waste Management's record of compliance with environmental law was also under scrutiny. Based upon the large body of evidence brought to the board by concerned citizens, not only from Cincinnati but from citizens groups around the state, in addition to information provided by the State Attorney General's "background check", the board of health voted 4-1 with one abstention that Waste Management was not "sufficiently reliable" to be granted an operating license.
copyright © 2002 environmental community organization