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Wednesday, October 11, 2006
Environment - Several NW Indiana environmental issues in the news
The first is Feddeler landfill.
Here are some of the stories from the Munster (NW Indiana) Times:
- Oct. 11, 2006. State knew of landfill danger as early as '75: Indiana trying since 2001 to get Feddeler site capped
- Oct. 11, 2006. Residents furious, but not terribly surprised - LOWELL: Homeowners want answers regarding presence of toxins
- Oct. 10, 2006. Landfill may hold 500 barrels of poison - LOWELL: Estimate of Feddeler cleanup reaches $35 million
From the Gary Post-Tribune:
- Oct. 10, 2006. Landfill's lethal mess staggering: Lowell will needs $20 million and $35 million to eradicate landfill
- Oct. 11, 2006. Leaking Lowell landfill cause for worry
The second is the proposed Pines transfer station. Bob Kasarda of the Munster (NW Indiana) Times writes today, in a story headlined "Bid to block waste transfer station renewed: Porter County appeals, claiming commissioners cut out of decision-making process," that:
LAPORTE | The Porter County Commissioners have not given up their opposition to a waste transfer station proposed just over the border in LaPorte County."Porter County opposes waste station: Case is in court" is the headline to a Gary Post-Tribune story by Tom Wyatt. Some quotes:The commissioners filed an appeal Tuesday in LaPorte County, claiming they were unfairly cut out of the decision-making process.
An administrative law judge last month threw out Porter County's claim that it never gave Great Lakes Transfer LLC permission to access the proposed site from Porter-LaPorte County Line Road. Porter County has exclusive jurisdiction over the roadway.
The judge granted the company's motion for summary judgment, which means the dispute was settled without both sides having the opportunity to make their case, according to Porter County Attorney Gwenn Rinkenberger.
The Porter County Commissioners want to see either a hearing held on the dispute or the company's permit revoked on the grounds that it was improperly issued by the Indiana Department of Environmental Management. * * *
Beverly Shores, The Pines and the LaPorte County Commissioners are expected to join the appeal, Rinkenberger said.
The site in question is 1,200 feet east of County Line Road, just south of the Amtrak railroad tracks.
Great Lakes has IDEM permission to build a 5-acre waste transfer station. The company's permit application said the site will take in up to 250 tons of garbage a day and ship it to landfills within 24 hours.
Opponents of a proposed waste transfer station on the Porter-LaPorte county line are taking their case to the local court.I'm confused from these stories over whether the administrative ruling of the OEA is/will be appealed.The Porter County Board of Commissioners has appealed an Indiana Department of Environmental Management administrative judge's ruling that approved a permit granted to Great Lakes Transfer LLC. * * *
On Tuesday, the Porter County Board of Commissioners filed a petition for review with LaPorte Superior Court Judge Stephen King claiming IDEM gave the permit to Great Lakes Transfer on false pretenses.
The Porter County Commissioners argue IDEM granted the permit despite knowing Porter County had not allowed road access to the proposed facility and had not granted a driveway permit.
Indiana counties have jurisdiction over county line roads on their eastern and southern edges.
In this case, the county line road belongs to Porter County, and it is up to Porter County to grant road access and driveway permits.
"It would seem that for IDEM to give a permit for something they don't have road access for doesn't make a lot of sense," Porter County Board of Commissioners President Bob Harper said.
Porter County's claim states Great Lakes Transfer submitted a plot plan to IDEM showing road access as well as a driveway permit issued by LaPorte County.
In both cases, Porter County has jurisdiction, and neither road access nor a driveway permit were granted.
"I don't get it," Porter County Board of Commissioners attorney Gwenn Rinkenberger said. "I don't understand how somebody applying for a permit from IDEM can put in false information and have IDEM rely on it."
A separate petition for review will be filed today or Thursday in cooperation with LaPorte and Porter counties, and Pines and Beverly Shores over other issues, such as zoning and ownership of the property, said Clay Patton, attorney for Pines and Beverly Shores.
Here are earlier ILB entries on the Pines transfer stattion.
Posted by Marcia Oddi on October 11, 2006 09:12 AM
Posted to Administrative Law | Environment