Ohio EPA Director Christopher Jones proposed to deny an air permit-to-install for Warren Recycling, Inc., Warren, Ohio. The company sought approval to modify its existing air permit for its construction and demolition debris landfill so it could accept more waste.
"I am not prepared to allow Warren Recycling to accept more waste until the company can demonstrate that it can comply with current limitations and regulations," Jones said.
The proposed denial is based on the following factors:
Since February 2002, Ohio EPA, with the assistance of the Agency for Toxic Substances and Disease Registry and local officials, has collected nearly 800 complaints from more than 100 individuals experiencing hydrogen sulfide odors near the landfill.
ATSDR issued its final Health Consultation Report in November 2003 concluding that an urgent public health hazard exists based on hydrogen sulfide levels and other issues connected to the Warren Recycling facility.
Warren Recycling's records indicated violations of the current maximum daily waste acceptance rate of 1,500 tons as established in the facility's current air permit.
The facility experienced underground fires during the summer of 2003, and given the concealed nature of underground fires, Ohio EPA has been unable to confirm that all fires have been completely extinguished.
Ohio EPA received numerous comments from the public, business, school, local, state and federal officials citing health, social and economic concerns regarding operations at the facility, among other factors.
All comments received during the November 21, 2003, public hearing and public comment period were considered prior to the director's decision. This proposed denial does not release Warren Recycling, Inc., or Warren Hills, LLC, from complying with Ohio EPA's July 2003 orders.
"I heard from numerous local, state and federal officials, including ATSDR, U.S. EPA, Ohio Department of Health, Trumbull County Township Association, Warren Township Trustees, LaBrae Local Schools, and many other members of the local community, all of whom expressed concerns opposing expansion of operations at the facility," Jones said. "We especially appreciate the input we received from the local community and citizens who have been directly impacted."
Copies of the draft permit, application and other related materials are available for review at Ohio EPA's Northeast District Office by first calling (330) 963-1200 to schedule an appointment. Under Ohio law, a permit denial must first be issued as a proposed action. The applicant or any affected party has 30 days to appeal this proposed denial by requesting an adjudication hearing before an Ohio EPA hearing examiner.