Trans Rail files appeal of health department’s landfill decision
HUBBARD TOWNSHIP –Township officials have learned that Trans Rail America has filed an appeal to the Trumbull County Health Department decision last month that denied it a license to operate a landfill here.
Township Trustee Rick Hernandez said at Monday’s township trustees meeting that Trans Rail America has appealed. He said he spoke to county Health Commissioner Frank Migliozzi who confirmed the company’s action.
The proposed landfill is planned for the area near Drummond Avenue and Mount Everett Road. The project would take up more than 200 acres of the township.
Hernandez said with an appeal the matter will go back to the state Environmental Review Appeal Commission, which will decide whether to agree or disagree with the decision by the health board.
He said the matter could go further if the ERAC does not agree with the health board’s decision — sending it to a court of appeals and then even the Ohio Supreme Court.
“They could agree with the health board’s decision, or they could not agree,” he said.
Hernandez said he is not surprised by the news.
“We figured this would happen. We will have to wait and see what happens next with the appeal. Once again they are being persistent,” he said.
Attorney Rob Koker, representing the health board, said whatever the decision by ERAC, either side can then appeal.
Trans Rail America’s effort to build a landfill in Hubbard Township has been ongoing for 17 years.
Last month at a meeting held in Hubbard attended by nearly 300 people, the health board denied the license request noting that the application was not complete.
Bill Makosky, an engineer with Lynn Kittinger and Noble Inc. of Warren, who did a technical review of the application for the health board, had said last month there were some problems with the quality of information contained in the application not being clearly defined, including site characterization and ground water changes and monitoring.
He had said the application should provide documents such as a stormwater pollution plan and leachate collection to avoid a rotten egg smell.
“It is our opinion, numerous discrepancies and noncompliance issues are within the application,” Makosky said at the Aug. 9 health board meeting.
He said four residential properties are within 1,000 feet of the proposed site off Drummond Avenue.
“The proposed location of the landfill is within close proximity to a major underground aquifer and several abandoned mines constructed in the late 1800s,” Makosky said.