The terms overstepped the panel's authority, its attorney advised.
By NORMAN LEIGH
VINDICATOR SALEM BUREAU
LISBON -- Two landfill licensing conditions intended to protect well water used by Negley residents have been scrapped, clearing the way for the facility to begin operations near the small community in coming months.
Acting on its attorney's advice, the Columbiana County Board of Health agreed Monday to remove conditions that would have required the company wanting to install the construction and demolition debris landfill to post a bond.
The bond would cover the cost of installing municipal water to Negley residents should run-off from the facility contaminate surrounding water supplies.
The health board also dropped a condition that would have required periodic testing of all water wells within 3,000 feet of the landfill.
The requirements were included in a conditional landfill license the health board issued in June to Penn-Ohio Recycling of Youngstown.
To get the license, the company had to meet the conditions.
But Penn-Ohio objected and appealed the conditions to the Ohio Environmental Protection Agency's Environmental Review Board.
Consulting: The health board subsequently was advised by its attorney that the conditions overstepped the panel's authority to impose requirements on the landfill, Bob Durbin, health board president, explained this morning.
Now that the health board has agreed to forego the bond and well-testing requirements, Durbin said he believes the landfill license can be issued and the company will drop its appeal before the environmental review board.
A Penn-Ohio Recycling spokesman was unavailable to comment.
Durbin noted that the landfill will still be required to do some well water testing at its expense.
The testing will be limited, however, to certain wells located uphill and downhill from the landfill site.
Penn-Ohio is building the landfill on a nearly 90-acre, partly wooded site off state Route 154, just north of Negley.
Construction and demolition debris would be accepted by truck from the greater Youngstown area and from the East Coast.