Saturday, April 7, 2007

 

County commissioners demand answers from Stark health officials

By BARB LIMBACHER
The Times-Reporter

BOLIVAR - Tuscarawas County Commissioner Chris Abbuhl wanted some answers Friday from the Stark County Health Department about violations at Countywide Disposal and Recycling Facility at East Sparta.

However, Health Commissioner William Franks had to leave the Stark-Tuscarawas-Wayne Joint Solid Waste Management District board of directors meeting for another appointment at 9:50. The board meeting began at 9:30 a.m.

Kirk Norris of the department and attorney Deb Dawson of the Stark County prosecutor’s office, and the health department’s legal counsel, did answer some of the questions.

Abbuhl noted that Franks left Friday’s meeting and did not attend the March board meeting to answer any questions. Abbuhl asked for Franks to attend the May 4 meeting.

“Does Franks have good information about what has happened at Countywide and the problems occurring at Countywide to present to the Stark County Health Board in the matter of issuing the landfill a 2007 operating license?” Abbuhl asked Norris.

Dawson said Stark County is in the middle of closed-door meetings and is investigating.

“We are not finished yet,” she said.

When Abbuhl asked Dawson about the public not being allowed to speak at the health board meetings, she said the public does not have to be allowed to speak.

“Do you look at the violations and the past track record of Countywide before deciding to issue a license?” Abbuhl asked.

Norris responded that only violations or issues from 2006 are acceptable by law. He also said the health department will not be in charge of the capping and closure of Countywide’s original 88 acres. The Ohio Environmental Protection Agency and Canton City Air Quality Control would take care of those matters as ordered by OEPA Director Chris Korleski.

Franks wrote in a letter dated March 22 that a health commissioner’s hearing was to be held (beginning March 22) and is a continual process that will take place over time. It could involve several meetings, conference calls or other forms of inquiry and is not a public process. Franks said that when he is ready to make recommendations to the board about issuing Countywide a license, the hearing will end and a board hearing will be set.

“In March, Franks sent a letter to (environmental group) Club 3000 requesting all financial reports for 2002 to 2006, along with a list of financial contributors and the amounts of non-monetary, in-kind contributions,” Tuscarawas County commissioner and board chairman Kerry Metzger said. “Under what authority did he make the request? The letter was written on an official Stark County Health Department letterhead and signed by Franks.

“My concern, does he have the authority to ask for information from Club 3000 by using his authority as a health commissioner,” Metzger said.

“I don’t know what Franks’ motivation was,” Dawson responded.

“How can I say this, did Franks use his authority or does he have the legal authority to request these items,” Metzger continued.

“I don’t believe Franks was tiptoeing around. It is not fair to me, as I don’t read Franks’ mind,” Dawson said.

As Dawson interrupted Metzger he told her to wait until he was done speaking, and that he is chairman of the board.

“That’s why Mr. Franks needs to be here to answer these questions. Thank you for your time,” Abbuhl told Dawson and Norris.

“We want to make sure the landfill is safe as possible for the entire district,” Abbuhl said.

Bill Skowronski, the OEPA’s Northeast District chief, told the board there has been an increase in the odor complaints in the past month coming from Countywide at the lower end of a rating scale for their intensity.

As part of its agreement with the OEPA, $250,000 of Countywide’s more than $1 million in fines will go toward an assistance fund for areas affected by the odor. Metzger asked if the OEPA will give the board directions on how that money will be spent. Skowronski said no criteria have been established.

In another matter, Abbuhl told Skowronski that the OEPA needs to be hands-on in determining what measures should be taken to put out the fire at Countywide, if there is one. Experts for the district say there is a fire. Landfill officials contend it is a chemical reaction.

Metzger said OEPA is giving Countywide the authority to collect data regarding what is going on and told landfill officials to come up with a remedy.

“The problem I see is that it’s the OEPA director’s decision to come up with a remedy,” Metzger said.