The Herald Bulletin

August 7, 2006

County officials speak out on landfill

Justin Schneider

After 27 years of putting up a stink, it was time to clear the air.

The Madison County Board of Commissioners addressed the Mallard Lake landfill issue Monday during a meeting of the Killbuck Concerned Citizens Association. Several hundred people packed the auditorium at Highland High School to hear the commissioners answer questions put forth by the KCCA and other concerned parties.

The occasion marked the end of a long silence. County officials had to remain mute on the proposed landfill as the issue was batted back-and-forth between the Madison County Board of Zoning Appeals, the Indiana Department of Environmental Management and the courts. When litigation brought by the KCCA against the county was dropped, it reopened the channels of communication.

“It’s probably little consolation after 30 years on your part,” said Commissioner John Richwine, R-North District. “We understand your position and now you understand our personal feelings after tonight. Hopefully you have a better idea of what the function of the Board of Commissioners is, what we can do and what we can’t do.”

Since 1979, JM Corp. has tried to create a landfill at County Road 300 East and County Road 300 North in Richland Township, across from Killbuck Elementary School. The KCCA was formed in opposition to that effort.

After short introductory remarks by KCCA member Stephanie Moran, president Cheryl Myers invited the commissioners on stage. KCCA member Bill Kutschera then took over the meeting, reading questions submitted by community members and the commissioners answered in succession.

Opponents of the landfill were encouraged by many of the answers.

When asked how a landfill would benefit Madison County, the commissioners agreed that it would offer no benefit and that each was opposed to the idea.

Other questions addressed the location of the proposed landfill over an aquifer, its proximity to Anderson Municipal Airport and the impact on local roads, all of which the commissioners find unacceptable. Their responses garnered applause from the audience.

Commissioners were allowed two minutes of response time, though the rules were not strictly enforced.

KCCA members also wanted a better understanding of the relationship between the three-member Board of Commissioners and the five-member Board of Zoning Appeals.

“The BZA, as established by state statute, acts as an appeals board to decisions made by the planning department,” Commissioner Paul Wilson, D-South District, said. “In essence, it serves as an appellate-type board for decisions regarding the zoning ordinance and is given the power to make those decisions.”

Commissioner Pat Dillon, R-Middle District, explained that the commissioners cannot overturn decisions made by the BZA and that changes to the zoning ordinance are not retroactive. In other words, practices an earlier BZA found appropriate may not be appropriate today.

The commissioners were unable to comment on meetings between IDEM and potential landfill buyers because they had no knowledge of such meetings. And they could only speculate on a question related to the accelerated spread of evian flu by birds scavenging at the landfill.

“The original decision was made 30 years ago and they didn’t know about this then,” Wilson said. “My concern, in general, is that it’s too close to the school. Even if that goes away, it’s still too close to the school.”

Perhaps the most pointed question came near the end of the meeting.

“Why can’t the commissioners say ‘No landfill’ and be done with it?” Kutschera said.

“The county commissioners don’t have the authority to stop that, it’s strictly a BZA matter,” Richwine said. “If it was, at least the heat would be properly placed on the commissioners. But we have no authority to make that decision.”

The commissioners also urged concerned citizens to go through the proper channels in fighting the proposed landfill.

Residents asked the questions, their county officials answered and communication between the two seemed to take a step forward.

“It’s nice to hear that you’re on our side, even if your hands are tied,” said Stephanie Moran in closing statements. “This issue is still alive, we’re still fighting it and we’re not going away.”