ANDERSON — The Killbuck Concerned Citizens Association filed suit in a Madison Superior Court on Thursday because of “attempts by (JM Corp.) to circumvent legislation,” according to Bill Kutschera, president of the KCCA.
The legislation mentioned by Kutschera came about last spring in Senate Bill 43, which required JM to go back to the county for zoning approval. Shortly after the law’s passage, JM set up a couple of trash containers on the Mallard Lake property to collect trash to meet the law’s stipulation about landfills that had never collected trash since April 1, 1985.
Kutschera said the suit seeks a declaratory judgment stating JM must meet all state and federal requirements, including being one-half mile from a school and going back in front of the Madison County Board of Zoning Appeals for approval.
Kutschera was speaking at a public information meeting about the landfill put on by the Indiana Department of Environmental Management at the Delaware Room of the Anderson Public Library.
Pointing to a map, Kutschera said that if the landfill were one-half mile away from the Killbuck Elementary School, it would sit in Mallard Lake and encompass the home of Ralph Reed, who owns JM Corp. The current site is to the east of the lake. Reed couldn’t be reached for comment Thursday.
Mostly people from KCCA were at the meeting, talking to a geologist and engineer about the feasibility of a landfill. Area Reps. Terri Austin and Jack Lutz, along with Sen. Tim Lanane were on hand to talk to residents.
Barry Snead, spokesman for IDEM, said JM’s permit to run a landfill is under technical review to see if the landfill meets the requirements of Senate Bill 43.
When that permit is given is not known, according to Amy Hartsock, a spokeswoman for IDEM.
Bruce Palin, assistant commissioner in the Office of Land Quality, said the suit filed by KCCA will have to be reviewed.
“We’ll bring in the lawyers,” he said.
With all the legal wrangling going on, people who live near the landfill expressed concern.
“I think they’ll just sneak that landfill in, and they don’t care what we think,” said Suzanne Stephens, who lives near the site. “JM has all the money and pull and they’ll do it behind our back.”
Her son, Jake Knobloch, just finished up at Killbuck Elementary School and thinks the landfill will come in.
Dick Gooding, a longtime critic of the proposed landfill, pointed to a document that said the landfill on that site would be “folly.” The document was drawn up in 1987 after a geological study.
Sheryl Myers, former president of KCCA, said she went to the meeting to find out where IDEM is in its process on JM’s permit.
David Becka, a geologist for IDEM, was asked if the landfill, as it is proposed, could pose a harm to anyone.
“Not if operated properly,” he said.
When told what Becka said, Austin said, “Well good for him. Do you want a landfill next door to you?”
Ghodratolah Hiadari, an engineer for IDEM, said any landfill must meet federal requirements about the environment, and Mallard Lake is more protective than the requirements.
“They’re preparing us,” said Myers of IDEM’s eventual approval of JM’s permit. Palin said that the permit approval doesn’t require a public hearing.
The new law suit has slowed things down, and Kutschera is waiting for the matter to return to the county BZA.
Description of proposed landfill
• Maximum total depth is 44 feet
• Projected life of facility is four years
• Landfill consists of primary composite liner system with additional liner where leachate is collected and pumped
• Pipes will be covered in sand and gravel at bottom of landfill to collect leachate. Leachate will be hauled to licensed to disposal agency
• Ground water monitoring will be placed around the perimeter to monitor any contamination
• Monitoring will be placed around the perimeter
Source: Indiana Department of Environmental Management
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June 5, 2008
9:30 p.m.: KCCA files suit to hold JM Corp. to law
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