When the Madison County commissioners took a hit about being silent on the Mallard Lake landfill in The Herald Bulletin on March 26, they wanted to explain to the newspaper why they haven’t spoke out for or against the project.
The reason is simple, said Paul Wilson and John Richwine (Pat Dillon wasn’t present at the meeting): Saying something could influence a decision the county’s board of zoning appeals made years ago and they can’t do that.
“It’s kept the commissioners from having personal opinions,” said the commissioners’ attorney Jim Wilson, who said state statute prevents the commissioners from interfering with an appellate board, in this case the BZA, even though both groups fall under the umbrella of the county.
“We can’t talk about their business,” said Paul Wilson.
“The (Killbuck Concerned Citizens Association) has tied our hands,” said Richwine. “We can’t make our opinions public. We’re not even at liberty to do that.”
What Richwine was referring to was a lawsuit brought by the KCCA, the Anderson Community School Corp. and Steve Wilkinson against the BZA’s decision to grant JM Corp. a permit to construct a landfill at County Roads 300 East and 300 North.
The suit is still in effect, but Helen Wean, interim president of KCCA, said her group is planning to draft a letter for dismissal of the suit.
“Then it’s up to the county,” she said.
“All we’re hearing from the commissioners is they can’t talk about it,” Wean continued. “Why can’t we talk to county attorneys?”
The landfill matter is currently under settlement negotiations between JM Corp. and the Indiana Department of Environmental Management. The BZA set down criteria to open up a facility, and it apparently began as a trench landfill, according to Jim Wilson.
Later the BZA deferred to IDEM and it wasn’t determined what kind of landfill would go in.
Wean thinks somewhere along the line, the original permit for JM’s trench landfill became an above-ground landfill and Wean maintains IDEM approved this and the matter was never taken in front of the county again.
Wean said the original landfill was to be a 40-foot pit that couldn’t be seen from the road.
“It was taken to IDEM and changed because an aquifer was too close (to the pit),” said Wean. “IDEM said OK to the (above-ground landfill). They made the change but not to the county.”
Tim Long, superintendent of ACS, said it wouldn’t be appropriate for him to comment about whether ACS would follow KCCA in withdrawing from the lawsuit. The matter has been turned over to the school system’s attorney, and Long said any developments would be given to the school board.
“I’m concerned that the board of commissioners is trying to skate on this issue and that’s not the case,” said Paul Wilson. “We’ve talked to people who are frustrated at the bureaucracy.”
“We can’t speculate what legal action (the BZA) can take,” said Richwine.
“If this (lawsuit) goes away, maybe the airport can step up.”
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