More than 25 years after the Indiana Department of Environmental Management (IDEM) first denied a landfill permit to J.M. Corp., the issue has yet to be settled.
That could change very soon.
On Tuesday, judge Michael D. Keele will hear oral arguments from representatives of J.M. Corp. and IDEM in Marion Superior Court Environmental Division on the permit status for the proposed Mallard Lake Landfill.
“This is just an oral argument, the attorneys will be presenting the arguments to the judge,” said Marianne Petriskey, court reporter for Marion Superior Court Environmental Division. “Attorneys are allowed so many days to prepare their findings of fact and submit them to the judge. The judge goes through everything and makes his decision.”
In 1978, J.M. Corp. announced its intentions to create a landfill on 254 acres at the corner of County Road 300 East and County Road 300 North in Richland Township. Concerned citizens of Madison County have been fighting the company ever since.
At issue Tuesday is the October 2004 decision by environmental law judge Mary Davidsen that allowed J.M. Corp. to continue the permit process. IDEM appealed the ruling and, after a year of inactivity, forwarded the issue to Keele.
The hearing was originally set for April 13, but was canceled pending negotiations between J.M. Corp. and IDEM. When negotiations fell through, the case reverted back to Marion Superior Court.
“What it is is a hearing before the judge on the state’s appeal,” said Ralph Reed, founder of J.M. Corp. “The attorneys have prepared a few briefs, there will be a little oral argument. There won’t be a decision for another month or so.”
In April 1979, the Killbuck Concerned Citizens Association (KCCA) formed in opposition to the landfill project. The KCCA claims a landfill on the site could have disastrous environmental and health consequences.
“It’s not about the merits of the case, it’s about the language involved in the extensions,” said Sheryl Myers, president of the KCCA. “It isn’t about ‘Is this a good place for a landfill?’”
Only attorneys for J.M. Corp. and IDEM will be allowed to speak during the proceedings, but the public is welcome to attend.
“I can’t tell you any kind of time frame after that hearing. It could be a day or a month, it’s totally up to him,” Petriskey said. “Normally, a judge will not make a decision on that day. It’s not an open hearing for anyone to speak, but the public can attend as an audience.”
Mallard Lake Landfill
n What: Oral argument between counsel for J.M. Corp. and the Indiana Department of Environmental Management in Marion Superior Court, Environmental Division
n Where: 902 Virginia Ave., Indianapolis
n When: 9 a.m. Tuesday
n Judge: Michael D. Keele
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