Justin Schneider
justin.schneider@heraldbulletin.com
State legislators representing Madison County have called for a meeting to discuss Mallard Lake Landfill.
On June 29, State Reps. Terri Austin, D-District 36, and Scott Reske, D-District 37, and State Sen. Tim Lanane, D-District 25, submitted a letter to the Indiana Department of Environmental Management requesting a public hearing to address J.M. Corp.’s pending application for renewal of its landfill operating permit.
“Records indicated there have been no opportunities for public input on this issue for several years,” read the letter, which was addressed to IDEM Communications and Intergovernmental Relations Director Sandra Flum. “We believe that it is appropriate and timely to allow an expression of public opinion prior to a final determination on the pending application.
“We would also request that this hearing be conducted in Madison County to allow for the fullest possible participation by individuals and organizations who have an interest in this issue.”
Austin said such a hearing is not required, but hopes that the public interest over the past four decades will persuade IDEM officials.
“(IDEM is) under no obligation to do so by law, but we really hope they will consider it,” she said. “The application has been filed and IDEM is in the process of conducting a technical review of the application. We’re hoping that IDEM will at least give it strong consideration.”
In 1978, J.M. Corp. announced plans to create a landfill in Madison County. The following year, the company purchased 154 acres at the corner of county roads 300 East and 300 North in rural Richland Township, but the project has been mired in controversy and legal battles for parts of four decades.
Flum said State Rep. Jack Lutz, R-District 35, has also been in contact with IDEM, though he was not part of drafting the letter.
“It’s pretty rare for us to have a public meeting for a permit renewal,” Flum said. “But the legislators contacted us, and we understand it’s a very hot topic for the community. Given the length of time between each step in the process, it may be considered.”
Flum said the application is under review by IDEM and, once deemed complete, a decision will be made on whether to hold a public hearing.
Ralph Reed, founder of J.M. Corp., said the pending application is not a permit renewal, but paperwork to bring Mallard Lake into compliance with new standards for landfills, known as Subtitle D regulations.
“We won’t let them (hold a public hearing); they won’t even try,” Reed said. “There is nothing in the statute about obtaining Subtitle D regulations that requires a public hearing.”
Michael D. Keele, a judge in Marion Superior Court Environmental Division, ruled Dec. 8, 2006, that an environmental law judge acted appropriately when she ordered IDEM to reinstate J.M. Corp.’s permit application and grant a time extension for information. The ruling effectively returned to J.M. Corp. its operating permit.
When asked why he thought state legislators were getting involved, Reed cited political pressure.
“They’re running for office,” he said. “They’re pandering to this group out here. We’ve complied with all the rules and regulations. There is no reason the state has to hold a hearing.”
Bill Kutschera, president of landfill opposition group Killbuck Concerned Citizens Association, said he hopes any such hearing would raise awareness, but worries it may take the focus away from the real fight.
“This may take place out of deference to the legislators, but it will only be out of deference to the legislators,” Kutschera said. “It’s nice to be hammering away at this at the state level, but we’re going to beat this thing at the BZA level if we can get the BZA and the Planning Commission to follow the law.”
Kutschera said the Madison County Board of Zoning Appeals has refused to put the KCCA on its agenda and letters to county employees have gone without reply.
“We’re thrilled to death, but I’m pragmatic,” Kutschera said.
On July 26, the environmental documentary "Trashed" will premiere at the Music Box Theatre in Chicago. The film examines waste in America, and one of its main narratives is the war over Mallard Lake Landfill being fought in Madison County.
