Last updated
August 11, 1999

Your mission, if you choose to accept it, is to get involved!

South County Residents Opposing Dumps

Regardless of how many others get involved,
we still need you!

Timely News

April, 2000:
The landfill issue has been in limbo for many months. We are currently awaiting a decision from the State of Indiana Supreme Court on the zoning issue. To date, we have been unsuccessful in our attempts to change the industrial zoning back to agricultural. We maintain that the change in zoning by the Lake County Council was an illegal process.
The IDEM Appeal process has not moved forward. At present, we are content to accept the 1998 IDEM denial of the permit application. We had hoped that IDEM would have ruled on all of the laws that apply to the proposed siting, however, they only ruled on the need.

UPCOMING FUNDRAISER:
May 20th will be our annual garage sale at the Bryant Farm - 2.3 miles east of I-65 on State Road 2 in Eagle Creek Township. Your donations are greatly appreciated and tax-deductible.
For information, you may call the SCROD line at 996-6947 or 996-3230. Pick-up service is available for the elderly or those in need.

August, 1999:
     One week after the Board voted to fight WMI and their $200M lawsuit against the Solid Waste Board, WMI dismissed the suit against the Board without prejudice. Atty. James Weiser stated that the ball is now in the District Board's lap and they have two choices: 1.) Bring the issue back before the Board for yet another vote (surely so that it might finally end up in their favor?). 2.) Fight the next lawsuit they're going to file. . . .
     SCROD Attorney Robert Clark stated it well. At the meeting, he urged the Board to "Reject corporate extortion; reject corporate terrorism; reject these ham-handed tactics."
     Since 1998, Waste Management Inc. and its subsidiary USA Waste Services-Hickory Hills, Inc. have been attempting to renegotiate the Host Community Agreement (contract). The issue has been before the Solid Waste Board on several occasions. Again, on July 22, 1999, the Solid Waste Board voted against allowing WMI into our community, rather than settle for the meager contract and a dump that would eventually be as big as the company had originally proposed. The vote was 11-10-1 abstention.
     Very upsetting is the fact that Thomas Keilman, Senior Public Relations employee, of Amoco Refinery in Whiting spoke against our efforts.
     This is reminiscent of the three busloads of the Interfaith Federation who came to a zoning hearing several years ago. They put undue political pressure on the elected officials, bullying them into rezoning the property from Agricultural to Conditional Development District(CDD). It is ludicrous because these people were from 30 miles away, the same as Amoco Refinery. Certainly, it is a difficult enough fight without these people sticking their noses in where they surely don't belong.
     One of the amendments to the contract included bottled water in case of contamination. Further, WMI/USA-HH didn't want to release the Board from legal liability until IDEM permitted the dump. Yet another was a demand for the Waste Board to enjoin in the fight against two local subdivisions which are in the process of being permitted.
     In February of 1995, two local landowners filed a petition with the Plan Commission to subdivide their property. Their application was filed before that of USA-HH. In a series of attempts by USA-HH to stop them, the issue went all the way to the Indiana Supreme Court. USA Waste Services-Hickory Hills, Inc. lost the case.
     USA-HH wanted the locals to open their financial records to the company in an attempt to prove that this effort was orchestrated by SCROD. In fact, SCROD has never financed or been involved with the locals' wishes. It was obvious, through a series of legal maneuvers, that USA-HH was trying to get their dump permitted before the case was ever heard in the courts. At issue is a State law that says there can be no landfill within ½ mile of a platted subdivision.
     It remains our stance that USA/HH breached the contract first when on June 2, 1998, IDEM stated the proposed facility was too big - "in fact, the largest in the State". USA-HH subsequently amended the permit application to the State, without Board approval, which was later denied on the basis of the Need Statute.

Waste Management Lawsuit

On May 13th, the WMI subsidiary USA Waste Services-Hickory Hills, Inc. filed a $200,000,000 lawsuit in Federal Court against the Lake County Solid Waste Management District Board alleging Breach of Contract, violation of the Commerce Clause (because the Board wanted limits on the out-of-state waste) and violation of the company's Civil Rights.
We believe the company breached the contract first. Since the June 2nd, 1998 letter in which IDEM stated that the proposed facility was much too big, the terms of the original contract could not be met. At this point, the company is attempting to settle with the Board at reduced size and also reduced financial incentive. It is our opinion that once they get their foot in the door, there will be no stopping them and this will turn into the mega-dump which was originally proposed.

Results of Water Study

During February 1999, the Lake County Solid Waste Management District allowed 40 hours for a Request for Proposal to do a water study to show alternative water sources in the case of future contamination. The water issue is the only item, locally, holding the majority of our officials back from agreeing to a down-sized facility. The District allowed only 3 weeks for the study to be completed.
The study came back as a sham. It was a regurgitation of the materials that were submitted by USA Waste in the permit application. Seventy-five percent of the study was information from USA's engineers, GeoSyntec Consultants. One Hundred Sixty-Six (166) area wells were omitted from the study. Surface water, water availiability, and water quality issues were not addressed.

The study gave 3 alternative water options:

The neighboring town - The town stated that no-one contacted them for any information and it was infeasible for them to provide water if the need arose.

A well-field - The suggested area was placed atop a neighboring area occupied by gas stations.
Deep wells - No water quality information was given. No deep wells exist in the general area except for irrigation.

SCROD, through their attorney, Bob Clark, blasted this study. The Board unanimously agreed that the study engineer should come back to the Board on April 15, 1999 to relay the next scope of work.

Petitions Filed

On November 25, 1998 SCROD filed a Petition to Review to Indiana's Office of Environmental Adjudication. Even though IDEM issued a DENIAL on the proposed Hickory Hills Landfill Permit Application, we are seeking a stronger Denial on the Need determination and a Denial based on the Good Character of the company. We have also asked that the IDEM issue a Denial based upon geology and further affirm its position on the Need, asking for review of all available landfill space and future waste generation.
On November 25, 1998 USA Waste Services - Hickory Hills, Inc also filed a Petition to Review. They claim that the IDEM's Denial of the Permit Application is "arbitary and capricious, an abuse of discretion, not in accordance with the law and not supported by substantial evidence" regarding the Good Character and the Need.

IDEM's Decision

     On November 10, 1998, the Indiana Department of Environmental Management DENIED the Permit Application of USA Waste Services-Hickory Hills, Inc., a subsidiary of the new Waste Management Inc. USA Waste Services merged with Waste Management on July 16, 1998.
     The denial was based on IC 13-20-1 et seq. and 329 IAC 10-11-7 et seq. IDEM determined that the demonstration of need requirements were not met in the permit application. Indiana has a Need Statute whereas a permit application for a proposed landfill must show that there is a shortfall of future landfill capacity.
     IDEM's denial letter also stated "Because this needs-based determination is dispositive of your permit application, IDEM did not consider other permitting issues, including a final good-character determination under IC 13-19-4-1 et seq. Please note that your current application fails to provide the necessary information for IDEM to conduct a complete good-character analysis. In the event you decide to reapply, please submit all necessary information."
     USA Waste Services - Hickory Hills, Inc. has until November 28 to appeal the decision.
     SCROD realizes that the war is not over, however, a major battle has been won. SCROD's main focus will be concentrated on fund-raising.

Click here to see IDEM's determination letter. Under the heading OSHWM Announcements and Public Notices is the link "Hickory Hills MSWLF Permit Decision". It is a pdf. file. You need Adobe Acrobat to view.

Capacity Study Commissioned by the Lake County Solid Waste Management District

     On September 10, 1998, Weaver, Boos & Gordon, a Chicago firm submitted a study which shows future available landfill capacity and Lake County's Waste Generation data. IDEM's original request for the Lake County Solid Waste Board to determine future available capacity was responded to with the Board's passing of a motion stating that there is no shortfall of landfill capacity and a motion to incorporate the Weaver, Boos & Gordon study into the District's 20 Year Solid Waste Disposal Plan.
     This study shows that Lake County has 26 landfills and 1 incinerator within a feasible distance. 6 of the landfills were removed from consideration due to Host Community agreements or litigation. An 85 mile radius was determined to be feasible, taken from the County's population center - I-94 and Cline Avenue. The study showed up to 12 years of available capacity depending upon successful diversion efforts. The study showed that 95% of Lake County's garbage is disposed of at only 8 of these landfills. 19 landfills and 1 incinerator are available for Lake County use.
     The study determined that an additional 573 acres were owned by only 4 of these facilities. It is assumed that these acres are for future expansion, although presently unpermitted. Not included in the study are at least 100 more acres owned by the other landfills who did not respond to the Weaver, Boos & Gordon questionnaire.
     During public hearing on the inclusion of the Weaver, Boos & Gordon study into the 20 Year Plan, Tim Boos explained that the current amount of future available capacity has remained basically the same for the last 15 years. IDEM permits on an as-needed basis. Until a need arises, the landfill company does not apply for an expansion permit.
     SCROD is in disagreement with the future solid waste generation data in the study which determined that Lake County generates 8.60 pounds of solid waste per person per day with that generation rate steadily increasing to 13.29 pounds per person per day by the year 2018.

Contributions are now Tax Deductible!

Take a look at the Fact Sheet from the Indiana Department of Environmental Management (IDEM). It provides a brief description of the proposed Hickory Hill Landfill.

We hope you will be patient in this battle. It may last a long time. We need financial support to continue the fight.

Background

South County Residents Opposing Dumps (SCROD) is a community group that was formed in early 1994 to fight against a proposed landfill site in Eagle Creek township in Lake County, Indiana. In February 1994, the Lake County Solid Waste District released a request-for-proposal for a possible landfill site in Lake County, Indiana. Seven vendors responded to the RFP, including one vendor (Hickory Hills Development of Hopewell, VA - owned by Michael Bogese Jr.), who optioned 560 acres of farmland in Eagle Creek Township.

Prior to September 1995, Hickory Hills changed landfill operators three (3) times, finally contracting USA Waste Services of Dallas, TX.

Water On November 29th, 1995, the Lake County Solid Waste Board passed a motion to begin a 60 day negotiation period between the District, Hickory Hills Development, and USA Waste Services. This decision was based on the Solid Waste Boards engineering findings that ranked the remaining three proposed sites with Eagle Creek as number one. We have always maintained that these findings were skewed and contained omissions of pertinent information. In December 1995, SCROD contracted an independent engineering firm, Hydro-Search Incorporated of Brookfield, Wisconsin, to provide an independent and unbiased report of the site based on all data that was available. The report, released in January 1996, supported what SCROD has been stating all along: the site is geologically unsuitable for a landfill with high ground water and surface water contamination potential. This area has no alternative water supply.

Our group's fight has been focused on three fronts: the geotechnical, the political/legal, and maintaining community support. This fight is not yet over!

Involvement Is Key!

Check out the Financial Support page and learn of ways in which you can assist in the financial needs of our efforts.

Please have your friends, relatives and co-workers continue to write or call your Lake County Mayors, Town Council Members, County Council, and Commissioners. Also, call local, State, and Federal Legislators. Tell them that Lake County does not need 6,500 tons of garbage per day hauled into its borders, there to be left as a legacy for our children. Indiana accepted 1.8 million tons of out-of-state garbage last year, with USA Waste's Liberty Landfill topping the state at 20% of the total amount. Have them request a thorough investigation into this tainted decision process and enact legislation to prevent further targeting of our communities.

Make Yourself Heard

Continue to call or write:

Governor Frank O'Bannon
Lieutenant Governor Joe Kernan
Indiana State Senators: 1(800)382-9467
Indiana House of Representatives 1(800)382-9842

All of the above can be contacted by mail at:
Indianapolis Statehouse
Indianapolis, IN 46204

You can request further information through e-mail
or by calling (219) 996-3230 or (219) 996-4925.

We Are Looking For Information

In the past years, USA Waste/Waste Management has merged with Chambers Development Company, Baretti Hauling, Western Waste, Sanifil, Mid-American Waste Systems, United Waste Systems, City Management Corporation, Eastern Environmental, TransAmerican Waste Industries and many others. If anyone has a friend or relative with any knowledge of their other sites elsewhere in the country, or the world, their community problems, environmental compliance, press coverage, etc., or any information on Hickory Hills Development, please contact (219) 996-3230 or send e-mail to scrod@netnitco.net. If there is any information available as to how anyone has kept these repulsive refuse retainers out of their area, either through legal efforts, legislation, etc. please contact us. SCROD is spearheading the investigation into USA Waste's/Waste Management's records. Our time and manpower is limited, and we could use your help. We have established this site on the internet in an attempt to pull in some information on USA Waste/Waste Management and their other sites or subsidiaries.

You can see that we have not been idle in our research!

Dump Proponents

Players (Some are still around; others have moved on):

Michael J. Bogese, Jr./Hickory Hills Development LLC,Hopewell, VA - Developer
Larry Carter/ Eagle Creek Township, Lake County, IN/now Indianapolis - Sold out on his community.
James Wieser /Wieser & Sterba/ Lake County, IN - Dump Attorney
Randy Wyllie /Wieser & Sterba/Lake County, IN - Dump Attorney
S. Andrew Bowman /McHale, Cook & Welch/Indianapolis, IN - Dump Attorney

Joseph S. VanBokkelen /Highland, IN/Dump Attorney
Dennis M. Wilt /DuPage County, IL/WMI Attorney
Ronald H. Jones/WMI - Harris County, Texas
Frank A. Camilli/WMI/Lake County, IN formerly East Coast
Tim Schotsch/WMI/ PA & VA
Donald F. Moorehead, Jr.USA Waste/Harris County, Texas
David Carter/Indianapolis /Atty & brother of Larry Carter
Edward Kidd /Virginia - Atty.

Responsible Parties (Names listed on the IDEM permit application):

Leslie Bittenson/San Pedro County, Los Angeles, CA

Bryan J. Blankfield/ Harris County, TX

Ralph F. Cox/Harris County, TX

Robert P. Damico/DuPage County, IL

Earl E. DeFrates/Harris County, TX

Jeffrey Alan Draper/Harris County, TX

John E. Drury/Harris County, TX

Vahe' Gabriel/Allegheny, PA

Richard J. Heckman/Riverside County, CA

Ronald H. Jones/Harris County, TX

Larry J. Martin/Harris County, TX

Miller J. Mathews, Jr./Paulding County, GA

Lee A. McCormick/Fort Bend County, TX

William E. Moffett/Fort Bend County, TX

Donald F. Moorehead, Jr./Harris County, TX

Susan J. Piller/Harris County, TX

Rodney R. Proto/Harris County, TX

Alexander W. Rangos/Allegheny County, PA

John G. Rangos, Sr./Allegheny County, PA

Gregory T. Sangalis/Fort Bend County, TX

Daniel D. Schoener/Kenosha, WI

Timothy Schotsch/Philadelphia, PA

Kosti Shirvanian/Los Angeles County, CA

Jewel A. Sikes/Harris County, TX

Bruce E. Snyder/Fort Bend County, TX

Douglas G. Sobey/Harris County, TX

David Sutherland-Yoest/City: Stoney Creek, Regional Municipality: Hamilton-Wentworth, Ontario, Canada

Savey Tufenkian/Fort Bend County, TX

Dean H. Vander Baan/DuPage County, IL

Benjamin L. Victory/Fort Bend County, TX

Charles A. Wilcox/Allegheny County, PA

Charles E. Williams/Harris County, TX

Dennis Wilt/DuPage County, IL

If anyone has any information and/or documentation regarding the individuals named above, kindly forward for our records.

There Are Other Options

Statistics indicate that with recycling and reusing, we may reduce our waste stream enough that none of us may even need to site a new landfill for ourselves. Many reports indicate that there is a glut of landfill space. As there are technological advances for turning solid waste into usable product, the only thing a landfill becomes is a cash cow that erodes the environment and quality of life. If you live in Porter County, Contact your North County Commissioner, Jim Biggs, your Central County Commissioner, Karen Hughes, or your South County Commissioner Brian Gesse and tell them that a new landfill does not help Porter County at all! It just moves the problem outside of your town. You can contact you Porter County Commissioner at 219-465-3400.

Recycle

Recycle, Reduce and Reuse!

Links

EnviroLink - A non-profit organization...a grassroots online community that unites hundreds of organizations and volunteers around the world with millions of people in over 130 countries. They are dedicated to providing the most comprehensive, up-to-date environmental resources available.
Hoosier Environmental Council - Working to restore and protect Indiana's natural environment upon which all life depends.
Environmental Background Information Center (EBIC) - Providing the practical tools and strategies people need to confront corporate power, the EBIC is a non-profit organization that provides corporate research and strategic assistance to members of the public who are interested in getting involved in local environmental issues. (Listed the SCROD Home Page as their Favorite Grassroots Web Site).
Indiana Department of Environmental Management (IDEM) - Dedicated to conserving, protecting, enhancing, restoring, and managing Indiana's environment. They strive to fairly but vigorously enforce environmental laws and standards; promulgate regulations consistent with the law and public policy; and promote conservation, pollution prevention, and a healthy and sustainable ecosystem. They are committed to making Indiana a cleaner, healthier place to live.
Indiana Recycling Coalition - A not-for-profit 501 (c)(3) corporation representing concerned citizens, state and local government officials, business, industry and environmental groups.
Porter County Solid Waste Management - The District is dedicated to acheiving solid waste reduction in Porter County through the following hierarchy of methods; source reduction, recycling and composting, waste-to-energy, and lastly, landfilling.
P.O.W.E.R. - A non-partisan, not-for-profit group dedicated to the continued gathering and distribution of information concerning not only the proposed landfill, but also any future threats to the health and well-being of Gilchrist County Florida and surrounding areas' ecological future.
Recycler's World - A world wide trading site for information related to secondary or recyclable commodities, by-products, used & surplus items or materials. Offers information and links to Recycling Associations, Recycling Publications, Information & Material Exchanges, a Trader's and Recycler's Directory, Waste & Recycling Equipment, and Brokerage Group Services.
Solid Waste Association of North America - A non-profit, educational organization serving individuals and communities responsible for the management and operation of municipal solid waste management systems.
Stop Waste Management (WMX) - Sponsored by LEAD of Dayton, Ohio, this site offers a collective wealth of facts, debates, news, and action information in the interest of stopping Waste Management.
WEAL (Waukesha County Environmental Action League) - A citizens group which is active in local and county government, greatly influencing the environmental well-being of Wisconsin's natural resources, primarily in Waukesha County.

South County Residents Opposing Dumps
P.O. Box 785
Hebron, IN 46341

E-Mail any comments to:

scrod@netnitco.net

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