BY MICHAEL D. CLARK
The Cincinnati Enquirer
LEBANON - Those pushing to build a new landfill in Union Township surprised county commissioners Tuesday evening by conceding that they have no chance to win their approval. Instead, they will use the courts to try build a new landfill in nearby Morrow.
C. Francis Barrett, attorney for Browning-Ferris Industries (BFI) told Warren County Commissioners: "We do not expect your approval.
"We will proceed in court with the Alpine site," he said, in reference to the Morrow site at the old Alpine ski resort at Morrow-Woodville and Morrow-Blackhawk Roads.
BFI officials, however, did not formally withdraw their zoning variance request, now being considered by the county commissioners, to expand their current Bigfoot Run landfill.
Those opposing the proposed expansion - which has been dubbed Bigfoot II - immediately criticized BFI officials for "blackmail" by threatening Morrow residents with litigation and a new landfill in their village.
"It's divide-and-conquer tactic," said Warren Reed, president of the anti-landfill group Morrow Environmental Preservation Association (MEPA).
"But I think it's an idle threat. I don't think they can win in Morrow," Mr. Reed said.
Earlier this year, a Warren County judge ruled against the village council of Morrow, which had passed an ordinance in an attempt to ban landfills within village boundaries.
BFI officials now say they soon will file zoning-variance applications with Morrow officials to build a landfill in the village.
"We're going to charge our attorney to review the situation and take another look at Alpine," said Rob Dolder, BFI district vice president.
The Morrow site has a longer projected life than the proposed Bigfoot II landfill, said Mr. Dolder.
Mr. Dolder reiterated the point he has made in recent months in public presentations before county planning and zoning officials: To deny BFI the zoning approval to create a new landfill would mean Warren County residents would have to pay more to have their trash hauled outside the county, he said.
The Bigfoot Run landfill, the only operating landfill in Warren County, will reach capacity and close in May.
Opponents told commissioners the proposed Bigfoot II waste site is unnecessary and would be a source of air, ground and water pollution that the county should avoid.
County commissioners did not vote Tuesday on BFI's zoning-variance request, but commissioners have said they expect to vote by mid-December. County Commission President Michael Kilburn told an overflow audience of 100 at the commissioners' meeting: "The commissioners realize . . . this is a very emotional issue. But we're not going to rush this."
If the three commissioners reject the rezoning request, BFI officials said they are prepared to pursue the Alpine site in Morrow. BFI officials have said the Morrow site, at the old Alpine ski resort at Morrow-Woodville and Morrow-Blackhawk roads, is their backup plan.
Under Ohio law, all three commissioners must vote to overturn a county zoning commission ruling. Last month, the Warren County Zoning Commission voted, 3-2, against recommending a zoning variance for BFI.
