Commissioners maintain there’s little they can do about Heritage landfill

Monday, March 6, 2023
Putnam County Courthouse

As community members continue to express their frustration over hazardous waste being trucked into Putnam County from an Ohio train derailment, the message of the Putnam County Commissioners remains consistent — there’s not much they can do about the matter.

Upset citizens packed the commissioners’ courtroom at the Putnam County Courthouse on Monday to demand more action from the local board.

While three main speakers addressed commissioners Tom Helmer, David Berry and Rick Woodall, much of the room was people trying to urge more action.

Commenting briefly, Morgan Myers questioned why the matter was not on the agenda of the meeting already before presenting a map showing that the Heritage Environmental landfill in Russell Township sits atop an aquifer.

“It’s not a matter of if, it’s a matter of when it will leak,” Myers said before turning the floor over to others.

Rudy Guerrero requested an update on what the Commissioners are doing, asking for “a full-court press attack to stop the trucks.”

Beyond this, Guerrero urged the county to do water and soil testing at the site and have them tested by three independent laboratories, beyond the single independent test Gov. Eric Holcomb commissioned late last week.

One point of disagreement by observers is the possible presence of dioxins in the soil that is being transported from the East Palestine, Ohio, train derailment to the landfill between Roachdale and Russellville.

While the dangerous chemicals have been one of the big concerns following the derailment, they were not identified by Heritage as the hazardous materials in question in the soil coming to Putnam County.

Instead, the identified chemicals were butyl acrylate and vinyl chloride, but even these came in well below the allowed levels for the Heritage facility to accept.

Regardless of what chemicals are coming in, the Commissioners leaned on the argument that there is little they can do about what Heritage brings in, provided they don’t run afoul of the federal Environmental Protection Agency or the Indiana Department of Environmental Management.

“It’s a private company. They have permits from EPA and the Indiana Department of Environmental Management,” Commissioner Tom Helmer said. “I just can’t see what we can do right now.”

Another concerned citizen, Raymond Modglin, seemed to agree that the Commissioners’ hands are tied, but urged residents and leaders to be vigilant regarding future expansion of the site. He said the fact that Heritage has had the landfill here for 40 years is hardly an excuse.

“It was a mistake that it happened,” Modglin said. “I’m tired of hearing that it happened 40 years ago.”

Noting that Heritage has expanded the amount of land it owns over the years – including land immediately adjacent to Big Raccoon Creek, he asked how much of it is still zoned for agriculture and how much of it has been rezoned for industrial use, thus opening the door to more landfill space.

“If you do not want that facility to get any larger, your best bet is to make your voice known in zoning,” Modglin said.

Still, the citizens present, as well as 1,175 whose signatures Guerrero presented, asked that the Commissioners put forth some kind of commitment to do whatever they can to monitor and possibly stop the trucks from rolling into the facility.

On this note, Berry noted that the trucks had been halted as of Saturday morning, after they began coming in late last week.

Finally, County Attorney Jim Ensley stepped in toward the end of the conversation.

“I don’t think you understand that last week there were a number of conversations behind closed doors with the (Putnam County) Health Department, with IDEM and other individuals,” Ensley said. “Right now, as far as what I’ve been told, we don’t have any authority. The county doesn’t have any authority over that facility. IDEM regulates the permits. EPA overall is the one that I think is in charge of it. It’s a business.”

“And IDEM has been out there all last week,” Helmer added.

Already a hot button political item in Ohio and nationally since the train derailed on Feb. 3, the matter of chemicals from the derailment have been a matter of local debate since last Monday when the EPA announced that some of the affected soil would be shipped to the Putnam County facility.

State politcal figures such as Gov. Holcomb, Congressman Jim Baird and U.S. Sen. Mike Braun have demanded answers from federal authorities.

“There are very serious implications associated with the relocation of such serious carcinogens, and this administration has a responsibility to carefully weigh the safest options before making rash decisions,” Baird (R-Greencastle) said. “My responsibility is to keep my constituents safe, and I will continue to push for transparency and stand up for the safety and well-being of the Hoosiers I’m proud to represent.”

Following Monday’s meeting, it’s unclear what steps, if any, local officials will take.

What is clear is they are being watched by an outraged public.

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  • This facility has been taking far more toxic chemicals for decades. This really shouldn’t be as big an issue as some are trying to make it.

    -- Posted by Koios on Mon, Mar 6, 2023, at 8:37 PM
  • Why is this issue being minimized by those who say a greater level of toxic waste has been dumped there before. Isn't that enough reason to investigate? If Heritage Environmental Services has nothing to hide, then they should welcome the scrutiny. I for one would like to know why their predecessors built a landfill over an aquifer that supplies water to northern Putnam County. When the landfill liners break, which inevitably they will, what happens to our drinking, wildlife and recreational waters then?

    -- Posted by MSLK on Tue, Mar 7, 2023, at 12:27 AM
  • Glad to know there is a pause to look at the contents of the trucks coming into Heritage. The source material should be tested from a private testing company blind from the origin of the material.

    Consider the dioxin release from the decision to burn on sight back in Ohio. The upper air distribution plume was enormous into Pennsylvania, Canada, West Virginia even caught on weather radar.

    In other words, there was no containment but distribution!

    The rush to get the rail line open again in just a few days and the resulting burn of these chemicals created this disaster.

    Why?

    Who benefitted?

    We already know who is paying the price of incompetence.

    Wake up.

    -- Posted by direstraits on Tue, Mar 7, 2023, at 8:47 AM
  • When it comes time to vote look at who is running the county

    it is the same people same answers,

    -- Posted by kingswood on Tue, Mar 7, 2023, at 9:41 AM
  • To understand why the hazardous waste landfill is located where it is, anyone with computer access can read about how the people in the county attempted to stop the landfill. Go to https://newspapers.library.in.gov/ (Hoosier Chronicles) and read past Banner Graphic articles, beginning with 5 Dec 1980. Search for ILWD which was the name of the company before it was renamed Heritage Environmental Services. Same company, different name. CEO was Fred Fehsenfeld Jr.

    Putnam County did not have any zoning in 1980 and we were a soft target for the likes of ILWD officials. Commissioners, community leaders, the county health department, and even geologists tried to stop the landfill but were unsuccessful. ILWD sued Putnam County when the commissioners passed a moratorium against landfill development. The lawsuit was heard in Owen County, per ILWD’s request for a change of venue, and ILWD won the case.

    To understand the fear that we, who live in the northern townships have, look at a map of aquifers on the Indiana DNR, Division of Water’s website. The landfill is in Sections 2 and 11 in Russell Township, sitting on top of the Tipton Till Unconsolidated Aquifer. Contamination of our water supply and the waters downstream, including Hardin Reservoir/Raccoon Lake, would be catastrophic.

    -- Posted by LJScott on Tue, Mar 7, 2023, at 10:09 AM
  • Where were all these concerns last year? 5 years ago? Don’t let misinformation and conspiracy theories guide you.

    -- Posted by Koios on Tue, Mar 7, 2023, at 10:41 PM
  • i agree with your last comment. Your previous 2 are not relevant. If you can't have a concern because you previously didn't have the concern, then we would never deal with concerns. My guess is awareness or lack there of is a valid reason.

    If you all of a sudden had a concern that you weren't concerned about, should you have or not have that concern?

    I do agree with your last statement. The tricky part is who decides what is misinformation and conspiracy theories. Sadly, facts are now seen thru political perspectives and rating needs rather than having facts reported and let us decide the perspective. All sides of the aisle do this. Why I asked my original question- if a different party was in power, would you feel different? You is not specifically you. Meant as a generic

    -- Posted by beg on Wed, Mar 8, 2023, at 12:07 AM
  • Where was your concern about slavery 250 years ago? 500 years ago? Slavery in 1860 should have been ignored, right?

    Progressives are all about “progress” until the president is a democrat, then we should all shut up and accept the status quo. If trump was president, they’d be picketing the landfill.

    -- Posted by techphcy on Wed, Mar 8, 2023, at 7:33 AM
  • techphcy deserves a "like" or at least a thumb's up. Well said.

    -- Posted by Prince of Stardust Hills on Wed, Mar 8, 2023, at 8:19 AM
  • Sometimes there has to be a precipitating event to inform. The E Palestine derailment with its resulting waste is that event.

    The generation who led the resistance against the creation of the hazardous waste landfill in Putnam County has passed on in large part. Even the founder of ILWD who misled residents about his intent for the landfill has passed on.

    Why wasn’t there an outcry during the last 40 years and why the concern now?

    1) Ignorance of the risk that the hazardous waste poses to groundwater. The generation which is strongly concerned with the hazard wasn’t yet born or was quite young. In a word, awareness.

    2) An increased dependence on the aquifers’ water supply by high capacity consumers including the town of Bainbridge and Nucor has raised the stakes if the groundwater is contaminated. Bainbridge and Nucor did not have high capacity wells in northern Putnam County aquifers until 1994 and 1988, respectively.

    As to conspiracy theories? No conspiracy exists. The truth is in the geology. That landfill should never have been sited where it is. Our world lacks the knowledge or the means to contain and control hazardous wastes for an infinite period of time.

    -- Posted by LJScott on Wed, Mar 8, 2023, at 9:02 AM
  • Statement released today by Gov Holcomb:

    "Pace Labs has completed and shared the full results of their third-party dioxin testing I had ordered and expedited last week. Initial samples were taken on Saturday morning, March 4, and testing began that same day at their Minneapolis laboratory.

    "These results indicate that the material tested does not contain any harmful levels of dioxins when compared to acceptable levels established by the EPA. Furthermore, these results demonstrate that the site operator is lawfully permitted to dispose of that material at its site. We have informed the EPA and the site operator of these testing results.

    "We will have Pace Labs continue to test samples of any future loads that may arrive in Indiana from East Palestine to confirm that none of the material contains harmful levels of dioxins."

    So I guess people can stop shouting “dioxins” at the top of their lungs. Seems as if that part may have been a conspiracy theory all along. Hmmm.

    -- Posted by Koios on Wed, Mar 8, 2023, at 6:54 PM
  • I wish people were as excepting of glyphosate levels that the EPA has set as Koios has pointed out that Holcomb shared in regard to dioxins. It is cool to have myself and a SLLCS theologist agree on something like this issue. Finding and pointing out common ground is important.

    Would be a much better world!!!

    I am willing to admit the aquifer situation which I did not know has me curious why this place hasn't been shut down. In addition, the good news is the government can send this stuff closer to cities since there isn't any issues!!!

    -- Posted by beg on Wed, Mar 8, 2023, at 8:48 PM
  • Stop calling me a stupid acronym. Or at least explain what that acronym stands for. Labeling me something might be convenient for you, but it’s probably far from the actual facts. I guess I’ll be able to judge that when you finally explain the acronym.

    -- Posted by Koios on Wed, Mar 8, 2023, at 9:00 PM
  • If you don't know what it is, how can you call it stupid. You defined it without knowing it?

    More importantly, lets focus on what we agree on.

    -- Posted by beg on Wed, Mar 8, 2023, at 11:43 PM
  • Beg says, "let me be slick and lie all day long so I can manipulate you into letting me have things my way." But I guess that's what guys like him use religion for anyway - just a big manipulation that can provide them a living and enrich themselves with their prosperity "theology".

    -- Posted by Raker on Thu, Mar 9, 2023, at 8:33 AM
  • What does SLLCS stand for? I’m also curious!

    -- Posted by Homegrown765 on Thu, Mar 9, 2023, at 9:07 AM
  • I don't use religion. I never mention my faith. Nice try. But I understand the modus operandi. Deflect, sling, etc. Raker, do you agree with the waste being brought here? I would love to see if we have agreement on that.

    -- Posted by beg on Thu, Mar 9, 2023, at 10:53 AM
  • Apparently feeling cornered, beg decides to pretend he doesn't know what the word theology means.

    Thanks for asking my opinion. Honestly, I don't really care that much. It's gotta go somewhere, right? Maybe the landfill should be shut down since it's over an aquifer, maybe there are better places for it? I suppose if I lived in that area I'd be concerned about the water. What I think is hilarious is the idea of these meetings filled with angry anti-vax, anti-mask, anti-tax, anti-regulation republicans that suddenly want the government to step in and do something.

    Of course, there's always the libertarian point of view, which says that only the free market has say over the landfill. So, if you want the landfill shut down, it is necessary that the water get contaminated and people become sick and die. Only then, due to the massive cost from lawsuits, will the landfill get shut down and cleaned up.

    This also reminds me of that bill sponsored by Jim Baird just a few months ago that he was so proud of, that was for letting farmers keep using certain pesticides for 9 months if EPA was to outlaw their use due to finding they were possibly toxic to people or the environment. Why would he and other farmers want that? Well, if you suddenly can't use the pesticide you already bought, then you'd have to return it and get a different kind. I mean, what a hassle! That costs time and money! After all, isn't the EPA just a lying bunch of communist democrats trying to punish farmers for being real Americans? There's nothing wrong with pesticide, you'll be fine!

    I'm curious how many farmers there are who are so worried about this waste (or the solar farm) but also thought that bill was a great idea? Beg, you know the bill I'm talking about, right? It's that one you said you were able to read before it was ever publicly released...

    -- Posted by Raker on Thu, Mar 9, 2023, at 1:50 PM
  • I do. I am glad we agree on the landfill!!!

    -- Posted by beg on Thu, Mar 9, 2023, at 3:46 PM
  • BTW, as it applies to the EPA, there is a difference between science based regulations and political position regulation.

    I am fairly confident that the banning of certain pesticides previously approved were more the latter.

    -- Posted by beg on Thu, Mar 9, 2023, at 3:48 PM
  • Not wanting to admit defeat, beg now says that the EPA is banning 100% safe pesticides for purely political reasons, while providing zero evidence.

    -- Posted by Raker on Thu, Mar 9, 2023, at 5:19 PM
  • I have an opinion and stated that way. Proof would be that they were previously approved. Why they were legal. As for defeat, we are in agreement on the waste. I actually didn’t look at us being on the same side being a competition of ideas. I love your fighting spirit, even when I feel it is misguided.

    -- Posted by beg on Thu, Mar 9, 2023, at 8:06 PM
  • We still don’t know what your mysterious acronyms stand for. And why the orders and amounts of the letters sometimes change. Care to shed some light?

    -- Posted by Koios on Thu, Mar 9, 2023, at 9:38 PM
  • I get bored writing them in the same order

    -- Posted by beg on Thu, Mar 9, 2023, at 9:59 PM
  • Still waiting to hear what you are trying to portray with them.

    -- Posted by Koios on Thu, Mar 9, 2023, at 10:30 PM
  • If there are no dangerous chemicals in this waste, then why not leave it where it is? Why truck it across two states?

    -- Posted by jake71 on Fri, Mar 10, 2023, at 1:48 AM
  • I think it's accurate to say that when we're debating an issue and I repeatedly point out that what you're saying is either false or has no evidence to back it up, then you've lost the argument. As for me being an SSCCLL theologist (and a proud one) I get now that you're goal is just to spread chaos and confusion and do the devil's work, so great job on that, you've successfully went full Fox News mode.

    -- Posted by Raker on Fri, Mar 10, 2023, at 9:41 AM
  • You are entitled to your wrong opinion. Enjoy your day

    PS- too many C's

    -- Posted by beg on Fri, Mar 10, 2023, at 11:39 AM
  • Still waiting on the big reveal of the meaning of the various acronyms……

    -- Posted by Koios on Fri, Mar 10, 2023, at 9:35 PM
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