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Ohio EPA settlements benefit LSCSWMD

The Lawrence-Scioto County Solid Waste Management District will receive a financial boost to its dump cleanup fund for the second time in as many months.

The second part of a settlement between the Ohio Environmental Protection Agency and the three parties involved with improperly disposing of construction waste on Buffalo Creek Road in Chesapeake will provide the LSCSWMD with an additional $14,000 to go into the dump fund.

To meet a July 22 EPA order, property owner Larry McSweeney and Rick Adkins Trucking of South Point will clean up McSweeney's property and each pay $7,000 in civil penalties to the LSCSWMD, said Clint Shuff, environmental specialist for the OEPA's Division of Solid and Infectious Waste Southeast District Office.

McSweeney needed clean fill to raise his property out of the flood plain. Because wood and other materials were in the the debris, the OEPA cited all

parties involved, Shuff said.

"Mr. McSweeney may have been a victim in in this," Shuff said. "He told the contractor that he just wanted clean hard fill, but he did not get just clean hard fill."

Larry McSweeney declined to comment at this particular time. Rick Adkins was unable to be reached by phone.

In June, Marshall University in Huntington, W.Va., paid the LSCSWMD $15,000 as part of settlement with the Ohio EPA over the university's unwitting role in dumping the construction debris on McSweeney's property.

In 2001, Marshall University demolished the Doctor's Memorial Hospital along Sixth Avenue in Huntington to make room for new on-campus housing.

The contract required the contractor, the now-defunct company Saracon, to properly dispose of the material, Dr. Edward Grose, senior vice president of operations at Marshall said last month.

"We assumed they were abiding by the contract. Somehow, they deposited the material on the McSweeney property," Grose said. "Whether it was a misunderstanding or whatever, material was placed there that the EPA said was not permissible. It was considered construction debris, not clean fill."

The settlement money will be used to remove dump sites that have been targeted by the EPA where no known violator can be cited, said Chuck Yaniko, district coordinator for the Solid Waste Management District.

"Without these funds, the county would not have the money to clean up any dump sites," Yaniko said. "The litter crews cleanup the small stuff on county right-of-ways. But some areas can be very expensive to clean up, so we might only do one or two a year."

The Solid Waste Management District used part of the first settlement funds to dispose of nearly 100 tires scattered in a creek along County Road 30. County Engineer David Lynd's office saved the district office "a significant amount of money" by hauling the tires to the Cooksey Landfill in Greenup, Ky., Yaniko said.