SENECA COUNTY, Ohio — A resolution was passed unanimously Thursday by the Seneca County Board of Health issuing a notice of intent to deny the 2025 operating license for WIN Waste Innovations in Fostoria, outlining the landfill's "noncompliance as grounds for denial."
The board of health says that according to the resolution, WIN Waste falsified reports and kept an internal inspection log that was not submitted to either the Seneca County General Health District or the Ohio EPA. A log that was provided to SCGHD and the Ohio EPA did not contain ongoing erosion and ponding issues that were noted in the internal log, according to the resolution.
The board of health says the resolution states that WIN Waste "did not protect the landfill’s intermediate cover from erosion or water damage and failed to comply with the requirements of an Ohio Administrative Code to employ the best management practices for erosion control. It also failed to timely repair the erosion in accordance with its 2013 Permit to Install."
The board of health says the resolution states that WIN Waste violated the limit of the landfill's Title V permit that restricts hydrogen sulfide emissions by not controlling odors. According to the board of health, the landfill also did not conduct daily inspections for leaks or spills on loaded and unloaded rail cars. The daily inspections are said to have been required by a condition of its 2023 and 2024 licenses.
“WIN Waste has failed to comply with its 2023 and 2024 license conditions,” Seneca County Board of Health president Dr. Clay Wolph said. “It does not make sense to issue another operating license with conditions that won’t be followed. The 2023 and 2024 license conditions are more than reasonable and are necessary to safeguard our environment and residents.”
The county board of health says WIN Waste has 30 days to request a hearing where a hearing examiner will issue a recommendation. The board says they will "take into consideration" the recommendation and then make a final decision on whether to grant or deny the 2025 operating license.
According to the board of health, WIN Waste can appeal the decision to the Environmental Review Appeals Commission if the license is denied. The board says the landfill is still able to operate under its 2024 license with conditions, but says WIN Waste has filed a separate case to ERAC "disputing the conditions."
WIN Waste Innovations provided the following statement to WTOL 11 in response to the resolution:
The Seneca County General Health District’s (SCGHD) decision to deny WIN Waste’s operating license after the site has undergone more than 300 times this year and been deemed “in substantial compliance” by the Ohio Environmental Protection Agency (OEPA) is groundless and unlawful. WIN has invested over $100 million since acquiring the landfill and has a proven track record of going above and beyond local and state regulatory requirements.
We unequivocally deny all claims of noncompliance in the resolution. Yet again, because of this unlawful action by the Health Department, we will be forced to litigate to defend our right to operate. We eagerly await a decision on the various legal actions currently pending and remain hopeful that our well-documented operational excellence will be the catalyst for the SCGHD to use the funds received by our operations for true community wellness and benefit.
