SENECA COUNTY, Ohio — The Ohio Supreme Court has dismissed a lawsuit filed by WIN Waste Innovations - which operates Sunny Farms landfill - against the Seneca County Board of Health, according to a press release issued Friday.
The press release, issued by the Seneca County General Health District, stated the case was terminated a week ago. It was filed as a motion for judgement in January on a May 2023 lawsuit that sought to appeal the conditions in both the 2023 and 2024 operating licenses. WIN Waste claimed the conditions were created in violation of the Open Meetings Act, were unreasonable and were not consistent with standard industry practice.
The Seneca County Board of Health said in the press release the referenced conditions were designed to protect the landfill's neighbors and the environment from pollution, and alleged WIN Waste's strategy was to "prevent the board from including any protective conditions in the licenses."
"The conditions of the 2023 and 2024 operating license are reasonable and within standard practices. WIN Waste claims they are 100 percent in compliance. However, when we put reasonable conditions in place, they file a lawsuit against us," said Seneca County Board of Heath President Clay Wolph in the press release.
In the motion, WIN Waste alleged the the Board "unlawfully failed to deliberate on those conditions in a public session" and claimed the deliberations on the conditions in the 2023 operation license were conducted "solely in a closed executive session."
According to Ohio Supreme Court dockets, the case was dismissed as moot on Feb. 21. A court hearing is scheduled for March 13 by the Environmental Review Appeals Commission regarding a motion filed by WIN Waste to temporarily halt or suspend conditions in the licenses designed to prevent the leakage of waste from railcars at the landfill, the board of health said.
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The lawsuit was initially filed in May 2023 after WIN Waste alleged the health district was wrongfully denying the renewal of its operating license for the year, which the company requires to keep the landfill operational.
The lawsuit was initially filed in 2023 when WIN Waste claimed the Board failed to renew the annual operating license within the 90 days mandated by the Ohio Environmental Protection Agency, and issued a Notice of Intent to Deny the license "with no legal grounds". WIN Waste also claimed in the lawsuit that Sunny Farms was in "substantial compliance" with Ohio's environmental laws and regulations.
Sunny Farms has been operating just south of Fostoria since 1970 and has been the subject of scrutiny over the years. Some residents who live near the landfill claim it has affected their health, and many have expressed disapproval of its proposed expansion. The expansion would bring in more refuse from out of state, going from the current 7,500 tons every day to 12,000 tons.
In 2019, Sunny Farms paid a $3.72 million settlement to the Ohio Attorney General and Ohio EPA that included about $1.7 million in civil fees following an EPA investigation. According to the agency, Sunny Farms failed to meet a deadline to control the landfill's odors.