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Ohio Supreme Court Rules Against Rumpke on Landfill ExpansionOhio Supreme Court Rules Against Rumpke on Landfill Expansion

Allan Gerlat

September 7, 2012

1 Min Read
Ohio Supreme Court Rules Against Rumpke on Landfill Expansion

The Ohio Supreme Court ruled against Rumpke Consolidated Companies Inc. in its effort to be considered a public utility so it could expand its landfill in Ohio’s Colerain Township with exemption from governmental zoning.

The Ohio Supreme Court said in its website summary that a private landfill is not a public utility if the landfill is not subject to public regulation of its rates and charges, is not obligated by law or regulation to accept all solid waste delivered to it for disposal, and the public does not have a right to demand and receive its services.

The unanimous court ruling reversed the decision by the First District Court of Appeals.

In 2006 the Cincinnati-based Rumpke sought expand its landfill by 206 acres, along with 59 acres of light industrial development and 85 acres of green space, the company said in a statement. After it failed to get the necessary new zoning from the township the company pursued litigation methods, including obtaining legal status as a public utility.

“Although, the Court’s ruling is not what we hoped for, it is by no means the end of this process,” the company said in its statement. “The public utility issue is only one of component of the case, and we will continue to pursue success through litigation.”


About the Author(s)

Allan Gerlat

News Editor, Waste360

Allan Gerlat joined the Waste360 staff in September 2011 as news editor. He was the editor of Waste & Recycling News for the first 16 years of its history, and under his guidance the publication won 27 national and regional awards.

Before Waste & Recycling News, Allan worked at another Crain Communications publication, Rubber & Plastics News, which covers rubber product manufacturing. He began with the publication as associate editor and eventually became managing editor, a position he held for nine years.

Allan is a graduate of Ohio University, where he earned a BS in journalism. He is based in Sagamore Hills, in northeast Ohio.

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