Good Neighbor Campaigns

City of Cincinnati’s Environmental Advisory Council urges support of Colerain Township’s zoning authority

Environmental Advisory Council Chair, Bradford Mank

CINCINNATI — In a letter to all Cincinnati City Council members, Environmental Advisory Council (EAC) chair Bradford Mank urged the city to support Colerain Township’s authority to deny the zoning request Rumpke needs to proceed with landfill expansion. In response to the township’s denial, Rumpke sued in 2007 , stating that the company is a public utility and as such, exempt from local zoning authority. Rumpke received two judgments in their favor and the township plans to appeal to the Ohio Supreme Court. In June of 2010, Vice Mayor Roxanne Qualls proposed a resolution supporting the township’s authority to determine land use. The resolution was referred to the City Solicitor’s office and was held in committee pending a report. No further action was taken. The EAC recommended passage of the resolution, citing possible impacts to the city. “Rumpke’s action to have its privately held company declared a public utility can have long range consequences on Cincinnati’s own jurisdictional authority to determine where in the city other facilities such as communication towers, waste facilities (transfer stations, recycling centers, landfills, hazardous waste facilities, treatment plants) etc. can be located. If Rumpke prevails in court, it could particularly affect the future use of the ELDA landfill site on Este Avenue.”

Melissa English, Southern Ohio Campaign Director, Ohio Citizen Action