BY ROBERT SANCHEZ
The Cincinnati Enquirer
SHARONVILLE -- Despite the owner's offer to pay a fine and lease the property, Hamilton County Board of Health members Friday would not reinstate a landfill operator's license for Miamitown Landfill. At least not now.
Board members heard the plea for reinstatement, Friday, from Kit Cooper, landfill owner Art Vega's attorney.
But Timothy Ingram, health commissioner for Hamilton County, said "We've given them ample opportunities through our warnings. They're not managing their site, and it's not our fault."
The special meeting was called after the board revoked Miamitown Landfill's license at its June 8 meeting. It was the first time in recent history that a license has been taken away, Mr. Ingram said.
Mr. Vega, who owns the 6-acre landfill at 5966 State Road 128 in Cleves, wants a conditional reinstatement of his license. In exchange, he said he would pay a $10,000 fine and lease the property to his competition.
Although Mr. Vega still is discussing a leasing agreement with Carl Alsept, owner of Gray Road Fill Inc. and co-investor Ken Hagy, he wants the opportunity to leave the business debt-free.
"We just want a clear resolution to this whole matter," Mr. Cooper said. "Art wants to walk away from this knowing that everyone will have been taken care of."
As part of the agreement, Mr. Vega would receive 8 percent of the profits each year the landfill is in operation. Mr. Cooper said Mr. Vega would incur $150,000 in debt.
Miamitown Landfill is only allowed to accept construction and demolition rubble, but inspectors have found high quantities of other waste. Inspections May 28 and June 1 found refuse, including books and barrels.
Board members worry that Miamitown Landfill's $32,000 performance bond, which would kick in if the business remains closed, isn't enough money.
"It would be a real mess to clean it up," Mr. Ingram said. "He doesn't have enough to cover the costs with the bond by itself, because it's going to cost six figures."
Additional fines won't work, either.
"This is not about penalties," Mr. Ingram said. "We want to protect the citizens of Hamilton County."
Protection is a concern because the landfill is over an aquifer and a floodplain. Seven other landfills in the county have the same problem.
Mr. Alsept said he would take better care of the landfill. But his Gray Road operation came into question during the hour-long meeting.
Gray Road has been under scrutiny for accepting improper wastes before. The 86-acre landfill has been inspected 211 times in the past two years and was issued eight "notices of violation."
Still, Mr. Alsept said he will make the site acceptable.
"We want to make this work," he said. "There are going to be some changes if we get it."
Mr. Vega filed a lawsuit against the board earlier this month. Mr. Ingram said the county is ready for a legal battle.
"I feel that we would prevail in litigation," Mr. Ingram told Mr. Vega. "I know we're dealing with a lot of unknowns, but for now, the site is going to remain closed."
