Trial Versus Settlement?

tion area except as required by

EPA
Restricted hours for blasting
$50,000 annual payment to Cham-
ber of Commerce for 10 years
Height limitation of future expan-
sion
Construction of corporate head-
quarters and industrial park along
Struble Road
Buffering area around landfill
Designated Liaison of Colerain
Township will be provided access
to records.
2-year refuse rate guarantee for
Colerain residents
Given the importance of this issue to
the future of Colerain Township, the
Board of Trustees believes it is vitally
important to hear from you the residents
before making a decision. Therefore, if
you have an opinion on this matter, we
ask you attend a public hearing on July
21st at 6 pm at the Colerain Community
Center ( 4300 Springdale Road) and
offer your views. If you cannot attend,
we would appreciate your feedback via
email at rumpke@colerain.org, or call
the Township directly at 513-385-7500
(ext. 50141).
Thank you for your attention to this criti-
cal issue to the future of Colerain Town-
ship.
Best Regards,
The Colerain Township Board of Trus-
tees:
Melinda Rinehart, President
Jeff Ritter, Vice-President
Dennis Deters, Trustee
In early 2006, the Rumpke Sanitary
Landfill applied for a zoning change to
expand the existing landfill by roughly
300 acres. The area in question is
adjacent to the eastern edge of the
current landfill, bordered by Hughes
Road, Buehl Road, and I-275, and
would represent an increase of ap-
proximately 100% from their current
landfill footprint.
After the application was rejected by
both the Colerain Township Zoning
Commission and the Board of Trus-
tees in the fall of 2006, Rumpke sued
the Township on two grounds. Their
first claim was that they are a public
utility and thereby exempt from local
zoning laws. The second claim (and
more traditional grounds in a zoning
case) contends that the current zon-
ing of light industrial and residential
does not allow them a viable econom-
ic use for their property, and is there-
fore unconstitutional.
Hamilton County Common Pleas
Court determined that the public utility
question would be heard first, and
subsequently ruled against the Town-
ship. However, the Township ap-
pealed, and ultimately the Ohio Su-
preme Court ruled in our favor by a
vote of 8-0.
Now the case is back in Hamilton
County Common Pleas Court to de-
cide the second question of the con-
stitutionality of the zoning, and we are
scheduled to begin the trial on Sept.
22.
As with any court case, the outcome
is highly uncertain. With this case,
the stakes are extremely high. If we
lose, we not only have 40-50 more
years of the landfill, but we would only
receive $0.25 per ton of garbage
dumped at the landfill. That is the cur-
rent statutory rate in Ohio for the host
community (the Township currently
receives $0.45 per ton as a result of a
special consent decree agreement in
2001.) Moreover, we would have little
if any control over the amount of buffer-
ing and other governance which would
somewhat mitigate the impact to the
community.
Since we have fought this expansion in
court for almost eight years, our clear
preference is obviously that there be no
expansion of the landfill. We are highly
sensitive to the adverse impact that a
landfill has on a community, and be-
lieve the cost of attorneys fees and our
time has been worth the price. Howev-
er, Rumpke will never agree to any
settlement which does not permit an
expansion of the current landfill.
Nevertheless, we also believe it is pru-
dent to explore all options and be able
to evaluate an alternate choice that
would mitigate our risk of losing at trial.
Consequently, a professional mediator
was recently engaged to determine if
an equitable settlement could be
reached. Although the mediation is not
binding, it did provide the other choice
that we sought. Attorneys from both
sides worked over several days with
the mediator, and reached the following
proposals:
There will be no further expansions
beyond current proposed expan-
sion unless approved by the Col-
erain Township Board of Trustees
$1.5 million/year base payment
plus additional $0.25 per ton (in
addition to current $0.45 per ton)
No expansion above current reac-
IMPORTANT UPDATE REGARDING RUMPKES PROPOSED EXPANSION
COLERAIN TOWNSHIP
Background Information
Underground Reaction
In August 2009, increasing temperatures and changing gas quality
were indicated in the landfill causing rapid decomposition and settling
with underground temperatures reaching 200 degrees causing in-
creased liquid production leading to noxious odors.
Attempts have been made by Rumpke to mitigate the underground
reaction that include the addition of clay, construction of gas collec-
tion wells, installation of high pressure tubes connecting nozzles to
deliver an odor neutralizing agent and the installation of a 56 acre
odor control blanket, which has improved but not solved the problem.
Rumpke is unable to determine the cause or provide a solution to
stop it. Rumpke has developed a contingency plan to either excavate
or build a wall to stop further spreading of the underground reaction.
Noxious odors will continue to pollute the air within Colerain Town-
ship and neighboring communities as long as the underground reac-
tion is active.

Expansion occurs with Township Control for next 40-50 years
Annual revenue increases from $638,000 to $2,492,445
Funding stream will sustain parks, senior center and allow for significant
investment in streets, sidewalks, curbs and gutters
Underground reaction continues until it extinguishes creating odor
No expansion above reaction area except as required by EPA
Blasting controlled through restricted hours
Litigation stops

Impact from Settling the Lawsuit
$638,000
$2,492,445
Current
Proposed
Possible Outcomes from the Lawsuit
Below you will find possible outcomes and impacts from settling the lawsuit as compared to the decision of the courts.
Impact from Losing the Lawsuit

Impact from Winning the Lawsuit
Page 3
RUMPKE LAWSUIT
No expansion
Annual revenue decreases from $638,000 to $0 after current landfill com-
pleted
Underground reaction continues until it extinguishes
No control over expansion above reaction area creating odor
Potential financial damages exist
Current landfill expected to operate for at least 15 more years.
Ongoing litigation expected
Expansion occurs with no Township control for next 40-50 years
Harms perception of Colerain Township and inhibits development
Annual revenue decreases from $636,000 to $354,444 after current landfill
completed
Underground reaction continues until it extinguishes creating odor
No control over blasting
No control over the expansion above reaction area
Potential damages exist
$638,000
$0
Current
Future
$638,000
$354,444
Current
Future

Colerain Township
4200 Springdale Road
Colerain Township, Ohio 45251
Trial Versus Settlement?
Public Hearing
Colerain Senior Center
4300 Springdale Road
July 21, 2014
6:00 p.m.
No Decision has been Made!

Your Feedback is Requested:
Feedback Options:
513-385-7500 ext. 50141
Email: rumpke@colerain.org

URGENT MESSAGE!!!
to Colerain Township Residents
Please read carefully!
PRSRT STD
U.S. POSTAGE PAID
Cincinnati, OH
Permit #2684