By VICKI URBANIK

An Indiana Department of Environmental Management law judge has ruled against the opponents of a waste transfer station on the Porter-LaPorte County Line Road, but the fight will go on.

Porter County Attorney Gwenn Rinkenberger said the county commissioners remain firm -- “firmer than ever” -- in their position that they will not issue Great Lakes Transfer LLC the required road cut permit that it needs for access to operate the transfer station.

Though the proposed transfer station is on the LaPorte County side of the county line, the control of the entire road rests with the Porter County Commissioners, who have argued that the heavy waste hauling trucks to and from the transfer station would harm County Line Road and would violate that road’s weight limits.

With Tuesday’s ruling by IDEM Chief Environmental Law Judge Mary Davidsen, the opponents will now appeal the decision in a civil court, Rinkenberger said. It has not yet been decided if the case will be heard by a Porter County or a LaPorte County judge, she said.

The parties appealing are the Porter County Commissioners, LaPorte County, and the towns of Beverly Shores and The Pines.

Great Lakes Transfer first applied for a permit to operate the transfer station in August, 2004, and hundreds of residents came out in opposition at an IDEM public hearing in September of last year. Nonetheless, the IDEM issued Great Lakes a solid waste facility permit in November, prompting appeals from the two counties and two towns.

The opponents have cited various objections, including increased traffic hazards, impacts on wetlands, and increased groundwater and surface water contamination. Porter County in particular has argued that the IDEM permit was in error since Great Lakes does not, and will not have, the required driveway permit.

“They granted it (the permit) knowing Porter County is not going to grant road access,” Rinkenberger said.

But on Sept. 6, Davidsen ruled against the petitioners’ request for a stay of the permit, which would have blocked the permit from taking effect until the full appeal is heard. Then on Tuesday, Davidsen issued a final order in favor of IDEM’s motion for summary judgment and Great Lakes’ motion to dismiss.

In her final ruling, Davidsen said that the concerns raised about operational and traffic issues are not within the jurisdiction of the Office of Environmental Adjudication, the office that hears appeals of permits granted by IDEM. Further, she ruled that the petitioners presented no evidence to show that the issuance of the permit will result in pollution or other negative environmental impacts that would trigger “environmental justice” issues.

“Speculation that the transfer station may lead to additional pollution is again an operational issue that is not within the jurisdiction of the OEA,” she wrote.

As for the road cut issue, Davidsen also wrote that if it is true that Great Lakes will not comply with local regulations if it is not granted the road-cut permit, then IDEM will not allow Great Lakes to operate. Elsewhere in her ruling, she stated that Great Lakes is required only to show a plot plan that shows how its facility would have road access.

“The regulation does not require that Great Lakes must demonstrate that it has obtained all certifications and permits to access local roads. However, the lack of a permitted driveway will also prevent IDEM from allowing Great Lakes to operate if in fact that condition is true,” she said.

She further wrote that the IDEM permit does not give Great Lakes permission to ignore local rules or regulations, but that the issue of how the transfer station might harm Porter County roads and how Porter County enforces its weight limits are not within the jurisdiction of the OEA.

Posted 9/14/2006