The Herald Bulletin

Morning Update

Local Business

December 9, 2013

State approves transfer of Mallard Lake permit

Remonstrators have 15 days to challenge decision

ANDERSON — State officials have approved the transfer of the Mallard Lake landfill permit to its new owners.

The transfer was approved by the Indiana Department of Environmental Management from the JM Corp. to 600 Land with a legal ad appearing in The Herald Bulletin on Saturday. Anyone wishing to challenge the transfer of the permit has 15 days to file for an administrative review by the Office of Environmental Adjudication.

A decision, by those opposed to the landfill to challenge that transfer, however, has not been made.

Officials with the Indiana Department of Environmental Management said a permit was transferred to 600 Land Inc. to allow the company to develop 13 acres of the property as a landfill. The permit expires on Feb. 1, 2015, and 600 Land will have to apply for a renewal 120 days before its expiration or the permit expires.

Barry Sneed, a spokesman for IDEM, said Monday that the only thing that changed regarding the permit is the ownership.

He said the conditions surrounding the issuance of the operating permit to JM Corp. in 1988 have not changed.

Bill Kutschera, president of the Killbuck Concerned Citizens Association, said he is unsure what steps his group will take to prevent the landfill from possible development.

“The time frame for us to make a challenge is virtually impossible,” he said noting the 15 days for a challenge to be made.

Kutschera says KCCA unsuccessfully opposed the original issuing of the permit for Mallard Lake and the legal battle was an expensive venture. He said KCCA has contacted its legal representative regarding the transfer of the permit, but its options may be limited.

“It’s brutally costly and we have to rely on donations from the residents of Madison County,” he said. “Right now, I don’t know if there is anything new for us to protest. We have protested the first permit and provided all the ecological studies to prove its negative effects and a judge ordered the permit issued.”

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