Mount Vernon appeals Ohio EPA's lime sludge removal order

Lime sludge old delaware road

Mount Vernon has appealed the Ohio EPA order requiring it to remove all lime material from its Old Delaware Road property by Dec. 15, 2023. | Courtesty of Lyle Daniels

MOUNT VERNON – An appeal has been filed by the city of Mount Vernon to overturn the Ohio EPA director’s order to remove lime sludge from property adjacent to the water treatment plant, which could cost the city up to $3 million.

The appeal to the Environmental Review Appeals Commission said the agency had given its approval by telling the city no permits were necessary to store the lime sludge at that site. It also questioned the Ohio EPA’s legal authority in ordering the removal.

“We were negotiating in good faith with the Ohio EPA on a plan and timeline to remove the lime and provide it to local farmers, for whom it is a valuable commodity, when the agency dropped the order on us out of the blue,” Mayor Matt Starr said in a city news release.

A spokesperson for the Ohio EPA told Mount Vernon News that Mount Vernon received its approval in June to beneficially use the drinking water treatment item, which is a lime material. It was tested to make sure it meets applicable beneficial use standards and can be applied to sites as an agronomic beneficial use alternative to mined lime.

“However, in mid-June, Ohio EPA received an anonymous citizen complaint that the lime material was not stored onsite at the water treatment plant, but at city-owned property close to the water treatment plant,” Anthony Chenault, media coordinator for the Ohio EPA’s Northeast, Central and Southeast Districts, said.

Ohio EPA found approximately 30,000 dry tons of lime material had been removed from the drinking water plant’s onsite lagoon and stored at an offsite storage site.

“The site is not a beneficial use site and therefore not covered under the beneficial use general permit the city received in June,” Chenault said. “Ohio EPA began working with the city and informed the city that it must develop an expeditious plan to remove the material from the site.”

Starr said the timeline is unrealistic and unnecessary as the material has been tested and is completely benign.

The city was ordered on Sept. 14 to haul the lime to a landfill from the property at 1700 Old Delaware Road if enough farmers are not found who are willing to take all of it from the property. At least 7,500 cubic yards must be removed by Dec. 31, with the rest removed by Dec. 13, 2023.

“This aspect of the order is completely irresponsible, as the cost to the city could exceed $3 million. Since the lime has been approved for application to farm fields, requiring the city to put it in a landfill if we can’t meet OEPA’s arbitrary milestones is just silly,” Starr said.

The Ohio EPA has been asked for comment about the city’s appeal and claims.

The city continues to seek farmers who want the lime free of charge, the release said. Farmers can call the City Water Office at 740-393-9504 for information or to arrange a pickup.

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