ABOUT THE QUARRY
The limestone quarry is located on SR 590 in Graytown, Benton Township, Ottawa County, Oh just north of the village of Rocky Ridge. The quarry is in a secluded area and cannot be seen from any local roadway. It had been in operation for about 100 years by various companies who fractured the limestone by detonation of explosives, mined and sold limestone products. Around 2004, the last operator of the quarry, Stoneco ceased mining operations and idled the quarry.
During the 10 years that the quarry was idle and abandoned, the 40 acre quarry pit naturally filled with water and became a hotspot for wildlife of all kinds.
In 2014 Stansley Industries purchased the abandoned Stoneco limestone quarry and began operating under the name, Rocky Ridge Development LLC. One of their affiliated companies secured a multi-million dollar contract with the city of Toledo to haul large quantities of spent lime sludge away from the Collins water treatment plant in order that upgrades could be made to the plant. In late 2014 they began hauling the spent lime sludge from the Collins plant's decades-old clay-lined lagoons to the abandoned limestone quarry grounds in Benton Township. Lime is used in the filtration and purification process for drinking water for the city of Toledo and surrounding area. The water is drawn from Lake Erie. After the lime is used and the impurities bind to the lime it becomes a waste material known as spent lime sludge. The sludge is known to contain arsenic, lead, copper, cadmium, mercury and other heavy metals and substances.
The quarry is comprised of limestone, a porous material. It is known that the limestone quarry communicates with the local aquifer that supplies drinking water for the homes and farms, businesses and school in the township. There is no regional water supply in Benton Township; we all have private wells. Historically when the quarry was de-watered to allow deeper mining of the limestone, area private wells went dry and had to be re-drilled to a deeper depth or replaced. The Ohio Department of Natural Resources Water Division Study #20 identified the quarry as a high potential for water pollution second only to the shores of Lake Erie. Because the limestone is porous and due to the fact that the quarry, aquifer and local wells are all connected we are concerned about the potential for contamination of our local water supply from the placement of the spent lime sludge in and around the quarry. Additionally, we have concerns about two nearby tributaries that lead directly to the shores of Lake Erie just a couple miles away. The quarry owners have a NPDES permit to discharge quarry water into the Packer Creek, one of the tributaries that leads to Lake Erie. Rocky Ridge Development LLC currently holds a Land Application Management Plan (LAMP) permit from the Ohio EPA for the beneficial reuse of the spent lime sludge material. (while the Ohio EPA acknowledges it is unfamiliar with this practice they approved the permit in November 2014) It requires them to mix the spent lime sludge with native soil at a specific rate (1 part lime 2 parts native soil) to be used for general fill and to increase drainage and elevation. In July 2016 they also applied for and today continue to try to obtain a permit to dispose of the spent lime sludge directly into the quarry pit itself. This is an unprecedented practice and an Ohio EPA director level decision.
During the 10 years that the quarry was idle and abandoned, the 40 acre quarry pit naturally filled with water and became a hotspot for wildlife of all kinds.
In 2014 Stansley Industries purchased the abandoned Stoneco limestone quarry and began operating under the name, Rocky Ridge Development LLC. One of their affiliated companies secured a multi-million dollar contract with the city of Toledo to haul large quantities of spent lime sludge away from the Collins water treatment plant in order that upgrades could be made to the plant. In late 2014 they began hauling the spent lime sludge from the Collins plant's decades-old clay-lined lagoons to the abandoned limestone quarry grounds in Benton Township. Lime is used in the filtration and purification process for drinking water for the city of Toledo and surrounding area. The water is drawn from Lake Erie. After the lime is used and the impurities bind to the lime it becomes a waste material known as spent lime sludge. The sludge is known to contain arsenic, lead, copper, cadmium, mercury and other heavy metals and substances.
The quarry is comprised of limestone, a porous material. It is known that the limestone quarry communicates with the local aquifer that supplies drinking water for the homes and farms, businesses and school in the township. There is no regional water supply in Benton Township; we all have private wells. Historically when the quarry was de-watered to allow deeper mining of the limestone, area private wells went dry and had to be re-drilled to a deeper depth or replaced. The Ohio Department of Natural Resources Water Division Study #20 identified the quarry as a high potential for water pollution second only to the shores of Lake Erie. Because the limestone is porous and due to the fact that the quarry, aquifer and local wells are all connected we are concerned about the potential for contamination of our local water supply from the placement of the spent lime sludge in and around the quarry. Additionally, we have concerns about two nearby tributaries that lead directly to the shores of Lake Erie just a couple miles away. The quarry owners have a NPDES permit to discharge quarry water into the Packer Creek, one of the tributaries that leads to Lake Erie. Rocky Ridge Development LLC currently holds a Land Application Management Plan (LAMP) permit from the Ohio EPA for the beneficial reuse of the spent lime sludge material. (while the Ohio EPA acknowledges it is unfamiliar with this practice they approved the permit in November 2014) It requires them to mix the spent lime sludge with native soil at a specific rate (1 part lime 2 parts native soil) to be used for general fill and to increase drainage and elevation. In July 2016 they also applied for and today continue to try to obtain a permit to dispose of the spent lime sludge directly into the quarry pit itself. This is an unprecedented practice and an Ohio EPA director level decision.
THE OPPOSITION
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Benton Township is a very rural, mostly agricultural township of about 2600 residents in Ottawa County, Ohio. On our northern border is Ottawa National Wildlife Refuge and the shores of Lake Erie-- the crown jewel of Ohio. Benton Township is located about 20 miles east of the city of Toledo. |
In 2016 many local township residents began to became aware of the activity at the idled quarry and started attending township meetings and asking questions. We formed a committee in mid 2016 when Rocky Ridge Development LLC applied for an unprecedented permit to dump the spent lime sludge directly into the quarry pit and began organizing our efforts to obtain more information and to inform more people in the area who were still not aware of what was taking place at the quarry property. We began researching Ohio EPA documents and we opened a dialogue with the City of Toledo, Ohio EPA Columbus Office and other relevant agencies and began frequent conversations and communications in an effort to stop the dumping at the quarry. We also began a dialogue with local news media outlets to bring about awareness to a wider audience.
Our efforts continue today. We know that there is strength in numbers and together we have a much louder voice to protect our environment and local drinking water supply. Won't you join us?
Our efforts continue today. We know that there is strength in numbers and together we have a much louder voice to protect our environment and local drinking water supply. Won't you join us?
TIMELINE |
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August 2014 Toledo Water Crisis. Thousands of people could not use their tap water drawn from Lake Erie and processed through the Collins Water Treatment Plant. The plant had not been maintained over the years and was nearing take over by the Ohio EPA. The clay lined lagoons that hold the spent lime sludge that filters and conditions the water had been stored since the 1950s. The sludge is known to contain arsenic, cadmium, lead, copper, mercury and other heavy metals and contaminants. In the past this spent lime material was hauled to lined landfills or used in small amounts (typically two to three tons per acre) to increase the PH of agricultural soil. The Ohio EPA mandates upgrades for the Collins Plant. In order to accomplish this they need the lagoons excavated and the material hauled away. Time is of the essence, they need this done quickly. The Ohio EPA mandates the upgrades, provides funding and regulates how the spent lime sludge will be disposed of. November 2014 Stansley Industries is notified by the Ohio EPA that they are in violation of disposing the spent lime sludge from the Collins plant on their property on Glenwood Rd., Rossford. They are told to shut down the landfill situation. Stansley's turn to Genoa, Ohio where they own a 40 acre agricultural parcel inside the corporation limits and ask for a zoning change stating they are going to store the lime sludge to be used agriculturally. Genoa turns them down. They sell the 40 acre parcel for an $84,000 loss and five days later purchase the former Stoneco Quarry on SR 590 in Benton Twp. (They later acquire additional agricultural land around the quarry.) They obtain an Ohio EPA permit called a Land Application Management Plan (LAMP) to beneficially reuse the spent lime mixed with soil to increase elevation, drainage and for general fill. While the Ohio EPA acknowledges they are unfamiliar with this practice they grant them a statewide permit. January 2015 Scott and Charles Stansley come to a Benton Township meeting and indicate they are hauling dry lime sludge (to be used agriculturally) to the former Stoneco quarry grounds on SR 590 (now known as Rocky Ridge Development LLC). When residents express concerns about the quarry with its known connection to the area wells they say they have no intention of dewatering the quarry and nothing will be dumped in the quarry. (Around 2000 when Stoneco dewatered the quarry to mine the limestone, many area wells went dry) Stansley's indicate they will be making the area into a sportsmen's paradise. January 2016 Rocky Ridge Development (RRD) begins to dewater the quarry into the Packer Creek with a state issued NPDES permit obtained November 2015 July 2016 RRD files a 690 page unprecedented permit application (IAWMP) to dump the sludge blended with soil directly into the quarry pit. They claim it will form an impermeable plug and no contaminants will leach out of the quarry. This has never been done before and their studies have only been achieved in a lab environment. Hull and Associates hired by the Stansley's as technical advisers state that the quarry is at risk for AIR POLLUTION and they need to reclaim it by filling the pit with lime residuals. (The quarry is in a rural, isolated area with no industry, only agricultural and residential properties in the area. There is no issue with air quality in the area) August 2016 Stansley affiliated company Custom Ecology (CEI) is awarded a multi-million dollar contract from the city of Toledo to haul the spent lime sludge from the lagoons at the Collins Water Treatment Plant. Benton Township Organizes and a committee is formed in Opposition to the activity at the quarry. September 2016 Drone photos sent to the Ohio EPA by the committee question that RRD is working within the scope of their LAMP permit. Facebook page (Benton Township Quarry Dumping Opposition) started to keep everyone up to date on the rapidly changing situation. Committee begins to monitor activity, research, reach out to ODNR, Army Corp of Engineers, Ohio EPA and US EPA, State and County officials etc. Direct mailing to area residents inviting them to an October community meeting. October 2016 Community meeting to bring everyone up to date on what is happening at the quarry. Criminal zoning violations filed by the county Prosecutor against RRD for using the property without appropriate zoning. Further drone photos forwarded to the EPA indicate that RRD is not blending the lime sludge with soil and seem to be excavating down to bedrock and dumping the lime sludge directly on what the ODNR Water studies have shown is an area very sensitive to pollution potential. Media involvement, articles in newspapers, petitions are signed, letters to the Ohio EPA director are sent. December 2016 RRD approaches the Ottawa County Engineer about construction a 20 acre, 35 foot deep pond on the agricultural ground east of the quarry. January 2017 Verified complaint with Ohio EPA filed by residents of Benton Township. Newly elected prosecutor involved in zoning violations on the property. Water testing performed at a number of residential wells around the quarry to provide a baseline for possible future contamination. Pretrial for criminal zoning violations in municipal court. Property on N. Toussaint Rd adjacent to RRD floods after under an inch of rain. RRD notified by the County Engineer to remedy the situation immediately. Water in crawl space under the residence. February 2017 Ch 13 (ABC Toledo) runs a detailed story on the 6pm news about the situation at the quarry. Many more news reports through February on multiple networks. The opposition group is awarded a grant from the National environmental organization CHEJ to further our efforts. (www.chej.org) The Ohio EPA modifies the LAMP permit to narrow and redefine the scope of the permit. By modifying the original permit by Ohio law we have 30 days to file an appeal with Environmental Review Appeals Commission (ERAC). Two appeals are filed with ERAC asking that the permit be revoked. The county prosecutor is granted a temporary restraining order to stop activity at the quarry. The township with their newly retained environmental attorney and county prosecutor file suit against RRD and Stansley Industries. March 2017 Ottawa County Common Pleas Judge Bruce Winters rules in the favor of Benton Township on the zoning issues and approves an injunction stopping the hauling of spent lime sludge into the quarry grounds. (RRD, Stansley and CEI appeal to the Ohio supreme court with regard to Judge Winter's jurisdiction in this case.) The committee purchases bright yellow yard signs to bring about more awareness of the quarry dumping situation. Fundraisers begin to assist the township with legal fees. May 2017 An informational mailer is sent to every household within a five mile radius of the Rocky Ridge Development quarry property. An illuminated billboard is rented late in the month on SR 51 in Genoa, Ohio to help spread the word about the situation in Benton Twp. Business style cards are printed and distributed to area businesses and libraries. Two committee members are able to speak to the Director of the Ohio EPA, Craig Butler with regard to our continued concerns for our private wells and drinking water. The Blade and the Sandusky Register carry a story regarding one of the encounters. June 2017 Rocky Ridge Development withdraws their zoning permit application with Benton Township to dig a barrow pit on the property. After filing an appeal on Judge Winter's recent decision to the Ohio Sixth District Court of Appeals they also request and are granted a stay on the appeals case pending the Ohio Supreme Courts decision. July 2017 Notification is received regarding verified complaints submitted to the Ohio EPA in early 2017. The first verified complaint was investigated and dismissed by Director Butler, the second was subsequently denied entirely. A second illuminated billboard is rented on SR 2 at Humphrey Rd to notify motorists of the situation in Benton Township. September 2017 The Ohio Supreme Court renders a decision with regard to Rocky Ridge Development's request to prohibit a local judge from deciding the case. See the full test of the decision here. The decision upholds Judge Winters jurisdiction to hear the case against Rocky Ridge Development with regard to zoning and local laws and regulations. October 2017 The Sixth District Court of Appeals refuses Rocky Ridge Development's motion to hear the appeal of Judge Winters decision stating the injunction was temporary and therefore unappealable. March 2019
Ottawa County Common Pleas Judge Bruce Winters grants a summary judgment in favor of Benton Township making the temporary injunction permanent. Rocky Ridge Development appeals Judge Winters decision to the Sixth District Court of Appeals. September 2019 A local resident farmer who has experienced abnormally wet conditions in a neighboring agricultural field contacts the owner of RRD. RRD agrees the dike abuting the field and separating it from the southeast disposal cell has breached. Work is conducted to rectify the flooding situation. Machinery is again heard by neighboring residents later in the month at the secluded quarry property. Since there is a stop work order in place the local authorities and the Ohio EPA are contacted. We are informed by the Ohio EPA that they are allowing RRD to drain water from the drinking water treatment residual disposal cells directly into the waters of the quarry. This decision seems to our members to be counter-intuitive. The quarry waters are known to communicate with area private wells. The Ohio EPA informs us that they are concerned with the height of the water in the disposal cells and is allowing this drainage so the walls of the cells don't breach. October 2019 Rocky Ridge Development commissions ground and surface water samples taken for analysis as mandated by the Ohio EPA. August 2020 The Sixth District Court of Appeals rules in favor of Benton Township December 2020 The Ohio Supreme Court refuses to hear the appeal made by Rocky Ridge Development upholding the permanent injunction. The Benton Township case is Ohio’s first involving waste byproducts from a municipal water-treatment plant, the state EPA has said. |
Summary: The residents of Benton Township all have private wells. We are concerned about the potential contamination of our drinking water and the waters of nearby streams, wetlands and Lake Erie. We understand the need for upgrades at the Collins Plant but don't understand how bringing the material out to our township makes any sense. Before when the lime sludge was excavated from the lagoons it was lab analyzed and hauled to a lined landfill or used at the rate of 2-3 tons per acre or agriculture. It doesn't make common sense to dump it into an eco-sensitive area like a porous limestone quarry. We ask everyone locally concerned about safe drinking water and the environment to join us in our opposition to this potential disastrous situation. This is an unprecedented permit application. Our concern is not just for our area and our drinking water but for the precedent this sets if the permit application to dump into the pit is approved by the Ohio EPA.
SUPPORT |
What can you do to help?
- Donate! Use the PayPal button at the bottom of the screen or write a check to help with legal fees. Please make checks payable to "BENTON TOWNSHIP" with "legal fund" in the memo line. Send them to BENTON TOWNSHIP QUARRY DUMPING OPPOSITION, P.O. BOX 15, GRAYTOWN, OHIO 43432.
- Write the director of the EPA and express your opinions about this potentially disastrous situation. Direct your letters to Laurie A. Stevenson, Director, Ohio EPA, 50 W. Town Street, Ste 700, Columbus, Ohio 43216
- Write letters to the editor of local newspapers and publications.
- Display a yard sign to further our message with passing motorists.
- Join our Facebook page for the latest updates on this ever-changing situation.
