Court Case Troubles Business Owners

(posted 6.16.09)

Business owners of Robbins Park are fighting the repercussions of a 2008 Indiana Supreme Court decision that will allow a waste transfer station to locate in their industrial park on the city's northwest side.

The Supreme Court's 3-2 decision ruled that a waste transfer station meets the definition of a "truck terminal", reversing a ruling by the Metropolitan Development Board of Zoning Appeals that denied 600 Land Incorporated's permit to operate the station. 600 Land plans to unload trash and recyclables before sending larger shipments out for processing. The BZA ruled that 600 Land's use did not meet the definition of a truck terminal, which is a permitted use under the zoning rules.

The remonstrating business owners' fate now rests with IDEM's review of 600 Land's permit. The owners of Robbins Park are requesting IDEM reject the permit based on flaws in the application.

Steve Wittie, landowner, argued the court ruling was based on the site that 600 Land owned on Zionsville Road in 2006, not at 5350 Rock Hampton Court. He objected to 600 Land switching sites without notifying property owners, stating it was done in "secrecy."

The 100 ft x 100 ft facility "does not belong in Robbins Park. Your environmental review should take that in consideration," Wittie said.

Wittie said the City of Indianapolis is working on an ordinance to close the loop hole to prevent issues like this, but Robbins Park owners must live with the court decision now.

David Hatchet, an environmental lawyer representing Robbins Park business owners, pointed out flaws and lack of information in the firm's operating plan for nearly 20 minutes during the June 10 public hearing. He contended the permit should be denied based on lack of information in the application.

He wanted measurable standards written into the plan, instead of the generic terms "as required" or "as needed." He said the tipping floor's cleaning plan is one example of using the phrase "as needed."

Hatchet spoke about a number items that belong in the application that "have been put off for a later day." He said he could not find the details of a post-closure plan, which is required, and IDEM must go through that process to determine if $4,000 per acre in cleanup charges is sufficient when station is no longer in operation. "It appears to us, that to date, the exercise has not been undertaken." He urged IDEM to impose fees greater than $4,000 per acre.

He described inefficiencies with the site's plan to manage traffic flow. The site plan depicts the scales at the front of the facility, forcing trucks to stack up in front of other businesses while waiting to unload. The company expects 24 trucks per day to drop off material. "We need details how they are going to accomplish this."

He called the terms "wishy washy" and he expressed his concerns that the application refers to itself as a "living document." He said that terminology is "inappropriate" and needs "to be set in stone" for enforcement purposes.

Hatchet objected to IDEM's refusal to give remonstrators a copy of the draft permit. He said the denial prevented remonstrators the ability to give meaningful comments during the public hearing.

Clarke Kahlo said he lives in Washington Township, but was "chagrined" by the court's ruling.

He urged for enforcement and clarification of ambiguous terminology. "I think IDEM has a real affirmative duty here to work this permit application to the bone, as required to cross Ts and dot the Is to make sure there is sufficient specificity to make this a document that provides sufficient protection to the community."

Kahlo said not disclosing the draft permit "creates a very unlevel playing field for the parties."

Charlie Owens, whose business is located at 8811 Robbins Road, has been in the park for 30 years. He valued his property at $1 million. He told about his visit to DPW last October to discuss the lack of infrastructure maintenance and lighting in the park. "The on-going deterioration is a great concern," he said.

DPW has never maintained the streets or removed snow. He said the business owners pay about $400,000 in a year in taxes and have received very little benefit for the amount of taxes paid.

He complained that after eight months, DPW has not yet cleared brush to give drivers a better view to turn onto Zionsville Road. He did not think the deteriorating streets could handle the proposed increased truck traffic.