Henry County planning body approves rezoning, gives preliminary OK to Rumpke landfill expansion after sediment debate

Henry County planning officials voted to forward a rezoning request for Rumpke Waste and Recycling to the county commissioners and approved a preliminary commission-approved use to allow a landfill expansion, after members pressed the company about a nearby sediment pond and stormwater controls.

The action stems from two related items on the agenda: case 2281, a request to rezone portions of two parcels so areas needed for landfill operations can be placed in industrial zoning, and case 2282, a commission-approved use (CAU) to operate an expanded landfill. JT Westerfield, regional landfill manager for Rumpke, told the board the application modifies an earlier request and that of the roughly 70 acres proposed for rezoning "only about 6.3 acres is going to be actual landfill footprint," with the remainder proposed for buffer and borrow use.

Board members spent substantial time probing environmental safeguards and legacy issues tied to a nearby dam and sediment pond upstream of the proposed work. Commissioner Terry Matney moved that the board approve the CAU contingent on Rumpke producing a plan to address sediment in the pond, saying he wanted "a plan to do something with the sediment. Use it for cover, clean it out in 5 years, but a definite realistic time to do that." Rumpke representatives said they would need to assess the scope of work before committing to a timeline.

Planning staff and the applicant also explained regulatory limits. Westerfield said the Indiana Department of Environmental Management (IDEM) requires setbacks and a major-modification permitting process that evaluates groundwater, stormwater and other environmental factors and that the solid-waste footprint cannot be located closer than 900 feet to a residence under IDEM rules. The attorney on the call cautioned that rezones are typically not subject to conditions imposed by the local planning board and that any binding conditions about site operations or remediation would likely appear in the conditional-use approval or as part of county-commission action.

The board debated who legally bears responsibility to clean the conservancy-managed sediment pond. Sheldon Dines and other members said the pond, built for flood and sediment control, is full and should be cleaned; representatives of Rumpke pointed to an easement held by the conservancy and said they were coordinating with the Big Blue River Conservancy, which had emailed staff stating it had no objection to the rezoning application. The planning body did not resolve legal responsibility for cleaning the pond at the meeting.

On the motion to rezone the identified portions of the two parcels to industrial zoning (case 2281), the board voted to approve the application as presented and to forward it to the county commissioners for final action. The planning body also approved the preliminary commission-approved use (case 2282); staff noted the CAU would only become functional if the county commissioners approve the rezoning.

What happens next: the rezoning will be considered by the Henry County commissioners at their next scheduled meeting; the applicant will continue required permitting with IDEM (including a major-modification process that includes additional public review). The planning body asked the applicant to verify stream-setback distances (discussion noted a 200-foot continuous-flow-stream standard that can be reduced to 100 feet where a property owner holds both banks) and to continue discussions with the conservancy about sediment management.

The meeting closed after brief new-business items and scheduling notes; planning staff said the county commissioners would likely hear the rezoning on Jan. 14.