Good Character Requirements for Solid Waste Management Board Permits
With Citizen Response
(1)< An officer, a corporation director, or a senior management official of a corporation, partnership, or business association that is an applicant; or
(2) An individual, a corporation, a partnership, or a business association that owns, directly or indirectly, at least a twenty percent (20%) interest in the applicant." (P.L.109-1990, # 1.)
RESPONSE FROM ROBERT BEINEKE OF FORT WAYNE
"There is every indication that Waste Management, Inc. is a responsible party to Chemical Waste Management of Indiana, Inc., and must also come under scrutiny for good character requirements of IC 13-7-10.2. Chemical Waste Management, Inc. is not an orphan, and is not the sole responsible party for CWMII. WMI is the majority shareholder and parent of CWMI. According to Standard and Poors, WMI owned 78% of CWMI as of Feb. l, 1990, and that CWMI is controlled by WMI. Also, Chemical Waste Management of Indiana, Inc. is listed among the subsidiaries of WMI (Sept. 27, 1990). Additionally, WMI and CWMI share RCRA required financial/insurance responsibility for CWMII, and WMI provides CWMI with letters of credit and guarantees for the RCRA requirements. WI and CWMII use the same legal firm in Fort Wayne, IN. George Mallers, of Beers, (Orvas Beers, Allen Co. Republican Chairman) Mallers, Backs, and Salin, has represented WMI, and Peter Mallers has represented CWMII. It is plain that WMI and CWMI have an intricately woven relationship for the responsibilities of CWMII. Perhaps the most important relationship is that the profitability of Waste Management, Inc. is reflected by the profits generated by CWMII at the Adams Center toxic waste dump. Therefore, it is imperative the IDEM examine the history of WMI as part of the good character requirements for CWMII."
(b) Before making a determination to deny an application for issuance, renewal, transfer, or major modification of a permit under subsection (a) the commissioner shall consider the following mitigating factors: ....
(8) Whether the best interests of the public will be served by denial of the permit."
RESPONSE FROM ROBERT BEINEKE OF FORT WAYNE
13-7-10.2.2-4 (b) (8) "The best interests of the public will be served by denial of the permit. The Adams Center toxic waste dump is not a public facility and is not a facility for the public good. The well-being to the public in proximity to the dump has been greatly diminished by the existence of the dump. "The permit is for expansion of a hazardous/toxic waste dump that services predominantly private corporations that do not have their manufacturing processes under control. The general public does not have use of the dump. Dumps of any design or construction are the least desirable way of getting rid of industrial toxic wastes and will never serve any interests of the public. The purpose of the Adams Center dump is for the selfish greed of WMI and CWMI and other private industrial polluters."
(See law quoted above)
Here are some examples of CWMII behavior that demonstrate the worst possible corporate citizenship. *** I have complained directly to CWMII and at public hearings about the unacceptable noise for which CWMII is responsible. CWMII (nor our government) has taken no initiative to make living conditions enjoyable for the dumps' neighbors. CWMII readily and without apology causes extremely ear-piercing noise pollution with its earthmoving equipment back-up alarms. We have no means of escaping the disruptive noises of the dump without moving. We should not be placed in the position to either tolerate the dump or move. A responsibility of either an individual or a corporation is to keep peace with their neighbors and to cause no harm or damage, including noise disruptions. Dump responses to the heavy equipment back-up alarms have definitely not shown good citizenship: "The alarms are OSHA required" and to week-end noise "We have a schedule to keep." However, OSHA standards DO provide for an alternative to the alarms for earthmoving equipment: 1926.602 (a) (9) (ii) states, "No employer shall permit earthmoving or compacting equipment which has an obstructed view to the rear to be used in reverse gear unless the equipment has in operation a reverse signal alarm distinguishable from the surrounding noise level OR AN EMPLOYEE SIGNALS THAT IT IS SAFE TO DO SO." (Emphasis mine.) A good corporate citizen would not create severely disruptive noise that would cause their neighbors to suffer the loss of enjoyment of their homes and recreational value of their property. This is especially so when that corporation has an alternative. It is apparent that CWMII would rather be a severe annoyance to its neighbors and maximize profits than have another person on its payroll. *** CWMII requested and obtained from the Allen County Board of Zoning Appeals an exception to mine clay on RS-1 (Residential Suburban) property. It was requested because dirt was needed to cap hazardous/toxic waste cells to be in compliance with EPA regulations. This request was in defiance of its neighbors and general nuisance common laws. (The original intent of buying the property was to expand its dump.) First, if CWMII had good corporate citizenship, they would not have bought land zoned RS-1 for the purpose of expanding its toxic waste dump because the dump IS a nuisance even within its I-4 zoned boundaries. Second, when the land was determined unsuitable for a dump, CWMII pleaded before the Allen County Board of Zoning Appeals that the clay was needed to cap existing and future cells to meet EPA requirements. CWMII will readily put a hardship on its neighbors. However, any hardship on CWMII has been self-induced in not locating in a remote isolated area where their activity would not be a nuisance. *** CWMII conspired with the Allen County Board of Zoning Appeals to change the published working hours of the clay mining operation without the benefit of public input. Because of neighborhood outrage, a subsequent public hearing was held, and the Board denied the extra working hours requested by CWMII. However, CWMII enjoyed many weeks of longer working hours in violation of the original conditions. This was another defiant act of CWMII corporate power against its neighbors, and the Allen County Board of Zoning Appeals was an accessory. Terrible citizenship by both CWMII and the BZA. *** CWMI used the commerce clause of the Constitution of the United States to keep toxic wastes flowing into Alabama for CWMI and WMI profits. In a bizarre twist, CWMII at the same time uses its power to deny neighbors of the Adams Center dump their Constitutional guarantees under the Bill of Rights. To deny us our right to a peaceable neighborhood through our pursuit of happiness and our right to enjoy our property is a case of unacceptably bad citizenship by CWMII (and of our government to allow it). The health, well-being, welfare, and will of the people are readily trampled on by CWMI, CWMII, all for the profits of WMI. *** The "alleged" Adams Center toxic cloud incident that downed two truckers this fall still leaves a lot of questions unanswered. We citizens are concerned about our safety. Living in the area of a facility that is capable of a serious health-threatening release of airborne chemicals should properly worry us. A corporation that would not immediately allow emergency personnel onto their property does not give us any confidence in their concern for community safety. Not good corporate citizenship. *** CWMII is a party to using the Allen County Hazardous Waste Tax Fund for purposes not specified by IC 6-6-6.6-3. The Allen County commissioners have allowed $105,000 from the fund to be used by CWMII for household hazardous waste collection and disposal. CWMII did not show good citizenship in using money from the fund for this unspecified purpose. *** We are unwilling participants in a homeowner buy out scheme concocted by CWMII and several neighbors who had ulterior motives for relocating. To us, this scheme amounts to eminent domain by a corporation for a use contrary to the public good. A good corporate citizen would not force their neighbors to relocate and disrupt their lives so CWMII would have less opposition. *** As reported by the Citizens Action Coalition, the zoning preemption legislation for hazardous waste dumps that CWMII enjoys was introduced by the waste management industry. THE PEOPLE tried in 1989 to introduce 3000 foot buffer legislation that would have in part offset the zoning preemption clause. The buffer would have been minimally good legislation. The major opponents of the legislation were, of course, WMI and CWMI. Another example of the hazardous/toxic waste industry trampling the people while influencing legislation that benefits only themselves and other polluters. WMI and CWMI have no concept of good principles, fairness, or what good citizenship is. ***** IN REVIEWING ALL OF THE UNSCRUPULOUS PRACTICES OF WMI, CWMI, CWMII, (ongoing beyond 5 years back) IT BECOMES MORE AND MORE APPARENT THAT THEY HAVE NOT GOTTEN WHAT THEY DESERVE, BUT ALL THEY HAVE GOTTEN IS WHAT THEY HAVE INFLUENCED FROM POLITICIANS. ***** end of statement