Ottawa County prosecutor files lawsuit to shut down dumping at quarry

BENTON TOWNSHIP— Ottawa County's new prosecutor filed a lawsuit Thursday seeking to shut down the controversial dumping operation at the former Stoneco Quarry, now known as the Rocky Ridge Quarry.Prosecutor James VanEerten has already obtained a temporary restraining order from Ottawa County Common Pleas Judge Bruce Winters to halt the dumping, pending further court action. VanEerten told the Register he is also seeking an injunction that would permanently halt the work.VanEerten had been prosecuting the operation under a case started under his predecessor, Mark Mulligan, in Ottawa County Municipal Court. He said Thursday he decided to file a civil lawsuit in Ottawa County Common Pleas Court after the company ignored his suggestions to halt their operations until the municipal court case was resolved.VanEerten said Thursday he decided to file a civil lawsuit in Ottawa County Common Pleas Court after the company ignored his suggestions to halt their operations until the municipal court case was resolved."We're concerned that we needed to stop it now," VanEerten said. "They are bringing truckload after truckload after truckload of this stuff in. It's our contention that these chemicals and the spent lime can affect the environment and can affect the water supply."Contamination of the water supply would be very harmful, he said."Benton Township is a well water area …. they use well water for their drinking and everything else," he said.The owner of the quarry has been depositing spent lime, a byproduct from a Toledo water treatment plant, at the site at 14591 W. Toussaint, Graytown, northwest of Oak Harbor, on quarry property under an Ohio EPA license. The owner applied for an EPA license to deposit spent lime into the quarry itself.An attorney for Rocky Ridge Quarry, Brian P. Barger of the Eastman and Smith law firm, said his policy is to avoid commenting on pending litigation."We do believe we are operating lawfully and intend to give our argument to the court at the appropriate time," Barger told the Register.Winters ordered the parties in the case to appear before him at 8:30 a.m., March 7, for a hearing on VanEerten's request for a preliminary injunction.The municipal court case, originally brought by Mulligan at the behest of Benton Township, contends the dumping of the spent lime violates the township's zoning rules.VanEerten said he's been working hard on the case since taking office in January, and brought in an environmental lawyer from Cleveland to help him.The attorney, Robert Casarona, has extensive experience in environmental lawsuits, according to his website.The lawsuit from Casarona and VanEerten lists Benton Township as the plaintiff and lists as defendants Rocky Ridge Development LLC and Stansley Industries Inc.The lawsuit accuses the companies of spreading "industrial waste" in Benton Township.The suit alleges that operations at the quarry threaten the water supply of many people who live nearby.There are 25 homes within 2,000 feet of the quarry's excavation site. Of those homes, five reside within 200 feet, according to the lawsuit. Many of those homes have private drinking water wells that share an aquifer close to the quarry. An aerial drone photo of the Rocky Ridge Quarry on Ohio 590 south of Ohio 2