Judge issues injunction shutting down Benton Township quarry dumping

PORT CLINTON — An Ottawa County judge has issued a preliminary injunction shutting down operations at the Rocky Ridge quarry in Benton Township.The preliminary injunction, which Common Pleas Judge Bruce Winters issued Wednesday after an all-day hearing in his courtroom Tuesday, indefinitely ends the depositing of spent lime from a Toledo water filter plan on the quarry property.The next step is a decision on a permanent injunction, which would permanently shut down operations at the quarry.When the permanent injunction hearing takes place is up to Winters and his schedule, but the preliminary injunction seems likely to stay in effect for months, predicted James VanEerten, the Ottawa County prosecutor.VanEerten said he's happy with Winters' decision.Attorneys for the law firm representing the quarry, Eastman and Smith, couldn't immediately be reached for comment.Benton Township residents, who occupied most of the available seat at Tuesday's hearing, have said they are worried the lime depositions will contaminate the water supply, affecting the water wells they depend upon.The quarry's owners and operators contend they are operating lawfully under the provisions of an Ohio EPA permit and that the quarry's business poses no threat to the local landowners.In his five-page ruling, Winters noted that much of the land the quarry occupies is zoned A-3, or agricultural, although some of it also is zoned M-3, heavy industrial.Permitted A-3 uses include having a home on the site, farming, stabling horses and other traditional farm activities, Winters remarked. The judge ruled that mixing spent lime waste with soil and burying it in pits on A-3 is not a permitted agricultural use.VanEerten commented that the legal issue the judge ruled on is whether Benton Township can enforce its zoning regulations or whether Ohio EPA permitting of quarry operations preempts local zoning."The judge at this point has ruled Benton Township can enforce its own zoning regulations," VanEerten said.The legal battle over the quarry operations is being fought on several fronts.While Winters decides the injunction case, the quarry also is fending off misdemeanor criminal charges by VanEerten in Ottawa County Municipal Court, which also allege violation of Benton Township's zoning law.VanEerten also won a ruling this week in municipal court. The judge, Frederick "Fritz" Hany II, ruled against a defense motion to dismiss the charges, allowing the case to proceed.The quarry had been operating on a permit from the Ohio EPA, which had allowed it to bury spent lime on the grounds of the quarry.The quarry is also seeking a second permit from the Ohio EPA to deposit spent lime in the quarry itself. No ruling has been made on that application.Judge Bruce Winters