UPDATE: Commissioners Knew About Tanners Creek Landfill Permit Last Year; Mayor's Email Was Sent To Wrong Address

By Mike Perleberg The former Tanners Creek Power Plant site in Lawrenceburg is being cleared and environmentally remediated by Commercial Development Company, Inc. File photo. Update published at 11:50 a.m.: Lawrenceburg City Attorney Del Weldon says there is proof that Mayor Kelly Mollaun's administration knew nothing of a company's request to import fly ash into the city until late February. Online rumors that local officials knew much, if any, of the fly ash proposal sooner than that have loomed over the city's otherwise forceful response in opposition. An email provided to Eagle Country 99.3 by Weldon on Friday reveals that Indiana Department of Environmental Management officials sent a letter about the permit application to several local officials and agencies by email on May 25, 2017. Among the email addresses the notice was sent to was "mayor@col-in.net". Weldon says that address belonged to former mayor Dennis Carr, who left office at the end of 2015. The email address was deactivated sometime after that, which meant the notice was never received by Mollaun's office, which uses a different email address for city business. Also included were email addresses of each of the three Dearborn County Commissioners at their county government emails, the Dearborn County Health Department, the Dearborn County Solid Waste Management District, an IDEM official, and a representative of Enviro Analytics Group - an affiliate of brownfield developer Commercial Development Company and Tanners Creek Development. Weldon was provided the email by Dearborn County Attorney Andy Baudendistel on March 6. Had the mayor's office received the email, it may not have changed the timing of the city's challenge to the fly ash proposal. As McHenry told Eagle Country 99.3 earlier this week, commissioners only received notice that there was an application for a permit, which is why no action was taken by the commissioners. The IDEM letter provided Friday states nothing about fly ash. The U.S. Army Corps of Engineers permit sent to Tanners Creek Development-neighboring property owners in February was local leaders' first indication of plans to import the hazardous material into the city. "Once the Corp report came out and we learned more about what was proposed, we joined the other municipalities in opposing the dumping of fly ash at the old Tanners Creek Plant site," said McHenry. Weldon said the application notice may have seemed a minor issue, as the company has filed for a number of permits related to the redevelopment of the former Tanners Creek Power Plant. Weldon believes Environmental Liability Transfer, among the companies affiliated CDC and Tanners Creek Development, may have deliberately attempted only the minimum level of notification of local officials.   Original story published at 7:47 a.m.: (Lawrenceburg, Ind.) - When did public officials know about Tanners Creek Development LLC’s controversial plan to ship toxic fly ash into the City of Lawrenceburg? It depends on who you ask. The company, an affiliate of St. Louis-based brownfield redeveloper Commercial Development Company, Inc., wants to use coal combustion residuals – known to contain mercury, cadmium, arsenic, and other hazardous substances – to finish filling an ash landfill at the former Tanners Creek Power Plant site. Citizens and city leaders alike have concerns about the human health and environmental risks posed to the quality of the air and groundwater, where much of Dearborn County’s drinking water comes from. Outcry against the fly ash importation began when city leaders say they first became aware of the proposal in late February. But some citizens aren’t so quick to accept that excuse. Tanners Creek Development filed permit modification applications with the Indiana Department of Environmental Management as early as May of 2017. In the application, the company indicated it ship in fly ash from two Dayton Power & Light Company coal-fired power plants in Aberdeen and Manchester, Ohio in order to complete the filling of an ash landfill near the Ohio River at the former Tanners Creek Power Plant site. View the permit application below or click here. The application included the names and addresses of various local public officials. They include Lawrenceburg Mayor Kelly Mollaun, Lawrenceburg City Councilman and Lawrenceburg Conservancy District Superintendent Paul Seymour, Jr., and the three Dearborn County Commissioners. Although they were listed on the application completed by Tanners Creek Development, it is unclear if the city or LCD were actually sent any correspondence about the permit modification last year. At a meeting of Lawrenceburg Common Council on Thursday, Aurora resident Chera Schweitzer called the city’s delayed reaction to the issue concerning. “I am very concerned that all of these documents went out and all of these people were copied on them and yet you guys keep saying that you just found out about it,” Schweitzer said. Lawrenceburg Mayor Kelly Mollaun insisted he was not made aware of the fly ash issue until just recently. “I evidently am copied in on that, alright,” Mollaun said in response to Schweitzer’s accusation. “My signature has not been anywhere to where I have ever had to sign off on those things. I am telling you the facts. I did not know a thing about this.” Seymour added that he was not made aware until recently when a U.S. Army Corps of Engineers joint public notice was received at the LCD office in February. Tanners Creek Development is seeking permission from the corps to construct a facility to unload river barges carrying the fly ash from Ohio. “If he says he didn’t know anything about it, I am backing him because I didn’t know anything about it until last Thursday,” said Seymour. “This is when it hit my desk. I don’t know how we can deal with it any quicker than what we’ve been dealing with it.” At least one local board was apprised of the permit modification proposal 10 months ago. Dearborn County Commissioner Shane McHenry tells Eagle Country 99.3 that county commissioners were made aware of the application last May. “…We took no action because it was only an application for a permit. Once the Corp report came out and we learned more about what was proposed, we joined the other municipalities in opposing the dumping of fly ash at the old Tanners Creek Plant site,” said McHenry. Earlier this week, county commissioners penned a letter to IDEM and the Corps of Engineers joining the city in opposition to bringing the toxic ash into the city, county, and state. Also Thursday, Lawrenceburg Common Council voted to enact an ordinance that prohibits hazardous fly ash from being brought into the city, unless the city approves a variance. Bright resident Brian DeBruler has published a website opposing the ash situation. He spoke at the meeting, praising Lawrenceburg officials for their actions to fight the ash importation. DeBruler also wondered if local officials were not deliberately excluded from receiving notice about the permit change. “In my mind that is malicious intent on behalf of that company to our community and I think we should respond with extreme prejudice,” he told council. Mollaun said that he was told by IDEM officials that they have been inundated with response from the public. The mayor said the agency has previously indicated that it could make a decision on the permit within a few weeks. RELATED STORIES: Could Ordinance Stop Fly Ash From Being Shipped Into Lawrenceburg? County Commissioners Join Lawrenceburg In Effort To Block Out-Of-State Fly Ash IDEM Opens Fly Ash Permit Modification For Public Comment Citizens Air Worries About Fly Ash Shipped Into Lawrenceburg Toxic Fly Ash Could Be Shipped Into Lawrenceburg; Mayor Trying To Make A Stand Demolition, Decontamination Timeline Shortened At Former L’burg Power Plant Ports Of Indiana Enjoying Growth In 2017 Ports Of Indiana Enters $8M Purchase Agreement For Lawrenceburg Site IBJ: Governor Continues To Back Lawrenceburg River Port Official Release: Ports Of Indiana Identifies Former Lawrenceburg Coal Plant As Site For Future Port Analysis A Year After Closing, Tanners Creek Plant’s Fate Undecided