Northside Sanitary Landfill, Inc. v. Dodd

No. C82-84 (Ind. Cir. Ct. April 24, 1982)

The court permanently enjoins the Boone County Board of Commissioners from enforcing a local hazardous waste transportation and disposal ordinance which it held unconstitutional and in violation of state law, 12 ELR 21048.

Counsel are listed at 12 ELR 21048.

[12 ELR 21050]

Drury, J.:

Court's Finding of Facts, Conclusions of Law and Declaratory Judgment on Issues Raised by Intervenor

This matter, having been heard previously on the Petition for Preliminary Injunction and the Court having heretofore entered permanent injunction in favor of the Intervenor, City of Lebanon, Indiana, and preliminary injunction in favor of Plaintiff, the matter is now submitted to the Court on declaratory judgment on the issues raised by the pleadings.

And now the Intervenor and the Petitioner and the Defendants having moved the Court that the evidence received upon the application for Plaintiffs' preliminary injunction become a part of the record of this trial for declaratory judgment without being repeated, the Court now sustains said motion and orders the evidence previously submitted to become a part of the record in this cause, all pursuant to Trial Rule 65(A)(2).

And the Court, having considered the Complaint and petitions and having heard the testimony presented, the Court now enters its specific findings of fact and conclusions of law and judgment as follows:

Specific Findings of Facts

All facts necesary for the Court to render its judgment on Plaintiffs' Complaint for Declaratory Judgment and Intervenor's Petition for Declaratory Judgment are before the Court presenting questions of law for the Court. The Court finds as follows:

1. The Defendants, having failed to introduce any additional evidence to contravene that evidence previously introduced by the Intervenor, the Court now, by reference, adopts the findings of facts heretofore entered in this cause on behalf of the Intervenor on April 2, 1982, as findings in the hearing for declaratory judgment.

2. The Defendants, having introduced no additional evidence to contravene the findings of facts entered by this Court on behalf of the Plaintiffs on April 2, 1982, the Court now, by reference, adopts said findings of facts as part of the findings of facts in this matter for declaratory judgment.

3. The Boone County Department of Health is organized under IC 16-1-4-1; IC 16-1-5-1; IC 16-1-7-2 and as such, its Board is authorized to adopt rules and regulations as may be necessary or desirable to protect, promote or improve public health or to control disease so long as it is not inconsistent with that act on the laws of the State or regulation of the State Board.

4. Ordinance No. 81-3 is in violation of the previously cited statutes in that it attempts to adopt regulations which are inconsistent with the laws of the State and regulations of the State Board.

5. That the Boone County Department of Public Welfare is a municipal corporation and a political subdivision pursuant to the definitions contained in IC 36-1-2-13, (The Home Rule Law), and that the Boone County Commissioners were in violation of the prohibition contained in IC 36-1-3-8 in that by adopting Ordinance [12 ELR 21051] No. 81-3 it was attempting to impose duties on another political subdivision in absence of authority expressly granted by statute. That said Ordinance is void for violation of said prohibition.

6. The Ordinance as adopted is an attempt by the Defendants to regulate interstate commerce in violation of paragraph 3 of Article, 1, Section 8, of the Constitution of the United States.

Conclusions of Law

The Court hereby makes the following conclusions of law:

1. The Court hereby adopts by reference the conclusions of law entered on behalf of the Intervenor on April 2, 1982, as part of its conclusions of law herein.

2. The Court hereby adopts by reference the conclusions of law entered herein on behalf of the Plaintiffs on April 2, 1982, as part of its conclusions of law in this matter.

3. The transportation and movement of waste is subject to the commerce clause of the United States Constitution; and transportation regulation fees and taxes of the type contained in the ordinance, as well as the regulations and taxing scheme for waste disposal included in the ordinance, all provide a substantial burden on interstate commerce, especially since they are developed by a local unit of government and are not uniform in application throughout the state.

4. The ordinance would, if enforced, either "prohibit or unduly restrict both the transportation of waster through its area of jurisdiction (Boone County) which is enroute to the facility" and/or "the treatment, storage, or disposal of waste at a facility within its jurisdiction (Boone County)" by the combination of taxation schemes, transportation, licensing and inspection and facility requirements.

5. The Fourteenth Amendment to the Constitution of the United States provides that "no state shall make or enforce any law which abridges the privileges or immunities of the citizens of the United States, nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law"; and several provisions of the ordinance including the taxation scheme, the set-back distance in Article V(A), the hazardous waste facility classification definition of hazardous waste "in Article 3 in the adoption of disposal methods forbidden by the Environmental Management Board at Northside," all would effectually deny Plaintiffs the vested use of their property and deprive them of an authorized purpose without just compensation.

6. If necessary to support the judgment entered in this action, any finding of fact herein denominated conclusions of law shall be redenominated as findings of fact, and any conclusions of law denominated herein as findings of fact shall be redenominated as conclusions of law.

Declaratory Judgment

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court:

1.The permanent injunction granted to Intervenor be continued in full force and effect.

2. Ordinance No. 81-3 entitled "A Waste Transportation Facility Ordinance of Boone County, Indiana" adopted by Defendants on March 1, 1982, be and the same is hereby declared unconstitutional and void.

3. Defendants, their agents, employees and attorneys be, and they are hereby permanently enjoined from taking any steps to enforce the terms of the Ordinance No. 81-3.

Dated this 24th day of April, 1982.