robinsdidit

Fluvanna board miffed about undisclosed landfill violation (Central Virginian /April 2001)

Last February, County Administrator Macon Sammons received a Notice of Violation at the Fluvanna County landfill from the Department of Environmental Quality. The county was assessed a $3,500 fine, and the board of supervisors wants to know why. They also want to know why they were not told of the violation, a consent order issued by the DEQ, and the fine by county employees, but only discovered what had happened when Pat Kershaw, a local citizen, brought the matter up at a public meeting earlier this month.
According to the consent order, the initial charges were �unauthorized discharge of sediment-laden stormwater into rivers of the state in apparent violation of � [the] General Water Quality Standard� last August and �failure to operate a solid waste management facility under the direct supervision of an operator licensed by the Board for Waste Management Facility Operators.�
The consent order went on to say that �the unauthorized discharge of storm water to waters of the state resulted when site personnel dewatered a stormwater pond into an unnamed tributary of Bremo Creek causing sediment loading in the unnamed tributary. This unauthorized discharge of stormwater was terminated during DEQ�s August 15, 2000 inspection of the FCSLF.�
On Sept. 8, representatives of the DEQ and the county met at the landfill in an informal settlement conference. On Sept. 21, the DEQ sent a draft consent order to the county for review.
In a subsequent inspection on Feb. 5, the DEQ also charged the landfill with �failure to update the facility disclosure statement,� �failure to comply with waste compaction and cover requirements,� �failure to maintain an active safety program,� and �failure to maintain the facility run-on/runoff systems in accordance with [the law].� As of that date, county officials had not agreed to enter into the consent order issued the previous September.
On Feb. 20, representatives of the DEQ and the county again met in a settlement conference at the landfill and the county was notified that a revised consent order had been developed based on the additional violations. A $3,500 fine was assessed.
On Mar. 22, County Administrator Macon Sammons signed the revised consent order.
However, it was not until Kershaw brought the matter to the board�s attention on Apr. 11 that they learned what had happened. Several members of the board were visibly angered by the omission, and Chair Andrew M. �Mel� Sheridan, Columbia district, instructed staff to bring a report to the board at their next meeting on Apr. 18.
�What I�m most concerned about is not being notified,� he said. �It�s not acceptable not telling us what�s going on. It should have been brought to our attention some time ago.�
County Engineer John Robins and Delbert Beasley, whose company manages the landfill, came before the board on Apr. 18 to discuss the matter.
Beasley has agreed to pay the $3,500 fine. However, he and Robins both blamed David Gidding, the landfill operator, for the illegal release of storm water, although both said that it was just a mistake on Gidding�s part and not an intentional violation.
�It was not my company�s fault,� said Beasley. �It was a county employee that did something that I could not control, and I was the one that got the blame for it.�
He went on to say that he did not feel that asking his company to pay the fine was fair, but he had agreed to do it.
Donald W. Weaver, Cunningham district, is on the landfill committee.
Reading from written remarks, he said, �I certainly am angry that I did not know about this consent order, but had to find out from a citizen. As far as I�m concerned, it�s a complete disgrace what�s going on here. What other secrets are there hidden and who�s allowed to know them? I can assure you that if I have two board members supporting me, changes will be made. I can tell you the DEQ is very disturbed about how this county is handling its business and I am, too. This has been going on for months and months and months, and the landfill committee has not been informed of it. I think it�s unfortunate when a citizen has to inform me that this county has been fined.�
Robins told the board that he had raised the issue of the consent order on Mar. 7. He also said that the county either has corrected or has taken steps to correct all of the violations. The closure date for the landfill has been moved from 2010 to 2007, meaning that the county will have to accelerate its savings program in order to have enough money to finance the closure.
�It sounds like they�re looking for a reason to close it,� observed Sheridan.
Gidding no longer works at the landfill. He declined to be interviewed for this article, but he did say that he plans to retain an attorney