UPDATE: Landfill on Hwy 231, is Dunbar Coal Rd next? NO, Permit Denied

Sun, 04/28/2013 - 8:26pm — Diane Dyer

UPDATE: There will not be a Less-Than-One Acre Construction Demolition Debris Landfill on Dunbar Coal Road. The Kentucky Division of Waste Management (DWM), Solid Waste Branch has performed a review of the Kenway Construction‘s application and denied the permit.

According to Ronald D. Gruzesky, P.E., manager of the Solid Waste Branch,

Due to the significant level of public interest, a public notice was issued and a public hearing was held on April 4, 2013. During the comment period, multiple people indicated the presence of mine workings under the proposed landfill site. Pursuant to 401KAR 48:320 and 401 KAR 48:050, Section 1, wastes shall not be placed within the zone of collapse deep-mine workings or within the critical angle of draw of such workings. The presence or absence of underground mines beneath the proposed site must be verified by someone with expertise in this area. If mines are present under the proposed site, the applicant must have a Professional Engineer registered in Kentucky verify that the disposal area is not within the zone of collapse of deep-mine workings or within the critical angle of draw of such workings.

During the hearing multiple commenters indicated the presence of mine workings under the footprint of the proposed landfill. The application was denied on the basis of the above comment.
The denial does not preclude the submission of a new application or registration for the same site or facility in the future.

ORIGINAL STORY-“A picture speaks a thousand words” and with landfills the hot topic of recent fiscal court meetings Beech Tree News readers have been sharing their photos of an existing landfill in Butler County.

This landfill sets on Hwy 231 about a half a mile south of Kuntry Korner Market and is clearly visible from the road. Residents in that area of Butler County expressed their concerns but now live daily with the sight, traffic, and smell of the landfill.

Butler County residents worried about the proposed less-than-one-acre construction and demolition debris (CDD) landfill won’t see the landfill open in the new future, according to Bob Bickner, with the Kentucky Department of Environmental Protection.

“The pubic notice originally appeared with the wrong information in it, so we asked Mr. Allen to run it again,” Bickner told BTN on Friday. Bickner said that his agency had informed Ken Allen of Ken-Way Contracting that the application needed more information about the depth to ground water at the site, and therefore had been rejected, but not denied.

Bickner said that there had been much input in the last week from Butler County residents opposed or concerned about the site. “We’ve probably had over thirty calls,” said Bickner. Because of the public outcry Bickner said that he would “definitely anticipate” a public hearing if Ken-Way decides to continue the permitting process for the Dunbar Coal Road location. Bickner said Ken-Way can’t reapply for the permit until February 28th.

Bickner went on to say that residents might not be completely satisfied even if the matter went to a hearing. He told BTN that no matter how many complaints or how many people come to a public hearing that the permit could still be issued. “If he meets are the regulatory requirements for siting and setback distances, we would have to issue that permit,” said Bickner.

According to Bickner the longterm future CDD landfills in Butler County lies with the fiscal court. “I think the county’s actions are going to count for more than anything the state can do,” said Bickner.

The Butler County Fiscal Court will meet in special session Monday evening to discuss the County’s new siting ordinance. The ordinance was drawn in response to the proliferation of CDD landfills in Butler County.

“I don't understand how the county pays thousands of dollars to clean up illegal dumps but allows this landfill just inside county line on a main highway into the county,” said one concerned Butler County resident.