An escalating environmental situation in Leavenworth County, Kansas, has prompted state regulators to issue a cease and desist order to a landfill that has been causing concern for local residents and authorities. The landfill, which deals with construction and demolition waste, has been under fire for a series of fires and environmental infringements and has now been instructed to halt waste intake until further notice.
Shawn Britz, the operator of the landfill, claimed the site, owned by Flat Land Excavating, had voluntarily paused new waste drop-offs two weeks prior, aiming to give workers some reprieve. However, the recent official prohibition from the Kansas Department of Health and Environment (KDHE) is a direct consequence of repeated attempts to rectify ongoing permit violations.
The official correspondence from KDHE outlines how the excessive intake of waste, which exceeds the facility's capacity, poses a significant risk to public health and the environment. The landfill's current state could result in harmful releases contaminating air, soil, and water resources, thereby negatively affecting human health.
KDHE's stringent action comes as a last resort, reserved for cases where previous corrective measures have proved ineffective, or when a threat to public health or the environment is immediate and palpable. This is a result of ongoing concerns raised by the Easton community, the town neighboring the landfill, who have repeatedly complained about the unbearable odor and mounting waste pile.
A fire at the landfill that started in February of 2022 was burning over a period of months, and the air around the landfill wasn't tested until nearly a year after the fire started. "One vent was emitting a level of hydrogen sulfide 15 times the limit set out in Kansas regulations," writes Allison Kite for the Kansas Reflector. "The report says that was only at the ground level. At 18 or 24 inches above the surface, the gasses couldn’t be detected."
While Britz contests many of the complaints, arguing they predominantly stem from a single family and county commissioners with ulterior motives, he remarked, "Whatever the issue is, we're going to fix it and move forward."
The KDHE action has been met with relief and support from environmental groups and the local community. Zack Pistora, a representative from the Kansas Sierra Club, expressed satisfaction with the KDHE enforcement and noted the much-needed respite this action will offer the area residents and local ecosystems.
According to official documentation, the landfill's waste volume is currently four times its permitted capacity. Approved for a disposal limit of 430,000 cubic yards, the landfill is now estimated to hold over 1.7 million cubic yards, as informed by the facility's engineering consultant.
The evaluation process began last November, following an inspection of the waste mass. Subsequent analysis by a consultant revealed the landfill was not in compliance with the approved design standards regarding waste heap slopes, elevation, and total waste limits. Some areas were found to be exceeding the permitted height by 38 feet, leading to a formal violation issued by KDHE.
The landfill was given an opportunity to rectify the identified deficiencies but failed to provide all required information. After further evaluation, the landfill's actual waste disposal area was found to surpass the limits set in the facility's permit. The state has ordered the landfill to either apply for an increased capacity permit or submit a closure plan within six months.
Britz, currently awaiting further engineering data, maintains his commitment to addressing the issues and has expressed his wish for direct communication from aggrieved residents.
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