Landfill owners, neighbors clash over request to accept new type of asbestos

Published 10:35 am Wednesday, April 4, 2012

A local landfill and two neighboring property owners clashed Tuesday over the landfill’s request to accept asbestos waste.

Veit Disposal Systems asked the county board and planning commission to amend the business’s conditional use permit to allow types of friable asbestos — a dangerous material if it becomes airborne and is inhaled — at its VONCO IV Demolition Debris Disposal Facility, 24477 U.S. Highway 218 north of Austin.

The landfill’s closest neighbors, Bonnie and Bill Ryther, are firmly set against it. The Rythers argued waste and dust from the landfill is blowing into their property and reducing its value.

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The Rythers also have health concerns, especially considering there was a fire at the landfill in 2010.

“We’re asking the board to do one thing now out of concern for our safety,” Bonnie said.

Officials with Veit maintain the storage process is safe, and the friable asbestos won’t be processed at the site. Instead, it’s transported in six millimeter bags and buried a foot deep, which is beyond the six-inch-minimum stipulated by the proposed conditional use permit.

Veit’s Ian Vogle said the process is common.

“It’s nothing new to our company,” Vogle said. “We manage a lot of asbestos through the state of Minnesota, and I think we do a very good job of it.”

The landfill already accepts two types of non-friable asbestos, and Vogle said the process is safe — both for the public and the company’s employees.

“If it’s improperly packaged, we have to reject that waste,” he said.

Bonnie said the asbestos poses a major health risk to the Rythers and their livestock, and she said she fears what could happen if another fire starts.

“I’m scared to death about this,” she said.

Another key issue is the dust already coming from the site, which Bill said he fears could eventually contaminate his pasture and pond.

“To me the dust is just a huge, huge issue,” Bill said. “They’re becoming a public nuisance, is what they’re becoming.”

Vogle noted the company hasn’t had a formal dust or litter complaints in at least five years.

The board will accept more information from the Ryther’s, Veit and the public before announcing its decision at 10 a.m. during its April 24 meeting. The board must make a decision by May 18.

Veit’s attorney, Jack Perry, hinted that an appeal would be likely if the board didn’t rule in their favor, mentioning that certain denials are difficult to maintain in the court of appeals due to prior rulings.

“This is not a difficult material to handle,” he said, “The rules are very clear.”

The board is looking for answers on other issues, too. Commissioner Ray Tucker questioned Perry and Vogle about a vegetation barrier to prevent dust and debris agreed on in the original permit. The barrier was allegedly torn down.

Last week, the planning commission recommended against Veit’s requested change to the permit, but the last say is in the hands of the county board.

However, County Attorney Kristen Nelsen voiced concern over the planning commission’s recommendation. Nelsen said the board needs to be more specific on its findings.

“You are the final decision makers and a more complete record needs to be made,” Nelsen told the board.