After a second closed-session meeting on resolving a Notice of Landfill Violation from the Iowa DNR, the Benton County Supervisors agreed last week to have County Attorney David Thompson write a letter to the DNR expressing the county's plans to correct the violations.

County leaders will then wait to see how the DNR responds to the county's proposals.

The main violation is what the DNR calls "failure to cover." Landfill operators are required to cover the landfill at the end of each operating day with six inches of dirt or other approved materials.

Because a $6,000 fine in 2006 did not result in compliance with DNR regulations, Benton County faces a possible fine of up to $10,000 for violations that occurred in 2009 and 2010, said Iowa DNR Attorney Jon Tack.

On May 18, 2010, the DNR received a complaint stating that “cover had not been utilized at the landfill through the previous weekend (May 14-16) and exposed waste had attracted numerous vultures.”

Landfill regulations require that a cover of at least six inches of cover material shall be placed and maintained over waste at the end of each operating day – or more often, if necessary – to control “vector, fires, odors, blowing litter and scavenging.”

The county also received a Notice of Violation dated Nov. 3, 2009. That notice also mentioned a lack of daily cover, and the stockpiling of yard waste for more than two weeks – another violation.

“The 2006 fine was related to those operational issues, but those issues continued,” explained Tack. “So we are discussing with them a new order with a fine and requirements to comply with the law.”

Tack said Benton County Attorney David Thompson has been very actively working to resolve the issue.

Tack said that if the county and DNR can agree to a fine and remedial action, then the case will be closed.

If the two parties cannot agree within a few weeks, the DNR can take unilateral action, but the county could appeal.

Several DNR specialists have been working with Benton County on its landfill, including with planning and permits, as well as enforcement.

One of those is Doug Hawker, who works in the DNR Region 1 office in Manchester.

“The BentonCountylandfill is one of the only two remaining small county landfills in our regions,” said Harker.  “Winnesheik County is the other.  Benton County has had more compliance issues over the past several years than has WinnesheikCounty.” 

Harker also notes that most landfills in smaller counties have been closed for several years.

“We have three large landfills – in Linn Black Hawk, and Dubuque counties,” said Harker. “All the rest have been closed. Delaware County, Buchanan County, and Chickasaw County have been closed for quite some time. Jones, Bremer, Fayette, and JacksonCounty landfills have all been closed, but have opened on-site transfer stations instead.”