Shannon's Window: The arc of history is long


  • July 31, 2014
  • /   Shannon Nickinson
  • /   community-dashboard

About time indeed.

The 23-page notice of revocation issued today cites the Rolling Hills construction and demolition debris pit on Rolling Hills Road for eight counts that violated the rules of its permit.

The order states that within 90 days of the July 31 order, owners South Palafox Properties LLC, care of managing members Alexander L. Cover, John Levitan Sr., Charles Davidson and Scott Miller, shall submit an application to DEP for final closure of the facility.

South Palafox Properties may submit a petition for a formal hearing but the DEP says will file suit to prevent “further violations and compel the facility to address compliance issues and implement corrective actions as required,” according to Shawn Thompson, Northwest District DEP director.

The order filed today includes:

Count 1: Violation of the surface water quality standards. 

The finding is based on a November 2013 review of a second semiannual water quality report.

That report found levels of iron, copper, lead, zinc and mercury were above standards at several monitoring points.

An April 9, 2014 water quality report found elevated levels of iron at one monitoring well.

Count 2: Failure to implement a remedial action plan.

On Nov. 15, 2012, DEP and Rolling Hills entered into a consent order requiring the company to submit a remedial action plan for the site and follow through on the timelines laid out in it to deal with issues at the pit once DEP approved the plan.

That plan was to implemented on or before Oct. 31, 2013.

“To date, Respondent has failed to implement the approved (remedial action plan), in violation of the consent order, Department rules and the C&D permit,” the order reads.

Count 3: Failure to provide adequate financial assurance for the facility.

Conditions of the C&D permit requires Rolling Hills’ owners to annually adjust the cost estimates to close the facility to account for inflation.

On May 28, DEP’s solid waste staff sent Rolling Hills a letter that the existing financial performance bonds used by Rolling Hills to cover those costs were not sufficient. They were supposed to address that differential by June 27, but to date, have not provided that documentation, the order says.

Count 4: Failure to provide financial assurances for corrective action.

On Aug, 8, 2013, DEP approved the cost estimate -- $566,325.85 -- submitted by the owners to pay for the corrective action program required by the consent order. Owners, the DEP order says, have so far failed to provide documentation showing they have the financial means to pay that tab.

Count 5: Objectionable odors.

Once odors from a C&D facility are identified, the owners must submit plans to DEP on how they plan to reduce those smells and how they will monitor them. On five occasions in April and May inspectors found such odors detected off West Pinestead Road north of the facility.

The owners met with DEP June 17 to discuss these documented incidents. Two follow up inspections in July found the odors remained.

The DEP order says no plan has been submitted by the owners for dealing with the smell.

Count 6: Disposal of unauthorized waste.

Pits like Rolling Hills are only supposed to accept construction and demolition debris. Inspections in April and July found waste tires, clothing, shoes, at least one electronic item and a grill.

Count 7: Failure to remove unauthorized waste

If unauthorized waste makes its way into a C&D facility, it is supposed to be removed. Based on those inspections in April and July, that hasn’t happened.

Count 8: Facility is outside of permitted dimensions.

The maximum elevation of the facility is not to exceed 130 feet. A July 5 inspection confirmed complaints that the Rolling Hills facility exceeded its 130-foot maximum height.

The residents in the neighborhood near Rolling Hills have complained for years  — decades in fact — about the smell. And the safety concerns. About whether their water was safe and their air was clean.

Looks like time is finally starting to be on their side.

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