"Based on our evaluation of the violations from the inspections conducted in 2007, 2008 and 2009, we believe a settlement amount of $22,000 is appropriate," Leanne Tippett Mosbly, DNR acting director, said in the letter to Briggs.
Briggs said he plans to discuss the fine with the DNR "to see if we can't get that amount reduced" and determine if the city can implement any programs in lieu of the fines.
Briggs told The Missourian that state inspectors cited the city for not providing adequate daily cover in some instances, litter on the site, not maintaining daily records and water drainage issues, among other things.
The city administrator said he disagrees with some of the findings, noting that in many cases workers have been following the same procedures since the landfill opened.
"Some of these things are more subjective in nature," Briggs said, and may be due to a new inspector being assigned to the city's facility.
For instance, he said, the city's required to cover trash with 12 inches of dirt weekly, but may utilize a tarp as daily cover for up to 24 hours. The city opens the landfill on Saturdays for the convenience of residents and was using the tarp as cover until Monday, which is longer than 24 hours, he explained.
In one case the city was cited for having tires on the ground, but those are used to weigh down the tarp, Briggs said.
"We've already addressed many of these items and we'll be following up with internal inspections through the engineering department," Briggs said.
On the litter issue, Briggs said it's always been kept on-site and has not gone onto adjacent property. But in some instances has been blown away from the "active" landfill cell.
"We've assigned one person this summer to just do litter control out there," he said.
Briggs concedes that in some cases operators at the landfill ignored items that were pointed out.
"They were not aggressively addressing some concerns of the inspector," Briggs said. "We'll do some quality control in-house including random spot checks."
"Partly, it's my fault," Briggs said. "I got an inspection report and it sat on my desk for about a month. I thought they were going out to the supervisor. We've corrected that."
Mosby, in her letter to Briggs, noted that one option would be for the city to implement a supplemental environmental performance project (SEPP) in lieu of a portion of the penalty.
"This proposed project must provide additional protection for human health and/or environmental resources beyond what is required by law and may promote pollution prevention, energy efficiency, renewable energy, conservation, environmental justice or other related beneficial projects," the letter states.
"The department is willing to consider a SEPP as part of the resolution of the violations described in this letter," Mosby wrote. The cash value of the SEPP would offset the settlement.
Any cash the city pays through the settlement would go to the Franklin County School Fund.
