Special Report: Coal Ash
Transcription
Special Report: Coal Ash
Saturday, March 12, 2016 SPECIAL REPORT: COAL ASH Controversy at Broadhurst Landfill JENNIFER LINDELL / Special An aerial view shows the active cell(s) where trash is now being dumped at Republic Service’s Broadhurst Environmental Landfill. The mound stands some 150-plus feet tall. Refuse dumped there is covered in earth that is removed from nearby areas, resulting in the pond areas visible near the mound. This view shows the landfill from the west. Coal-ash dispute follows long and winding road Republic Services’ proposal to build a rail yard at Broadhurst has engendered more controversy than any other local development in the past two decades. The company, which operates the Broadhurst Environmental Landfill, has—through a subsidiary—applied for a permit to build a rail yard that could accept whole trainloads not only of household garbage but also of coal ash. Ever since a reporter for The Press-Sentinel discovered the permit application two months ago, Wayne County citizens and officials alike have been discussing the proposal, what it would mean and what to do about it. People in Pierce County, which borders Wayne County near the landfill, have also been expressing concerns. News outlets from nearby Brunswick to the state capital of Atlanta have been addressing the issue. And legislation to require more reporting of environmental problems at landfills has been making its way through the Georgia General Assembly. The concerns have been so great that the U.S. Army Corps of Engineers has twice extended the public-comment period, which will run through April 5. Next week the Wayne County Board of Commis- sioners will be hosting a public meeting that will feature presentations by both the Corps of Engineers and Republic. Representatives of the Georgia Department of Natural Resources’ Environmental Protection Division will also be present. The meeting will take place at the Coastal Pines Technical College auditorium Wednesday from 7 p.m. to 9 p.m. and will afford local residents a chance to ask questions and make comments. The City of Jesup will hold another open meeting immediately after the county one. In light of the public attention that this issue has already received, and in preparation for the public meeting, The Press-Sentinel is publishing this special section, which traces the evolution of this controversy through the main stories that the newspaper has run so far on the proposal. The stories are accompanied by an array of photos and diagrams, as well as a map, that have been used to illustrate the information provided. The section also includes a wide variety of editorials, columns, letters and cartoons that have complemented the actual news coverage. Nor is the section completely a rehash of previously presented material. It includes a brand-new story explaining what constitutes a Subtitle D landfill, a previously unpublished aerial photo of the landfill area, and a cartoon prepared especially for this section. Even the stories being rerun have in some cases been revised to clarify certain points. The Press-Sentinel hopes that this overview will help the people of Wayne County understand this pressing issue so that they will be in a better position to make informed judgments about the situation in which this community currently finds itself. Eric Denty Publisher The Press-Sentinel COAL-ASH/RAIL-SPUR PUBLIC MEETING March 16 • 7 p.m. at Coastal Pines Technical College Auditorium This is an opportunity for the community to ask questions regarding the coal-ash issue and the plans for building a rail-spur at the Broadhurst landfill. Representatives from the U.S. Army Corps of Engineers, the Georgia Environmental Protection Division, and Republic Services will be available. Hosted by Wayne County Commissioners Wayne County Press Established 1960 • Jesup Sentinel Established 1865 • Combined February 1977 © 2016 Press-Sentinel Newspapers, Inc. 2 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH Landfill’s roots in Wayne go back to ’80s By Drew Davis STAFF WRITER A great irony about concerns over the disposal of coal ash at the Broadhurst Environmental Landfill is that the landfill indirectly resulted from environmental concerns in the first place. Back in the 1980s, several trends—such as a growing population, a greater reliance on disposable products, a greater use of non-natural chemicals in manufacturing processes, and a growing sensitivity to environmental threats— congealed to spawn new federal and state laws regarding sanitary landfills. Simply digging a big hole away from homes and businesses and telling people to drop their trash into it would no longer be allowed. Instead, updated federal regulations, passed in 1984, required that Subtitle D landfills be built with thick liners and other protective layers, stringent operational regulations, extensive monitoring, and sophisticated systems for the collection of leachate (the “garbage juice” that results from rain running through different kinds of collected garbage). Some observers noted even then that the new procedures amounted to little more than semipermanent entombment of trash to be left for later generations. No one could argue, though, that the new technology was clearly superior to what had come before. The problem for local governments was that the cost of building and maintaining a Subtitle D landfill was prohibitive. The only way to make such a landfill economically feasible was to operate it as a large, high-volume enterprise that, in rural areas, would have to serve multiple counties. As previously permitted space began to diminish in Wayne County, officials looked at the high cost of transporting waste elsewhere and decided that the best solution might be to locate a regional landfill here. Some local citizens objected to having large amounts of trash from other places brought here. The rebuttal was that having more trash in a state-of-the-art landfill was better than having less trash deposited directly into the ground. The Addington years Established waste companies began making pitches to build a regional landfill in Wayne County. In particular, Waste Management, the leading provider of waste services in North America, tried to sell the Wayne County Board of Commissioners—consisting, at the dawn of the ’90s, of John A. Flowers, Franklin Denison, Eddy Lane, Bill Morgan and L.G. Aspinwall—on its ability to operate a huge landfill safely and responsibly. The officials and, even more so, local environmental leaders remained skeptical, though—until marketing representative Ben Haley came to town DERBY WATERS / Staff This is the view looking south from near the top of “Mount Trashmore.” Each day more than 100 trucks travel up the landfill garbage mound to add to the growing size of the garbage heap. and made the case for Addington Environmental. Addington Resources was a successful Kentucky-based mining company that had been trying to diversify, in part through its Addington Environmental unit. Early in the planning, Addington proposed a relatively small regional landfill to serve Wayne, Glynn, Brantley and possibly Long counties in the Mount Pleasant area. Officials began negotiating specific terms with Addington in 1991, and in August of 1992 the Wayne County Solid Waste Authority—formed in 1989 as the Wayne County Resource Recovery Development Authority, with members appointed by the county commissioners—approved an operating agreement with Addington. That same night, the county commissioners voted 4-1 (with Lane in dissent) to approve a host agreement with the Solid Waste Authority. Under the agreement, the county would retain ownership of the property and would receive a host fee for every ton of garbage brought to the landfill. (Since 2005, that fee has been $1.80 per ton.) The county would have to pay full price for disposal at low levels of landfill operation, but the contract included a graduated scale whereby, once enough volume of trash was coming into the county, local governments would be able to dispose of their trash free of charge. In December of 1994, the new landfill opened off Broadhurst Road West, between U.S. 301 and Screven. By then, the company and the county had already started to approve changes to the original contract. For example, the original plans had called for an automated recycling center at the landfill, but prospective landfill customers were unwilling to pay more to operate such a center. (Originally, 75 percent of the waste stream was projected to be diverted into recycling and composting.) As might be expected, JENNIFER LINDELL / Special Solid waste is now being taken to the main landfill area at the right of this photo. Republic Services’ plan for coal ash, though, is to develop new cells to the lower left. the landfill got off to a slow start, but as the years passed, more area governments began taking advantage of the service at Broadhurst. Eventually, the county was not only disposing of its own garbage at no cost, but the host fees were helping pad tight county budgets. Republic takes over In December of 1996, Republic Services bought Addington Resources. In 2002 Republic bought the 902-acre landfill property itself from the Solid Waste Authority—for $10. And then Republic quietly began buying up additional property in the area, adding 517 acres in 2004 and 834 acres in 2008. Meanwhile, some of the original restrictions had become looser. Back when the landfill was struggling to turn a profit, for example, limiting garbage to the immediate area was threatening the needed growth of the fledgling enterprise. In fact, with Florida and South Carolina so close, even limiting garbage to the state of Georgia might have hindered the landfill’s long-term viability. If anyone questioned whether trash might eventually come in from farther away, the answer was that household garbage from one state doesn’t differ markedly from household garbage from another state. When Republic took over the landfill here, the transfer was relatively low-key. The idea was that Republic would keep operating the landfill essentially the same way as Addington had done up to that point. And according to a Republic Public Relations representative, even today—with annual tonnage into the landfill between 420,000 and 660,000 tons for the past five years “substantially all” of the waste stream into Broadhurst originates in Georgia. Yet when serious environmental accidents occurred with coal ash in other states, Republic was poised to take advantage of the business opportunities that new coalash rules presented. Thus, a shell company for Republic now has a permit application pending for a rail yard that could take in huge amounts of waste—with coal ash specifically mentioned—from other states. That waste would then be transported from the rail yard to the landfill for disposal. The coal-ash conundrum Just as the landfill itself was presented as a solution to an environmental problem, new requirements regarding the disposal of coal ash were presented the same way. And in fact, disposing of coal ash in a lined landfill is, on its face, an environmentally superior way to handle coal ash than the open containment ponds that had caused problems in other states, thereby triggering some of the new regulations. When people in Wayne County learned of the application, though, the question became whether—increased host fees and rail-yard jobs aside—Wayne County should be accepting tremendous quantities of coal ash from the generation of power in other states. In light of water contamination that has occurred elsewhere, local residents wondered about the potential long-term impact on local wetlands, the Floridan Aquifer and even the Altamaha River (via water from Penholloway Creek). And while a lined landfill might be preferable to an open containment pond, some observers wondered whether pro- fessional lobbyists might have had too strong a hand in the U.S. Environmental Protection Agency’s decision to deem coal ash a nonhazardous material—meaning that it could be buried in a solid-waste landfill— when it is known to contain significant amounts of toxic chemicals, such as heavy metals. For its part, Republic denies having any customers lined up for the proposed rail yard. Those of a suspicious turn of mind, though, have noted that the “just-in-case” proposal has seemed quite specific—and costly—for there to have been no conversations with prospective coal-ash customers. Not surprisingly, then, attention has been turning not only to local, state and federal rules that would come into play here but also to the twisting history that led to this point in the first place. One thing seems clear: Back in the early 1990s, no one could have dreamt that the solution to Wayne County’s Subtitle D problem might one day be envisioned as a grand destination for a toxic substance from throughout the Southeast and possibly beyond. Saturday, March 12, 2016 The Press-Sentinel 3 SPECIAL REPORT: COAL ASH When representatives of Republic Services met with county officials recently, they left behind diagrams representing the components of a typical Subtitle D landfill and the proposed rail yard. Above, a diagram of a Subtitle D landfill is on display at the county office. The diagrams were shown to the large crowd of residents who attended an open meeting to discuss the possibility of Wayne County becoming a mega-site for disposing of coal ash. Subtitle D landfill: What does this mean, and how does it operate? By Derby Waters STAFF WRITER The Broadhurst Environmental Landfill is known as a Subtitle D landfill. But what does that mean? The name is from the Resource Conservation and Recovery Act of 1976, which contains a Subtitle D. That portion regulates the management of nonhazardous solid waste. It establishes minimum federal technical standards and guidelines for state solid-waste plans in order to promote environmentally sound management of solid waste. Prior to the passage of the act, garbage collected from a community was typically taken some place close by and dumped into an open pit. No precautions were taken to protect the environment. A Subtitle D landfill is engineered to provide maximum protection for the environment while providing a location for the disposal of nonhazardous waste. The “nonhazardous” wastes include residential and commercial garbage. This type of landfill involves engineering and planning before construction, as well as monitoring and maintenance after it is in place. Another term sometimes used to describe the process is “dry entombment.” The idea is to confine the garbage so as to keep it dry and as removed from the surrounding environment as possible. Construction The construction begins with digging out an area typically from 5 to Robert Williams / Special Jeremy Poetzscher, environmental manager for Republic Services, gestures toward a mound of garbage that covers some 88 acres. Where Poetzscher is standing is the site of a cleanup mandated by the Georgia Environmental Protection Division after heavy metals were detected in the water supply. The cleanup has been completed, but results from monitoring wells around the site are still being reviewed by EPD. 10 acres. The bottom of the area is sloped from the sides toward the center. After the earth is removed and the “cell” is shaped, a layer of clay or semi-impervious earth is laid down on the bottom of the pit. That layer is compressed, and then a liner made of high-density polyethylene is laid over the earthen layer. The polyethylene must be overlapped, and the seams are usually heated to seal the seams and to avoid leakage. The bottom of each cell is typically designed so that the bottom surface of the landfill is sloped to a low point, called a sump. This design provides for liquids to seep to the bottom and then to be collected and removed. Garbage that is dumped contains liquids of all kinds that will seep downward through the soil and other garbage piled below it. In addition, rainfall will percolate through the garbage. All these liquids are drained toward the sump, where they are pumped out or gravityflowed to a holding tank. Called leachate or sometimes “garbage juice,” these liquids collected on the bottom are a witch’s brew of hundreds and sometimes thousands of various chemicals washed from the tons of garbage in the landfill. The leachate is pumped to a leachate tank, where it is either treated on-site or taken to a wastewater-treatment facility for treatment to remove the toxins and chemicals. Operation Most landfills are designed with a mound of garbage over the lined cells as described above. As garbage arrives each day, regulations call for each “layer” of garbage to be covered with earth or some other suitable cover material. The mound is added to as each previous cell becomes filled with garbage and another cell is added. In addition to the leachate, the gases that are created as the garbage breaks down must also be removed. Usually methane and carbon dioxide are the most abundant gases. Gases are removed through collection vents and are piped away from the mound to be sold as an energy supply or are vented and burned. As each cell is filled to capacity, a top liner is placed over the mound of garbage and earth, similar to the liner placed at the bottom of the cell. Then a few feet of earth are added over the top line, and typically grass is planted on that. The idea is that the process “seals the garbage inside the liners and thus provides a “dry emtombment” for the refuse. State regulations call for the groundwater around the garbage heap to be monitored. This is provided through a series of monitoring wells that are placed at regular intervals around the landfill. The Georgia Environmental Protection Division requires that each well must be monitored each six months. When pollutants are discovered in the monitoring wells, the EPD prescribes what methods must be used to arrest the spread of the contamination. Regulations call for the operators of the landfill to remain liable for monitoring and maintaining the Subtitle D landfill for 30 years after the landfill reaches capacity and is closed. Critics Critics of Subtitle D landfills point out that the liners utilized may not prove impervious over time. They point out that using heat to seal seams may weaken the polyethylene. And they say that no one knows how long the bottom liners, exposed to so many corrosive chemicals, will stand up over the years they are supposed to endure. Others point out that vertical leaks may not be indicated in monitoring wells, which are placed at horizontal distances around the landfill. Still others are skeptical that 30 years following closing of these landfills is sufficient time to hold landfill owners responsible for any future problems. 4 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH EXISTING CSXT MAIN TRACK JURISDICTIONAL WETLANDS PERMITTED TO BE DISTURBED (TYP) EXIST ING S 30’ WIDE ACCESS ROAD FROM BROADHURST ROAD SERVICE TRACK. NO. 1 SERVICE TRACK NO. 2 .C.L. RAILR OAD 150’ R /W SERVICE TRACK NO. 3 SERVICE TRACK NO. 4 PROPOSED SEDIMENT POND PROPOSED CONCRETE UNLOADING PAD ISO W LOAD ASTE CO N ING/U NLOA TAINER BETW DING ARE SERV EEN A ICE T RACK S NO. 2&N O. 3 SCALE HOUSE AND SCALES JURISDICTIONAL WETLANDS (TYP) PROPOSED RE-USE TANK WITH SECONDARY CONTAINMENT 40’ WIDE GRAVEL ACCESS ROAD (TYP) (TWO-WAY TRAFFIC) 50’ WETLAND BUFFER (TYP) PROPOSED OFFICE AND PARKING AREA TO LAN DFILL POST-DEVELOPMENT TREE LINE BROA CENT DHUR RAL V ST EN IRGIN VIRO PROPOSED WASH DOWN FACILITY IA PR 2O’ WIDE GRAVEL ACCES ROAD (TYP) (ONE-WAY TRAFFIC) NMEN OPER TIES TAL L A 2O’ WIDE GRAVEL ACCESS ROAD (TYP) (ONE-WAY TRAFFIC) EXISTING TREE LINE PROPOSED CONTACT WATER SETTLING TANKS EXISTING UNPAVED ACCESS ROAD JURISDICTIONAL WETLANDS (TYP) NDFIL L 50’ WETLAND BUFFER (TYP) CONCEPTUAL CENTRAL VIRGINIA PROPERTIES RAIL YARD MASTER PLAN Republic Services is in the planning stages of building a large rail yard adjacent to the Broadhurst landfill to accept trainloads of coal ash and other wastes. Above is a diagram of the proposed rail yard. Company plans to bring coal ash, other waste here First published Jan. 13, 2016 By Derby Waters STAFF WRITER A South Carolina company has applied to the U.S. Army Corps of Engineers for a permit that would allow tons of coal ash to be dumped in Wayne County. With just three weeks left to comment on the plan, apparently nobody in Wayne County has been told of it. Dell Keith, president of the Wayne County Industrial Development Authority, said he has not received any word about the plan and that the Authority is in no way involved in the project. According to Wayne County Administrator Luther Smart, Republic—which operates the Broadhurst Landfill— said it had been contacted by someone interested in possibly shipping in coal ash, but no specifics were provided. The Press-Sentinel has obtained a copy of the request to the Savannah District office of the Corps of Engineers, dated Jan. 4. According to the application, the proposed project site would be 249.8 acres located west of U.S. 301 and south of Broadhurst Road West and 5.6 miles east of Screven. The applicant, Central Virginia Properties of Spartanburg, S.C., has proposed a discharge of dredged material into almost 25 acres of jurisdictional wetlands. It proposes to construct a rail-yard operation including unloading structures, rail-car wash down stations, parking and an office. The rail yard would include four-track yard services with the CSX mainline and an unloading infrastructure capa- ble of servicing train-car gondolas and shipping containers. The property would adjoin the Broadhurst Environmental landfill and be joined by a service road. “Work is planned to commence immediately upon successful issuance of all required permits,” the application stated. The company said that it already has a valid Department of Army permit to discharge material into 5.666 acres of wetland on the northern half of the existing property and to construct a smaller rail yard that would have received a smaller volume of traffic. The company now anticipates a “greatly increased” volume of 100plus rail cars and an increase in tonnage. “Coal Combustion Residuals (CCR) material would be removed from the rail cars,” according to the permit application, and loaded onto dump trucks, presumably to be moved to the Broadhurst Landfill. The application proposes that the rail yard would accommodate the CCR and “other nonhazardous waste streams, including municipal solid waste,” that can be transported via rail to an approved lined landfill for proper disposal. In order to offset the impact to the jurisdictional wetlands, the applicant proposes to purchase wetland mitigation credits from the Wilkinson-Oconee Wetland Mitigation Bank. According to the application, any interested person may request in writing that a public hearing be held to consider the application. Also, any comments about the application must be submitted in writing to the Commander, U.S. Army Corps of JENNIFER LINDELL / Special The Broadhurst Environmental Landfill can be seen in the distance to the north. U.S. Hwy. 301 can be seen just to the right (east) of the CSX railway. Just to the left of the railway, a proposed rail spur would be built by Republic Services. It would stretch from Broadhurst Road south along the track all the way to McKinnon. Engineers, Savannah District, Att; John W. Derinzy, 100 W. Oglethorpe Ave., Savannah, GA 31401-3604 no later than 30 days from the date of the notice (Jan. 4). The application states that the Georgia Department of Natural Resources’ Environmental Protection Division “intends to certify this project at the end of 30 days ….” All coastal projects are filed at the Brunswick DNR office and can be requested from Bradley Smith at [email protected] ov. Any person who desires to comment, object, or request a public hearing is required to do so in writing and to state the reasons or basis of objections—also within only 30 days after the state’s receipt of the application. The application can be reviewed in the Savannah District, U.S. Army Corps of Engineers, Regulatory Division, at 100 W. Oglethorpe Ave. in Savannah. Coal ash causing growing concern First published Jan. 13, 2016 STAFF REPORT The plan to bring tons of coal ash into Wayne County reflects a concern also being voiced in other areas of the state. “Due to recent concerns over coal ash, power companies are being forced to move the material, usually kept in unlined ponds next to coal plants and rivers, to permitted lined landfills (i.e., Broadhurst),” Satilla Riverkeeper Asby Nix told The Press-Sentinel this week. Duke Energy, which was fined $100 million for allowing coal ash to contaminate the Dan River in North Carolina, is looking to transfer coal ash from South Carolina into Banks County in Georgia. (A South Carolina company, Central Virginia Properties, is named as the applicant in a plan to haul tons of the ash into Wayne County.) According to investigations by the Atlanta Journal-Constitution and television station CBS 46 in Atlanta, communities in Georgia are being used as dumping grounds for coal ash being produced in other states. Duke Energy is presently sending its coal ash to a Waste Management lined landfill near Homer and apparently wants to do the same in Banks County. Is that a possible origin for what is being proposed for the Broadhurst Landfill? The application does not indicate the origin of coal ash that would wind up here. Already, Broadhurst Landfill accepts some coal ash from Jacksonville Energy Authority. Georgia Power maintains coal-ash ponds at several sites around the state, and all of the ash that was being sent to ponds must now go to a lined landfill. With the recent flooding in middle Georgia, Altamaha Riverkeeper reported possible coal-ash dumping at Lake Sinclair with overflow into the Altamaha River. The Georgia Department of Natural Resources has since indicated that all discharge into the river is within state guidelines. Duke Energy has more than 30 coalash ponds that must be cleared for the ash to be moved to lined landfills. Nationwide, more than 1,100 such contaminated sites must be transferred. Saturday, March 12, 2016 The Press-Sentinel 5 SPECIAL REPORT: COAL ASH County will ask Corps for public meeting on plan First published Jan. 16, 2016 ❏ What will coal-ash facility mean to Wayne? By Derby Waters STAFF WRITER The Wayne County Board of Commissioners will request a public hearing about a proposed project to bring tons of coal dust and municipal waste into Wayne County. An application being reviewed by the U.S. Army Corps of Engineers seeks approval for a 250-acre rail yard adjacent to Broadhust Environmental Landfield. The plan calls for offloading coal ash to be placed in the landfill. The application caught local officials unaware, and they are now scrambling to find out what the proposal means. County Administrator Luther Smart said Friday morning that he had talked with County Attorney Andy Beaver and had instructed him to send a letter to the Savannah office of the Army Corps, formally asking for a public meeting to learn more about the proposal. Board Chair Kevin Copeland said he was in Atlanta for the opening of this year’s legislative session and the Okefenokee Occasion when he first heard about he proposal. He said that after The Press-Sentinel broke the news in the midweek edition, he learned about it. Copeland said he spoke briefly with representatives from Republic, which owns and operates the landfill here. “I hope that we can meet with them in the next few days and learn more about what this is all about,” Copeland said. The application was filed Jan. 4 by Central Virginia Properties of Spartanburg, S.C. Attempts to learn more about that company have not been successful thus far. However, the application filed with the Corps of Engineers provides basic information as to what the phys- ical operation would entail. Where the coal ash and any other materials would come from is not revealed in the application. Environmental and safety issues are also not included in the application. Maps included in the application show four alternative sites for the location of the operation. The first choice would reach from the Broadhurst Highway south on the western side of the CSX railroad right-ofway. This would encompass part of what was once the town of Broadhurst. This alternative would require 11,736 linear feet of “lead track” to be built. This track would be long enough to accommodate a “full inbound 100-unit train.” In addition, three service tracks would be required to provide room for moving rail cars, maintenance and solidwaste unloading. Track 2 would extend 9,000 feet for storage of cleaned outbound trains. Track 3 would be 6,456 feet long for rail car maintenance and unloading of municipal solid waste. Track 4 would be 8,708 linear feet to provide for unloading onto dump trucks, as well as a wash-down operation for empty cars. The plan calls for the coal combustion residuals (coal ash) to be removed from the cars by excavators and placed into dump trucks. The municipal waste would be in containers, which would be removed from the rail cars with a forklift and placed onto specialized container-carrier trucks. The cleaning station is proposed to consist of wastewater collection trays under and next to the rail cars. From there, the waste water would be collected in three settling tanks, and water from those would be recycled for cleaning additional cars. Water that could no longer be used would be transported to a publicowned treatment works facility (presumably the Jesup wastewater-treatment plant). County meets with Republic Services reps First published Jan. 23, 2016 ❏ What are company plans for coal ash coming to Broadhurst? By Derby Waters STAFF WRITER Representatives of Republic Services were in Jesup Wednesday to explain at least some of the company’s plans for a proposed rail yard at the Broadhurst Environmental Landfill to be used to bring tons of coal ash into Wayne County. Wayne County Board of Commissioners Chair Kevin Copeland said that he had set up a meeting to gather information about the proposal. He said the meeting was to have been a study session with only Copeland and Ralph Hickox, vice chair; County Administrator Luther Smart; and three representatives from Republic, which owns and operates the landfill. Jeremy Poetzscher, environmental man- ager; Timothy Laux, district manager; and a third representative from Republic were at the meeting. The name of the third individual was not available in notes from the meeting, which were provided by Smart. Copeland said that, according to the company men, Republic is opposed to a public hearing on its proposal to build the rail yard. He said the company position seems to be that it is properly licensed to take in coal ash, which is approved by the U.S. Environmental Protection Agency (EPA) as a legal waste stream for lined landfills-such as the one in place at Broadhurst. According to Copeland, he was told that if the Corps agrees to a public hearing, the only matter under its purview would be construction of the rail yard and the impact on wetlands at the site. Copeland said Thursday that he had talked with representatives from U.S. Rep. Buddy Carter’s office about the congressman’s commitment to have the Corps schedule a public hearing on the proposal. Copeland said that while that effort is under way, he is also seeking a meeting with the Georgia Environmental Protection Division so that local elected officials and the public can learn about the laws and regulations involved in handling wastes such as coal ash. Copeland said the men stressed that Republic does not have a customer to provide coal ash at this time. The company representatives said that the proposal for the rail yard is merely preparation to allow it to take in coal ash under new regulations from the EPA, according to Copeland. “No final decisions have been made, but the landfill is responsibly taking steps to prepare for the possibility of accepting coal combustion residuals (CCRs) and municipal solid waste (MSW) by rail,” Smart quoted the company representatives as saying. Copeland said the men told him and Hickox that the company would soon put up a website and would provide more information about the plans and also answer questions from the public. The company said that if the plans are fully implemented, as much as 10,000 tons of coal ash could be brought into the landfill each day, Copeland reported. He said the company pointed out that at that rate, there would be a substantial increase in host fees paid to the county and numerous additional jobs to be filled at the Broadhurst site. The local officials also learned that the company listed on the application seeking the permit from the Corps, Central Virginia Properties, is a subsidiary of Republic. That company lists Spartanburg, S.C., as its place of business. The website for Republic Services does not list a city or state for its home office. It does provide the following description of its growth and operations: “Republic Services, Inc. was incorporated in 1996 with a ‘can do’ spirit, driving its dramatic growth and acquisitions through the years, welcoming other organizations that share its values and fiduciary discipline. Today, Republic Services, Inc. is the second largest provider of services in the domestic non-hazardous solid waste industry, as measured by revenue, as well as a Fortune 500 company, publicly traded on the New York Stock Exchange (NYSE: RSG). “Through our subsidiaries, we provide non-hazardous solid waste and recycling services for commercial, industrial, municipal and residential customers. Our customers come first as we strive to safely and sustainably provide re- liable service through 338 collection operations, 200 transfer stations, 193 active solid waste landfills and 66 recycling centers and 69 landfill gas and renewable energy projects across 39 states and Puerto Rico. Republic Services, Inc. is a holding company and all operations are conducted by its subsidiaries.” Copeland called The Press-Sentinel after the Wednesday meeting and said he has asked the representatives from Republic to meet with local media to tell the company’s plans. As of press time, no one from Republic has set up such a meeting. He also said that after the meeting had begun, the group was joined by Commissioner Boot Thomas. The presence of the third commissioner constituted a quorum and changed the study session into an illegal meeting. Copeland apologized, saying that Thomas had not been expected. County seeks more info on coal ash First published Jan. 27, 2016 By Derby Waters STAFF WRITER The Wayne County Board of Commissioners was faced with more questions than answers about the coal-ash issue as members prepared to meet Tuesday night in a called work session and public hearing. The commissioners were hoping to learn more about a proposal to construct a large rail yard at the Broadhurst landfill. If approved and built, the facility could mean that coal ash would be brought into the landfill—by train-car loads. According to an application before the U.S. Army Corps of Engineers, the proposed project site would be 249.8 acres located west of U.S. 301 and south of Broadhurst Road West and 5.6 miles east of Screven. The applicant, Central Virginia Properties of Spartanburg, S.C., has proposed a discharge of dredged material into almost 25 acres of jurisdictional wetlands. Interference with the wetlands mandates approval by the Corps of Engineers. The company proposes to construct a rail-yard operation including unloading structures, rail-car wash-down stations, parking and an office. The application to the Corps notes that, if approved, work on the rail yard would begin at once. In a meeting with representatives of Republic, owner and operator of the landfill at Broadhurst, county commissioners learned last week that Central Virginia Properties is a subsidiary of Republic. Billy Birdwell, public relations specialist for the U.S. Army Corps of Engineers office in Savannah, said that office would take public comment on the proposal through Feb. 3. Birdwell said that the Corps is concerned only with the proposal to build a rail yard at Broadhurst. The operation of Broadhurst Landfill and what Republic plans to receive as solid waste is not a matter for the Corps to rule on, Birdwell said. “We have nothing to do with a permitted landfill,” Birdwell said. Meanwhile, County Board of Commissioners Chairman Kevin Copeland said that he has spoken with Mark Williams, Georgia commissioner of the Department of Natural Resources, and was assured that the state Environmental Protection Division (EPD) would hold a public hearing on the concerns of local residents. A date for a meeting with the EPD had not been determined as of press time, and a decision on requests for a public hearing with the Corps of Engineers will not be made until after the Feb. 3 public-comment period. Birdwell said that typically the Corps does not have public hearings on applications. He said the only reason the Corps would have such a meeting would be in a case where the Corps needs more information to make a deci- sion on a permit application. Birdwell said that comments submitted to the Corps are generally not taken via email but only by letters sent by standard mail. The address to send comments and requests is Commander, U.S. Army Corps of Engineers, Savannah District, Att: John W. Derinzy, 100 W. Oglethorpe Ave., Savannah, GA 314013604. The Press-Sentinel has contacted Republic in an attempt to meet with company representatives. The company has not responded to those requests. 6 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH Wayne County Board of Commissioners Chairman Kevin Copeland led the meeting that was designed to give the community more information of the proposed landfill project and to gather comments from the community. Screven's Newton Sikes spoke during the meeting of his concerns for the project, offered his help and suggested several governmental sites for the county to review. Photos by Eric Denty Darrell Beasley has worked for years in the power-generating industry and told those gathered of the dangers he experienced every day working in and around coal. Deadline for comment extended Corps will meet here on rail spur First published Jan. 30, 2016 By Derby Waters STAFF WRITER The U.S. Army Corps of Engineers, Savannah District, has agreed to attend a public meeting on a proposed construction of a rail yard adjacent to Broadhurst Environmental Landfill. The action was requested by U.S. Sen. David Perdue, U.S. Rep. Buddy Carter, the Wayne County Board of Commissioners and others. Kevin Copeland, chair of the Wayne County Board of Commissioners, said that he was contacted Wednesday by David Lekson and Sherelle Reinhard, permitting chief of the District office, and told that the Corps will attend a public meeting to be scheduled for sometime in mid-March. The date and meeting site will be announced in coming days. Although the Corps will have representatives here to listen to concerns, no actual public hearing will be conducted—only a public meeting. Notice of that meeting was followed Thursday with an e-mail to The Press-Sentinel from the Corps that the public comment period regarding the application for the rail yard has been extended to March 4. What was made clear at a Tuesday-night called meeting of the commissioners was that the public wants that meeting with the Corps and that the commissioners’ meeting room will not be large enough to hold the interested public. An overflow crowd was on hand Tuesday to learn more about the proposal to build a large rail yard at the landfill to allow Republic Services, Broadhurst Environmental’s owner, to ship tons of coal ash to the lined landfill. Commissioners Copeland, Mike Roberts and James “Boot” Thomas were present for that meeting, and Commissioner Ralph Hickox attended via Skype. Commissioner Jerry “Shag” Wright was ill and unable to attend. Copeland explained that the commissioners are attempting to learn all that they can, having been alerted to the proposal two weeks ago by an article in The Press-Sentinel. “We stand to become the dump site for the whole East Coast,” Hickox said. He said he would introduce a resolution at Monday night’s regular Board of Commissioner’s meeting opposing the plan. Several members of the large audience A large crowd packed the Wayne County commissioners’ meeting room to express concerns and gather more information on a proposal by Republic Services to build a rail yard adjacent to the Broadhurst Landfill and bring in tons of coal ash and other wastes. spoke in opposition to the idea, and no one voice approval. Dink NeSmith, chairman of the board of The Press-Sentinel, said that Republic had done a textbook case of “tiptoeing” by the public and elected officials with this plan. He said he loved Wayne County for its people and its natural resources. “I hope we won’t do this,” he said. Darrell Beasley, who worked on power plants that burn coal (which results in coal ash), said that those plants posted warnings about the danger of the toxic ingredients in the ash. “Cancer-causing arsenic present,” he said one of the postings warned. “All we had to go by was the law. I feel like EPA and EPD have let us down on this,” John A. Flowers, former chairman of the Wayne County Solid Waste Authority, said. Dell Keith, president of the Wayne County Industrial Development Authority, said that he and board members were doing their homework just like everybody else. “We want to bring in jobs, but we want the right kind of industry,” Keith said. When asked whether the various local officials and agencies were united, Keith said that the IDA would stand with the county commissioners. Copeland asked the commissioners to speak for themselves, and Hickox said he was definitely opposed. Mike Roberts said that he was trying to learn. “I can’t see where we can do anything but fight it,” Roberts said. Thomas seemed the least inclined to oppose the plan outright. “My theory is to get all the facts before I make a decision. My position is that I will represent my constituents. If they don’t want it, I will be against it,” he said. “I would love to have the money to come into the county—but at what cost?” Copeland said. “As of right now we are working with little information. I stand with you against it,” he said. Copeland said later this week that he had had been assured by Reinhardt that no permit would be granted for the proposed rail yard until after the public meeting in March. She said there were questions about the wetlands and “a lot to look into,” according to Copeland. In response to questions from The Press-Sentinel, Billy Birdwell, public-relations specialist for the Corps, wrote that public hearings are not normally conducted. “We hold public meetings only in those circumstances where we believe we will receive information not available through other means. The purpose of a public meeting would be for us to gain more information, not simply to hear pros and cons of a particular application. Therefore, we rarely hold public meetings. The Corps is only evaluating the construction of a rail yard, not the purpose of the rail yard or the use of a preexisting landfill permitted by the state. The landfill is regulated by the state and the EPA, not the Corps,” Birdwell wrote. He also shed some light on the reason that local officials were caught off guard by the application from Republic. No public notices were received at any of the local governmental offices nor by the legal organ of the county--The Press- Sentinel. “We no longer publish in the county publication of record. We only publish to contacts who have signed up on our public-notice notification list and to those adjacent landowners identified by the applicant,” Birdwell explained. Readers who would like to sign up for notification of permit applications can do so by going online to http://www.sas.usace.army.mil/Missions/Regulatory/PublicNotices.aspx. Though Republic has yet to provide any information to The Press-Sentinel, the company is making an effort to make its case to some of the concerned groups in the area. The Satilla and Altamaha riverkeepers both submitted questions to Republic concerning the rail yard plans and the landfill. In a reply to those questions, Republic denies that the wetlands will be affected by its plans. “Coal Combustion Residuals (CCR) would absolutely not be deposited directly in any wetlands on the Central Virginia Property as part of the rail development. Fill material placed as part of the rail siding would be composed of native on-site soils. As referenced in the pending wetlands application, any CCR received at the rail siding yard would be offloaded into haul trucks and taken to Broadhurst Environmental Landfill for ultimate disposal,” Jeremey C. Poetzscher, environmental manager for Republic, wrote. As a result of all the concern over the coal-ash issue, the Wayne County Solid Waste Authority has set a meeting for Monday at 4 p.m. at the county commissioners’ meeting room. County permit is required to disturb wetlands First published Feb. 3, 2016 By Derby Waters STAFF WRITER Before Republic Services can build a rail yard at Broadhurst, a permit from the Wayne County Board of Commissioners is required. That was the word from County Attorney Andy Beaver at a meeting of the Wayne County Solid Waste Authority Monday afternoon. A county ordinance adopted in 2000 requires that a permit has to be granted by the county commissioners before any wetlands can be disturbed. That ordinance was made public after investigation by The Press-Sentinel, and Beaver said Monday that the ordinance is in effect. Board of Commissioner Chair Kevin Copeland said that he had been told by Beaver that if Republic is granted a U.S. Army Corps of Engineers permit to proceed with its plans for a rail spur, the company must then apply to the county for a permit before it can proceed. The spur would allow trains of garbage and tons of coal ash to be brought into Wayne County from anywhere in the nation. Copeland was one of two county commissioners present for the meeting of the Waste Authority. Representatives from Republic Services of Georgia were also on hand for ❑ See PERMIT, Page 7 DERBY WATERS / Staff Jeremy Poetzscher, environmental manager for Republic, answers a question during the Monday meeting of the Solid Waste Authority of Wayne County. Saturday, March 12, 2016 The Press-Sentinel 7 SPECIAL REPORT: COAL ASH Republic amasses 2,000-acre dump site First published Feb. 3, 2016 ❑ Expansion of landfill has been years in making By Derby Waters STAFF WRITER Wayne County Solid Waste Authority member Rob Patton said in a Monday meeting that in his opinion the operation of the Broadhurst Environmental landfill now and the plans for its future are “so far from where we started.” In fact, the size and scope of the landfill today and the latest plans to drastically increase the volume of materials received there are acres and tons apart from the early days of the business. As Patton put it, there are now circumstances that were never planned for (by the Authority). The Authority may not have planned for it, but it would appear that plans were developed years ago by Republic and that those plans are continuing to be perfected. The history of change at what was once a relatively small area landfill includes growth never envisioned by the local board. Before Republic, there was Addington. In those early days Wayne County took on what surrounding counties did not—the construction and operation of a regional landfill on a 901.9-acre tract near what once had been the small hamlet of Broadhurst. In 1996 Republic Services Inc. was founded and by 2008 had grown into the second largest waste-management company in the nation. According to its website, the company has more than 30,000 employees and operates in 39 states. Meanwhile in Wayne County, the business model for Addington was proving difficult, and the former mining company agreed to sell its assets to Republican. Waste from surrounding counties was being brought into Wayne County in increasing quantities. By 2006, the landfill was a viable working landfill that seemed successful for Republic and for Wayne County. Local leaders such as then county administrator Nancy Jones were sounding the praises for the operation. “It has been one of the best moves this county has ever made,” Jones told a Florida newspaper reporter. The landfill was taking in refuse from 20 area counties, and a newspaper article included an ominous notice of things to come. “Still others come with loads of fly ash from JEA,” the article noted. Jones touted the foresight of the board of commissioners in landing the business, which was generating $1 million a year in host fees. It seems everyone was euphoric over the success of the landfill. The county was making money and residents of the county’s municipalities were not being charged for disposal of their household garbage. But county records show that Republic was not satisfied with the original landfill it had acquired. And quietly the company began to add acreage to its holdings. In 2004 two purchases were made from private individuals who owned property near the landfill. Apparently the company saw value in the acquisitions and shelled out more than $1.5 million for 517 acres. Then in 2008, Republic paid more than $4 million and added 834 more acres. In fact, the land purchased in 2004 was done in the name of Central Virginia Properties (CVP). More than a decade later it was that name, not Republic, that was used to request a permit to build a large rail spur that, if built, will make it possible to ship whole trainloads of garbage and coal ash into the local landfill. The property of the company has been expanded to more than 2,200 acres today, though not all of that is permitted as a landfill. Any designation for a landfill will require additional permits, though an article in the Atlanta Journal-Constitution stated the company plans to expand its “waste footprint” from 260 acres to 1,100 acres. While the company was adding to its land holdings, it was subtracting language not to its liking in agreements with the county waste authority. Republic renegotiated its agreements with the Solid Waste Authority in April, 2005. And in those agreements, the Authority granted changes in the language that now become evident to the company’s permit application and its plans for growth. For instance, a former volume limitation on the total tonnage that could be taken in at the landfill was completely eliminated in a newly accepted Host Agreement. In the Operations Agreement between Republic and the Waste Authority, the Authority agreed to cooperate with Republic in obtaining permits and approvals for “the expansion of the Landfill and ancillary facilities proposed by Republic.” And the Authority agreed not to adopt any regulations or requirements “more stringent that those required by federal or state law,” language that is directly re- flective of the eventual Environmental Protection Agency’s (EPA) ruling on coal ash. Perhaps more telling, the meaning of the term “facilities” was altered to mean the “property and all facilities ancillary thereto, including any rail siding or other rail facility utilized for the shipment and handling of waste transported by rail from within the approved area.” Before that change, the agreements read “the property, and all facilities ancillary thereto.” The meaning of “approved area” was changed to mean “the geographic area consisting of all of the incorporated and unincorporated areas of the State of Georgia and any other state.” That was a significant change from the former agreement, which listed the approved area as “the incorporated and unincorporated areas of the state of Georgia and states contiguous to Georgia.” With these changes in place and with the additional property, the company was prepared to take advantage of the EPA ruling that coal ash is a nonhazardous material and thus can be dumped into lined landfills such as the one at Broadhurst. That ruling was made in October, 2015. Just two months later, on Jan. 4, 2016, Republic filed for a permit to build a facility at Broadhurst that can handle up to 10,000 tons of coal ash per day and entire trainloads of other waste. When the request for the permit was revealed, the plans for a huge expansion and the possibility of becoming the “dump for the entire East Coast” caught the community and local officials off guard and unprepared to challenge the application. “That plan is gone,” member Dan O’Neal commented, saying the landfill would fill much sooner if the company brings in tons of coal ash. “It ain’t right for Wayne County to take other people’s coal ash,” Wright added. “Water quality is the real issue. We’ve got to protect our aquifer,” Bobby Townsend said. Townsend chaired the meeting, saying it was called so the members could discuss the coal-ash issue and determine what stance it might want to take. He said that the Republic representatives were there to answer any questions or concerns the Authority might have. “I don’t think these people [Republic] care what we think about it,” member Frank Ross said. Poetzscher said the company is listening to residents’ concerns. “We understand that we didn’t get information out front,” he said. He added that the company is working on a website to get information before the public. Asked what will happen to the landfill once it is filled, Poetzscher said that Republic would continue to manage and monitor the site for 30 years and would own it in perpetuity. One member of the public asked how a leak in the landfill would be detected, and, if it leaked, what would be done to contain the spill. Poetzscher said that the company is required to monitor the water table each six months. He said that if a leak were detected, the company would follow EPD/EPA guidelines to address any specific problems. The man then asked Poetzscher whether it would kill him if he drank a glass full of coal ash. “I wouldn’t recommend it,” Poetzscher replied. Townsend asked what is being done with the leachate collected from the landfill at present. Poetzscher said the leachate is collected and taken to the Waycross city wastewater treatment plant. Asked by member Rob Patton whether coal ash contained radioactive material, Poetzscher deferred, saying he “could not speculate on that.” Patton said that in his opinion the operation of the landfill now and the plans for the future are “so far from where we started.” He said there are now circumstances that were never planned for (by the Authority). Townsend asked that Republic provide quarterly written reports of how many tons are taken in and from where. He was assured that the information would be provided and that the company had been making reports. Townsend said that, if so, he had never seen any reports. He said that all he was familiar with were verbal reports. The Authority voted to write a letter in support of the county commissioners’ efforts to hold a public meeting with the U.S. Army Corps of Engineers. PERMIT Continued from page 6 that meeting and fielded questions from the public and members of the Authority. Jeremy Poetzscher, environmental manager for Republic, told those present that the landfill at Broadhurst had received some 800,000 tons of coal ash from Jacksonville Electric Authority between 2006 and 2014. Asked why the company stopped receiving the material, Poetzscher replied that the company knew that environmental regulations were about to be changed and the company was preparing to be ready for whatever changes were mandated. Authority member and County Commissioner Jerry “Shag” Wright said the landfill had originally been built so that the residents of Wayne County would have a place for household garbage for years into the future. “We will run out of air space if you bring in all this coal ash,” he said. Poetzscher said that “at current levels,” the landfill is projected to last another 90 to 100 years. If you have concerns about coal ash being shipped to Wayne County, send your comments and concerns to: •Sen. Tommie Williams ([email protected])— 148 Williams Ave., Lyons, GA 30436 or 110-B State Capitol, Atlanta, GA 30334. His telephone numbers are 912-526-7444 and 404-656-0089. •Rep. Chad Nimmer ([email protected])—P.O. Box 1174, Blackshear, GA 31516 or 113 State Capitol, Atlanta, GA 30334. His telephone numbers are 912-807-6190 and 404-6517737. •Rep. Bill Werkheiser ([email protected])—P.O. Box 27, Glennville, GA 30427 or 411-E Coverdell Legislative Office Building, Atlanta, GA 30334. His telephone numbers are 912-654-3610 and 404-656-0126. •Gov. Nathan Deal (e-mail address unavailable)—206 Washington St., Suite 203, State Capitol, Atlanta, GA 30334. His telephone number is 404-656-1776. •Rep. Lynn Smith ([email protected])—228 State Capitol, Atlanta, GA 30334. Her telephone number is 404-6567149. (Smith is chairman of the Natural Resources and the Environment Committee for the House. Also, she is also a graduate of Wayne County High.) •Sen. Frank Ginn ([email protected])—121-I State Capitol, Atlanta, GA 30334. His telephone number is 404-6564700. (He is chairman of the Natural Resources and the Environment Committee for the Senate.) •DNR Commissioner Mark Williams ([email protected])— 2 Martin Luther King Jr. Drive S.E., Suite 1252—East Tower, Atlanta, GA 30334. His telephone number is 404-656-3500. •Georgia EPD Commissioner Judson H. Turner (Office refused to give out his e-mail address.)—Environmental Protection Division, 2 Martin Luther King Jr. Drive S.E., Suite 1456—East Tower, Atlanta, GA 30334. His telephone number is 404-6575947. •U.S. Army Corps of Engineers, Savannah Division Attn.: John W. Derinzy 100 W. Oglethorpe Ave. Savannah, GA 314013604. •Michael Jon Ward, Chairman of CSX, 500 Water St. 15th floor Jacksonville, FL 32202, 904-359-3200. •Don Slager, President of Republic Services Inc. 18500 Allied Way Phoenix, AZ 85054, 480-627-2700. 8 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH Toxic metals escape into groundwater at Broadhurst First published Feb. 6, 2016 ❏ No county officials informed of leakage By Derby Waters STAFF WRITER Toxic heavy metals found in coal ash have been detected at levels above drinkingwater standards in local groundwater around Republic Services’ Broadhurst Environmental Landfill. Increased levels of beryllium and zinc were detected in monitoring wells in December, 2011, according to records of the Georgia Environmental Protection Division (EPD). Other toxic heavy metals have also been detected in excessive amounts. The EPD has determined that the increased levels of heavy metals could not have come from the soil, according to a statement made to Republic in 2013 and cited by the Atlanta Journal-Constitution (AJC) Friday. Chip Lake, a public-relations consultant for Republic, denied that a spill occurred. “There has not been a spill at Broadhurst Landfill,” he told The Press-Sentinel Friday afternoon. “Broadhurst is currently working with EPD to respond to limited impacts that were detected in shallow groundwater and were confirmed to be limited to a small area of the site. “All of the work has been performed in coordination with EPD, under state requirements and guidelines. We will continue to cooperate with EPD until it confirms that any impact has been addressed.” Although the EPD was aware of the apparent leakage, no local officials or agencies were aware of the problem, nor did any local agencies receive notification of it. “It makes me mad, frankly, that they had something spill into our environment and we didn’t know about it,” Kevin Copeland, chairman of the Wayne County Board of Commissioners, said. Copeland first learned of the incident from Dan Chapman, a reporter with the AJC. Both shared information with The Press-Sentinel. Republic had reported earlier that it took in as much as 800,000 tons of coal ash from Jacksonville Electric Authority (JEA). Jeremy Poetzscher, environmental manager for Republic, said that the company took the material in from 2006 until 2014. Charles Heath, who was Broadhurst operations manager at the time, said in a 2006 news article that the company used the material for “stability” of its growing mound of garbage. It was also in 2006 that the company was issued a permit for horizontal expansion for additional cells and “solidification.” Solidification and stabilization are methods to slow the release of harmful chemicals such as are found in coal ash and involve creating a “sludge” of such materials. In this case, coal ash was apparently mixed with dirt, sawdust and other materials, and then the mixture was placed in the mound of other refuse at Broadhurst. It is uncertain whether the contamination occurred during the solidification process itself or when moving the material to the lined portion of the landfill. The AJC account stated that Penholloway Creek was less than two football fields away and that wetlands were half that distance from the solidification pit. The company reported to the EPD on April 2, 2012, that wells WC-40S and SWC41S detected levels “of beryllium and zinc above regulatory standards.” Those two particular monitoring wells were put down in June and July, 2009, but the beryllium was not detected until two years later. Poetzscher told a meeting of the Wayne County Solid Waste Authority that wells are monitored every six months in order to meet the EPD requirement. So does this mean the leakage could not have occurred before the time the wells were put in place? No. In fact, it could well have happened earlier. “It takes a period of time for the contamination to migrate to and through the subsurface to these monitoring wells,” according to a statement from the EPD. “There isn’t any way of determining when the beryllium reached the soil or groundwater until it is detected by the groundwater monitoring system wells,” stated an EPD reply to questions about the leakage. Poetzscher did not mention the leakage in connection with the company’s decision to stop taking coal ash from the JEA. He said that decision was made because the company was positioning itself for anticipated changes in its business. Noticeably, however, the company stopped receiving coal ash in 2014 and also discontinued its solidification process in March, 2014. Poetzscher said in a meeting with the Wayne County Solid Waste Authority just this past week that the company had taken in coal ash from the JEA and had experienced no problems. Now that seems not to have been the case. According to the EPD records, the cleanup at the Broadhurst Landfill is continuing. The AJC story noted that remediation has included “destroying the solidification structures, scooping out three or more feet of soil surrounding the buildings and sinking a number of new monitoring wells—last fall.” A consulting firm working on the cleanup noted in a report in 2015 that “beryllium and cadmium exceeded Georgia drinking water standards.” The report continued, “Arsenic levels in the soil ‘slightly exceed’ the standards. More recent reports indicate that the heavy metals are now ‘below detection levels.’” Sarah Barr, a geologist with the EPD, indicated to the AJC that she is “generally satisfied’’ with the progress of the cleanup. “We’ll just have to see if it’s going to correct the problem,” she said. Decade-old agreements hinder fight over coal ash First published Feb. 13, 2016 By Derby Waters STAFF WRITER The Wayne County Board of Commissioners cannot oppose or impede in any way the plans of Republic Services to bring trains filled with coal ash to its Broadhurst Landfill facility. According to County Attorney Andy Beaver, two intergovernmental agreements from 2005 not only tie the hands of the Board but could also provide a method that Republic might be able to invoke to stop paying host fees to the county. Host fees paid to Wayne County at today’s tonnage amount to some $750,000 each year. In a work session Tuesday, representatives of the County Board of Commissioners and the Jesup City Council met to discuss Republic’s plan to build a rail spur to receive coal ash and garbage at Broadhurst. Board of Commissioners Chair Kevin Copeland said that he has been inundated with calls and has gone as far as he knows how to go at this point. “I am to the point that I don’t know what else to do and what we should do next,” Copeland explained. His dilemma seemed to be shared by other elected officials who oppose the plan but now feel they can’t put up a strong fight against Republic. Several said they have heard more opposition to Republic’s plan than any controversy they can remember. Ralph Hickox said it was “unbelievable” that the county is bound by the agreements signed by officials a decade ago. He expressed dismay that the documents block today’s elected officials from being able to take steps to protect the community. He said he could not believe that officials back then had signed off on agreements that gave such concessions to Republic. Beaver said that though the commissioners’ hands are tied as a body, there is nothing to prevent other elected or appointed bodies from doing whatever they wish to object to Republic’s plans. He said the commissioners as individuals also are not bound by the agreement to assist Republic in its expansion plans. He said the agreements only affect the Wayne County Board of Commissioners and ▼▼▼ A public meeting with the Army Corps of Engineers has been set for March 16 at 7 p.m. at Coastal Pines Technical College auditorium the Wayne County Solid Waste Management Authority as signing parties to the 2005 agreements. Copeland told the group that a date has been set for a public meeting, which representatives of the U.S. Army Corps of Engineers will attend. Later in the week, Copeland said that he had been contacted by Jeff Cown of the Georgia Environmental Protection Division (EPD). He said EPD refuses to send anyone to Wayne County for the public meeting. Copeland said the meeting will take place March 16 at 7 p.m. The location of the meeting has yet to be set but is expected to be announced next week. Copeland suggested that the county contribute its attorney’s time and that the city donate its attorney’s time so that the lawyers could explore the legal options available. Jesup Mayor David Earl Keith and Jesup City Manager Mike Deal agreed to that arrangement. Others attending the meeting were Jesup Commissioners Bobby Townsend and Ray House. Rob Patton from the Solid Waste Authority was also on hand. Agreements At the heart of Beaver’s opinion are two documents signed in 2005. The agreements with Republic basically “gave away the farm,” according to County Administrator Luther Smart. A Second Amended and Restated Host Agreement between Wayne County and the Wayne County Solid Waste Management Authority, dated April 19, 2005, provides Republic carte blanche control of the operation of the landfill and bars local governments from any actions to prevent its growth or any limitations on what it brings into the county or where it comes from. “The County agrees to cooperate with the Authority and the Operator in connection with development and operation of the facilities, including … the development and operation of the expansion of the Landfill proposed by Republic,” reads a paragraph entitled “Cooperation with Authority and Operator.” The agreement also acknowledges that “the county’s obligations under this agreement shall be binding upon all future County boards or other governing bodies during the term of this agreement.” Another paragraph states that “the County has determined that it is in the public interest of the citizens of the county to enter into this agreement.” How that “public interest” is served was not stated, nor does the agreement indicate whether any public meetings to measure the public’s input were conducted. Under a paragraph entitled “Zoning,” the County agreed that “no zoning law or any other land use law or restriction exists under the laws and ordinances of the county … which would restrict or prohibit establishment and operation of the facilities and properties.” That agreement, however, appears to be in conflict with a 1995 Wayne County Soil Erosion and Sedimentation Control Ordinance. In that ordinance’s Section 16-56 are the wetlands protection regulations. Paragraph (e) states, “Prohibited uses. In compliance with the Georgia Rules for Environmental Planning Criteria, the following uses are prohibited entirely and no permit shall be issued for them: Receiving areas for toxic or hazardous waste or other contaminants.” Some have read this to mean that the wetlands ordinance would prohibit the county commissioners from issuing a county permit because a rail spur built to receive coal ash and other household and commercial garbage could be deemed to be a “receiving areas for toxic waste.” The agreement provides that if one section is found to be in violation of law, that portion of the document can be considered without changing any other portion of the provisions. This agreement sets the fee of $8.80 per ton for commercial wastes from the county and city (which since has been increased) and host fees of $1.80 per ton to be paid to the county (which cannot be increased without agreement by Republic) except for “general solid waste” (Wayne County’s trash), which is not included in payments to the county. Terms of this agreement extend to at least Oct. 22, 2031, or to whenever the landfill no longer has any disposal capacity. The agreement also states that, “if the proposed expansion of the landfill contemplated here … is permitted and developed by Republic, then the term of this agreement, without further action of the parties or further amendment to this agreement, shall be extended to Oct. 22, 2054 ….” It is in the terms of the Operations Agreement between the Solid Waste Authority and Republic that the restrictions placed on the local government are further spelled out. “The Authority agrees to cooperate with Republic in obtaining all permits, licenses or approvals necessary for the development, construction, expansion and operation of the facilities,” the document reads. Also included are even further restrictions on local officials. “The Authority agrees not to take any action or sponsor any law, ordinance, regulation or restriction mandating any requirement for the development, maintenance, expansion, operation of closure of the facilities that conflicts with or is more stringent than those required by federal or state law or by the terms of this agreement.” Beaver explained that, in his opinion, were the County Board of Commissioners or the Solid Waste Authority to take steps to block the rail spur proposed by Republic, that could be construed as a breach of the agreements. In that event, Beaver said, the county could stand to lose the host fees Republic now pays the county. City funds research for rail-spur site First published Feb. 13, 2016 By Derby Waters STAFF WRITER The Jesup City Council has voted unanimously to help fund research into the possible effects of dumping tons of coal ash into the Broadhurst Landfill. In a called “emergency meeting” Friday morning, the Council considered a report from City Attorney Mike Conner on possible next steps for the city to undertake if the members are so inclined. Mayor David Earl Keith explained that he had instructed Conner to prepare information for the commissioners following an agreement Tuesday night between city and county representatives. (See story on page 1A.) Keith said that time is of the essence before the March 4 deadline to make comments to the U.S. Army Corps of Engineers. That is the last day to enter comments into the record in regard to an application by Repub- lic Service to build a rail spur at the landfill. That was the reason for calling the emergency session. Conner sent a comprehensive letter to the commissioners with information about the controversy. He outlined possible steps the city might take were it to engage in the issue. He told the Council that the letter had been vetted by environmental attorneys engaged by a third party, and they had approved of Conner’s findings. “To involve in the process now, you use science to present findings of fact to the Corps,” Conner said. He said he estimated the cost to the city to hire scientific consultants to gather the facts to be approximately $5,000 to $7,000. Commissioner Ray House said that in his 20 years in government he has never seen an issue “that the whole community is opposed to.” “People are as upset about it as I have seen,” added Commissioner Bobby Townsend. “It is my honor to make a motion that we spend what it takes to have qualified people to get us the science to stop this from happening,” Commissioner Bill Harvey said. That was quickly followed by a second from Commissioner Don Darden. All six commissioners voted to approve the expenditure. Wayne County Board of Commissioners Chair Kevin Copeland spoke to the Council about the county’s involvement. “I just want to clarify that right now we don’t know what the county will do. We have been told by the county attorney that if we take any action, it could render the contract with Republic as void,” Copeland said. “I don’t think they knew what they were doing,” Copeland said of the members of the County Board of Commission and the Solid Waste Authority who signed on to the 2005 agreement that now limits opposition to Republic’s ambitions. “Pardon my language,” Copeland said, “but it’s as piss-poor a contract as I have ever seen.” House supported Copeland’s contention in an earlier statement about the 2005 agree- ments. “Those contracts are as bad as anything I have ever seen,” he said. Conner said that the agreements not only limit what the county officials can do but actually asserts that a third party’s objection to Republic’s permit application could be sufficient for Republic to revoke the agreements. In those worst case conditions, Republic would still own and operate the Broadhurst Landfill but could pay no host fees to Wayne County and could even charge Jesup and Wayne County for residents’ garbage. “All citizens could have to pay higher fees to Republic. Taxes will go up. If people want to do this [fight the permit], we will do what we need to do,” Copeland told the group. House suggested that a possible sit-down meeting with representatives of Republic might be helpful. “At this point nobody is suing anybody. I would like to sit down with Republic and see if they can tell us anything,” he said. Saturday, March 12, 2016 The Press-Sentinel 9 SPECIAL REPORT: COAL ASH The lines that bind Minutes show no officials challenged ’05 documents First published Feb. 17, 2016 By Derby Waters STAFF WRITER County records show that two agreements at the center of the controversy over coal ash were presented to those who signed off on them as little more than updated payment agreements. Referred to with derogatory terms such as “junk,” “the worst ever seen” and even “piss-poor,” the documents provide the legal agreements under which Republic Services operates its Broadhurst Landfill. Now that Republic is planning to bring trainloads of garbage and coal ash to the landfill, the two agreements have become central to an effort to thwart the company’s plans. In April of 2005, two agreements from 1994 were updated and signed by members of the Wayne County Board of Commissioners and members of the Wayne County Solid Waste Authority. In a Host Agreement, the county commissioners agreed that the contract would stay in force as long as Republic operates the landfill. In the Operations Agreement, the Solid Waste Authority agreed to assist Republic in enlarging the landfill by accepting refuse by rail from anywhere in the continental United States. Now those agreements are seen as “tying the hands” of the present Board of Commissioners and members of the Solid Waste Authority. In fact, County Attorney Andy Beaver has asserted that if either board works to prevent Republic from enlarging the landfill and accepting coal ash, the company could possibly cease host fees paid to the county and require payment at Broadhurst for accepting county garbage. Though county officials have avoided calling names of those who approved the two agreements more than a decade ago, they have expressed exasperation that anyone could have signed documents that, as County Administrator Luther Smart said, “gave the farm away.” One of those who signed both agreements was James “Boot” Thomas, who served as a county commissioner and as a member of the Sold Waste Authority. He said the documents were not seen as controversial at the time. “It was just SOP [standard operations procedure] as I recall,” said Thomas. “If the county attorney approved it, then I am sure we would accept it,” Thomas said. That seemed to be the opinion of those who could remember anything about approving the documents. “I remember, but I don’t remember. It’s been a long time,” said James Boykin, chair of the county commissioners then. The Press-Sentinel researched old records and found minutes from the joint session of the County Board of Commissioners and the Solid Waste Authority when both documents were signed. Minutes of the meeting support Thomas’ memory and show that the documents were presented to the boards as merely an update on payment procedures. “John Simmons [manager of the Broadhurst Landfill at the time] explained that it has been 10 years since the agreement between Solid Waste Authority, Republic and Wayne County Commissioners. “Mr. Simmons says just some cleaning up, deleting clutter and streamlining has been done to the agreement and that basically nothing has changed. The important change is going from a three-tier fee system to a one tier fee system,” reads the minutes from the Solid Waste Authority. The minutes from the county commissioners reads much the same. “Mrs. Jones [then County Administrator Nancy Jones] asked Mr. John Simmons … to come forward and explain the new agreements. Mr. Simmons stated it was mostly to clean up the agreement and change the fees from a three-tier plan to a one-tier plan, which would make the accounting of the fees much easier for everyone,” those records stated. The county attorney at the time, Bob Smith, was noted in the Solid Waste Authority minutes as saying that the host fees in the new agreements were higher, which would “mean more money for Wayne County.” Simmons’ statements in the minutes do not reflect seemingly substantive changes contained within the two agreements. Those alterations would seem to refute the assertion that “basically nothing has changed.” In fact, those changes are at the heart of the issue today. The revised documents changed the area where refuse can come from to include all of the continental United States. Provisions for a rail spur were inserted into the contracts, and the agreements bound future commissioners by the new terms. It further removed daily limitations on the volume of refuse to be taken to the landfill and provided that the land- fill could be expanded without further approval by local boards. The host fees were changed from three categories to a single tier, which set the rate at $1.80—which can only be increased by approval from Republic. In the end, both boards approved both agreements without a dissenting vote. The minutes do not reflect any discussion or any questioning of the documents. For the County Board of Commissioners, the minutes show the voting as “motion by Mr. Wright, second by Mr. Thomas to adopt and authorize the Chairman to sign the agreement … Mr. Boykin, Mr. [Gleason] Copeland, Mr. Thomas and Mr. Wright voted yes.” For the Solid Waste Authority there were two votes. The minutes show, “motion made by John Flowers, second by Gene Lyons to accept new host agreement … John Flowers, Gerald DeWitt, Aubrey Mansfield, Delores Roberson, Jerry Wright, Freeman Bacon, Gene Lyons, James Boykin, Gleason Copeland, James Thomas and Jerry Wright voted yes.” And, “motion made by Aubrey Mansfield, second by John Flowers to accept new operations agreement …. John Flowers, Gerald DeWitt, Aubrey Mansfield, Delores Roberson, Jerry Wright, Freeman Bacon and Gene Lyons voted yes.” The Press-Sentinel attempted to reach several of those officials who signed these agreements as well as the county attorney. Most were not reached; some did not return calls; and most of those who were contacted were not able to recall the votes. Broadhurst residents fear what is to come First published Feb. 20, 2016 By Candice McKinley STAFF WRITER “We didn’t bargain for a mountain of coal ash. We settled in a place with few people and few distractions because that’s the lifestyle we wanted to live. We are scared now that we will no longer have that,” Judy Butts said, deep worry lines creasing her forehead. She and her husband, Danny, are residents of the once-thriving little community of Broadhurst. The home to some 300 families during the highpoint of the “turpentine days,” of the 1950s, Broadhurst today is considered home to a handful of families. The Buttses invited several neighbors into their home earlier this month to voice concerns about Republic Services’ plan to receive up to 10,000 tons of coalash every day. If that plan goes through, it will bring big changes just across the road from the residents’ homes. Judy and DannyButts have lived in the area since 2001. They are surrounded by other Broadhurst residents, such as KC Gest (a resident since 1972), Jeremiah and Sharon Spradley (residents since 1990), Justin Yarbrough (a native of the area), and Kenneth Tipton (a resident since 2012) who were all present for the gathering. “I found this letter in my mailbox, dated Jan. 26, 2016,” Tipton said. “It was addressed to Matt Kallio, but Kallio has been dead for years.” He opened the letter, as he is now the owner of property using the same mail address, to find information for the proposed expansion of the Broadhurst Landfill, to be built within 500 yards of his property. Tipton said he would never have known a thing had he not opened the letter. In fact, none of the neighbors knew anything about the plans by the giant landfill company just to the east of their homes. Republic is required by the permit process of the U.S. Army Corps of Engineers to provide the names of those who own property adjacent to the site to be developed. Then the Corps is required to inform the landowners of the permit application and thus the ramifications the permit may hold for them. No one at the meeting has received any notification from the Corps or from Republic. The Press-Sentinel has requested a list of any landowners who were notified during the application process. As of press CANDICE MCKINLEY / Staff Several residents of Broadhurst met to discuss their concerns over the potential hazards of coal ash being brought to nearly their front porches. Danny Butts, and his wife, Judy, point from their front yard to the proposed site of Republic Services’ coalash rail yard. The site would be located just across U.S. Highway 301, directly behind the tree line. time, the request is being reviewed by the legal department of the U.S. Army Corps. of Engineers “I got on the phone first thing and called everyone here to let them know what was happening,” Tipton said of the letter to the deceased Kallio. It was the first time that any of the residents had received mail about expansion of any kind, including the growth of the Broadhurst Landfill property—the same property which had expanded right under their noses in 2004 and again in 2008, from 901 acres to more than 2,200 acres. “Our community smells like a landfill now,” Judy Butts explained. “It has only been within the last couple of years that we could smell anything. Now it is getting worse all the time.” The Spradleys remembered when the landfill was originally proposed by Addington, before Republic Services took over. Sharon Spradley said they had been “promised the world,” including a “beautiful” recycling plant, warehouses and the lure of more than 150 jobs that were to be created by the construction of the landfill. “They didn’t follow through on any of it,” she commented flatly. She said that the original site for the landfill was to have been in Mount Pleasant, though residents there fought to keep it out of their community. Broadhurst became the successor, and the Spradleys fought a losing battle to keep the landfill out. “We were the only people opposed. Addington brought contracts to the [county] commissioners, and they were given what seemed like 20 minutes to sign them or they [Addington] would pull out,” the Spradleys contended. “[The commissioners] said they were trapped because we needed the landfill. There was no representation for District 3, our district, when the contract was put through,” according to the couple. The Spradleys said they voiced their opposition at County Board of Commissioners meetings and through letters to representatives of the Solid Waste Authority and The Press-Sentinel. Jeremiah Spradley foretold of the current situation they are faced with now, back then, he recalled. His concerns seemed to fall on deaf ears. His wife said that she also voiced her concerns about what would happen several years down the road if the landfill were allowed. “I had a three-hour conversation with representatives from the Solid Waste Authority, where they tried to convince me that this [contract] would be a good thing, even while I strongly disagreed with them,” she said. Everybody at the meeting had something to say about negative experiences of trash from dump trucks flying out of the trucks and blowing up and down the roadsides from the landfill to U.S. Highway 301. These experiences have prompted serious concerns for them about the proposed coal-ash repository. The residents liken the rogue trash to the airborne coal ash they expect from the proposed dump site. If the original promises of a small, community-friendly, job-promoting and beautiful waste-facilitation company were never fulfilled, these residents say, they now fear the current boasting of environmental stewardship and health-risk management to be a farce. One resident said he saw dump trucks bringing “fly ash” (coal ash) from Jack- sonville and depositing it, dry, on top of the landfill. “What happens when the wind blows and they are taking tens of thousands of tons of ash out [of train cars] with an excavator? Where does it go?” Danny Butts asked. Airborne fly ash has been linked to heart and lung disease, reportedly because particles can be inhaled into the deepest parts of the lungs, triggering inflammation and immunological reactions. “My father has COPD [chronic obstructive pulmonary disease],” resident Justin Yarbrough explained. “What happens to him when coal ash is consistently airborne? You can’t tell me it won’t happen with that much [coal ash] coming in.” Other concerns for the neighbors include worries about possible contamination of groundwater. Walker Creek runs through the proposed site, and residents are concerned about their well water. One man said he has small children, one of whom has to drink bottled formula every day, and that formula has to be mixed with water from somewhere. And if the wetlands were disrupted with a four-lane railway line, the residents asked, where would all that water go? They wonder whether it could flood their properties with hazardous waste. The value of their property is a source of regret for all those in attendance. The smells and the proximity of the current landfill have made their property values plummet, they said. “What inheritance am I leaving for my children?” Judy Butts asked. The furrowed lines above her eyes remained dark with worry. 10 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH County approves funding for landfill study First published Feb. 24, 2016 By Derby Waters STAFF WRITER It took two weeks to get together enough county commissioners to vote on funding for a scientific study of the environment around the Broadhurst Landfill. Once on the table, though, approval of the idea was handled in less than a minute. Attempted last week, a vote was prevented with only two commissioners present. This week the vote to approve a study was quickly approved. Commissioner James “Boot” Thomas made a motion to fund up to $5,000 for the study, which is also being partially funded by the city of Jesup and a private citizens group led by Dink NeSmith (chairman of the board of Press Sentinel Newspapers Inc.) Work on the study is to be completed in time for reports and findings to be entered into the public record of the U.S. Army Corps of Engineers before the March 4 deadline. At stake is the permit application by Republic Services to build a rail spur at the landfill in order to begin dumping tons of coal ash and out-of-state garbage at the local landfill. Wayne County Board of Commissioners Chairman Kevin Copeland said after the vote that many rumors and talk of blame are circulating around the county about those who signed two 2005 agreements, which have come to the center of contention of the coal-ash issue. Copeland read parts of the minutes of the meeting in which the commissioners at the time signed off on agreements that are said to block the county from opposing the plan by Republic. “It was not properly explained to them by the county attorney at the time,” Copeland said. “There is a reason the county commissioners hire an attorney. They weren’t aware of what they were signing,” he said. Copeland said that the commissioners and the Wayne County Solid Waste Authority were both misled that the agreements were nothing more than changing the pay system and that “basically nothing has changed,” as the minutes state. Thomas, one of two commissioners in 2005 still on the Board, said that “it was no one’s fault” that the contracts were signed. He defended the action by saying that no one knew anything about coal ash at the time. Commissioner Ralph Hickox again voiced his displeasure with the 2005 contracts using a colorful descriptive noun. He apologized for his language but said he strongly believes the contracts are invalid. County Attorney Andy Beaver once again advised caution in challenging the agreements. Copeland told the audience that the commissioners would have a retreat today (Wednesday) at the Boar’s Head Restaurant in Savannah beginning at 3:30 p.m. Meetings planned Corps of Engineers extends deadline First published Feb. 27, 2016 ❏ County to hire legal help STAFF REPORT After further prompting from U.S. Rep. Buddy Carter, the U.S. Army Corps of Engineers has agreed to extend the date to allow the public to enter comments on a proposal from Republic Services to build a rail spur at the Broadhurst Landfill to April 5. That spur, according to a permit application, would allow Republic to bring in many tons of garbage and coal ash from anywhere in the country. In an e-mail response to attorney Ken Crowder, who is working with a group of Wayne Countians to defend against the prospect of coal ash being dumped here, the Savannah District of the Corps said no decision has been reached on a request for a public hearing in Wayne County. However, according to John Derinzy, regulatory specialist for the Corps, the public-comment period deadline has been extended to April 5. Following a retreat this week, the Wayne County Board of Commissioners has apparently determined to seek further legal advice. Chair Kevin Copeland said the commissioners have agreed to hire an attorney versed in contract law to advise the Board on two agreements signed in 2005. County Attorney Andy Beaver has advised the Board that engaging in a challenge to the plans of Republic to build the rail spur could be construed as a breach of those agreements. Beaver has said that a breach could be costly to the county and may even allow Republic to stop paying host fees to the county government. Republic Services, owner of the landfill, has announced it will have a series of open houses during March and plans to send out a mailer to residents in Wayne and Pierce counties to tell about the plans for the landfill. The Press-Sentinel contacted Republic for times and places of any meetings, but so far that information has not been provided. Two open-house sessions are planned for the week of March 7, and a third is planned for later in the month. Republic also plans to have representatives at a March 16 meeting to be conducted by the Wayne County Board of Commissioners. The Corps of Engineers will have representatives there as will the Georgia Environmental Protection Divison (EPD). The EPD had initially said it would not attend the public meeting, but following a conversation with State Rep. Chad Nimmer, the EPD agreed to attend. Republic now saving thousands using easements at Broadhurst First published March 5, 2016 By Derby Waters STAFF WRITER If plans to dump millions of tons of coal into the Broadhurst landfill proceed, the property owner could be faced with thousands of dollars in penalties for breaching the terms of timberlandconservation easements it now claims when paying county property taxes. And for the past seven years, the company has saved in property taxes by making use of conservation easements. Rumors have circulated for weeks that Republic Services is paying reduced property taxes on its holdings in Wayne County by claiming all of its land is timberland. In fact, County Commissioner Ralph Hickox has said that tax records show the company is not paying its fair share of taxes and that the land is all shown as timberland. A look at some reports, which can be found on-line, would seem to vindicate Hickox’s claim. But a closer examination shows it is easy to misinterpret the tax records. While the records on each parcel of property owned by Republic Services does list it as timberland, timberland-conservation easements are not claimed on all the acreage. Wayne County Chief Tax Appraiser Ralph O’Quinn’s office says the records may be confusing to the average reader until they are further examined. Further, he said, should Republic put in place its plans to construct a rail spur at the Broadhurst Environmental landfill, not only may it face a re-evaluation of its properties, but it will also be penalized for conservation easements it now claims, O’Quinn explained. According to the records in the Wayne County Tax Assessors’ Office, Republic Services and its subsidiary, Central Virginia Properties (CVP), own a total of 2,163.45 acres. Of that, the properties are divided into 448 acres with no easements and another 1,715.45 acres with timberland easements. Some of the easements are listed under CVP and others under Republic, but all the easements go back to 2009. The tax savings Republic takes advantage of are on the total of 1,715.45 acres under those easements. For that acreage, Republic is taxed an average land value of approximately $500 per acre. On the 448 acres listed with no easements, the average fair market value of the land is computed at around $1,782 per acre. Records in the tax commissioner’s office reveal the actual numbers and the savings. Republic pays property taxes on five parcels of property, of which four are eligible for the timber exemption. Parcel 90-9-1 is composed of 453.8 acres, and over the last seven years has had a savings of $37,507 for Republic. Parcel 105-1-3 is 834.32 acres and has a savings over the past seven years of $83,184. For parcel 90-1-1, the company has saved $24,309 for those 244.74 acres in the past seven years. Parcel 90-1-4 is another 182.59 acres for which the company has saved $18,203 over the past seven years. Parcel 90-9 is 448 acres large and has no timber easement and no conservation easement. It is taxed on 40 percent of its fair market value of $798,154, which amounted to an assessed value of $319,261 for 2015. The assessed value multiplied by the millage rate of 29.95 means that Republic paid net property taxes of $9,561. This 448-acre tract is where the main area of the landfill is located, the spot where the mound of garbage presently being accumulated is located. In all, by making use of the conservation easements that are available to all qualified landowners, Republic has saved a total of $163,203 in property taxes over the past seven years. If Republic were to use the property for anything other than timberland, that could revoke the right to claim the easements. And in that case, O’Quinn said, the penalty would be twice the amount of savings per year multiplied by the number of years the easements have been in place. In this case, the easements have been in force from 2009 to 2015, or seven years. The penalty the company could have to pay were all the easements removed at one time could be $326,406. Were Republic successful in constructing a rail spur along the CSX railroad line, then all the remaining 1,715.45 acres (with a few acres possibly excepted) would no longer be eligible for the easements. Republic plans to meet with elected officials First published March 7, 2016 ❏ County looks for adviser By Derby Waters STAFF WRITER Elected officials from across Wayne County have been invited to attend an open house at the Broadhurst Environmental landfill scheduled for next Wednesday. Chip Lake, a spokesperson for Republic Services, said this week that members of the Wayne County Board of Commissioners, the Wayne County Solid Waste Authority, and the Jesup, Odum and Screven city councils all have been invited to the session. He said that State Reps. Bill Werkheiser and Chad Nimmer and State Sen. Tommie Williams have also been issued invitations. The press and members of the public are not being invited to participate. Lake said that the officials will be given a tour of the landfill and explanations of its operations. He said any questions or concerns the officials may have will be addressed. Lake said the open house is part of an effort by Republic to inform the community about the landfill at Broad- hurst and the plans to expand the operations there. Other open houses will be scheduled for later in March so that others in the community may have an opportunity to tour the facility. Those tours will be after the March 16 county meeting, which is to be held at 7 p.m. at the auditorium at Coastal Pines Technical College. Republic Services will have representatives at that meeting to answer questions from the audience. The U.S. Army Corps of Engineers and the Georgia Environmental Protection Division will also have representatives in attendance. County Board of Commissioners Chairman Kevin Copeland said that the Carl Vinson Institute of the University of Georgia will provide a moderator for the meeting. Copeland also said this week that no decision has been made as to an attorney to examine two 2009 agreements with Republic Services. The disputed documents are to be examined by a legal adviser with expertise in the area, Copeland said. The chairman said the decision on an attorney is scheduled for the commissioners’ next regular meeting, which is set to begin Monday at 7 p.m. in the county meeting room. Saturday, March 12, 2016 The Press-Sentinel 11 SPECIAL REPORT: COAL ASH DERBY WATERS / Staff Jeremy Poetzscher, left, makes a point at the site where the proposed rail spur would begin. From left, Robert Williams, Carol McNeary and Russ Knocke look on. DERBY WATERS / Staff From left, Jeremy Poetzscher, Robert Williams, Republic vice president Russ Knocke and Satilla Riverkeeper board member Carol McNeary stand on the site where heavy metals were found in the water supply. Garbage disposal is growing business at Broadhurst landfill First published March 9, 2016 by a negative pressure system through a series of hoses into a flare, which burns the gas to keep it from escaping into the atmosphere. The amount of methane produced at Broadhurst at present does not make a sufficient supply for commercial use. However, Poetzscher pointed out that as the tonnage of waste increases, the company expects that a steady supply of methane will make it possible to sell methane as an energy source. ❏ A tour of ‘Mount Trashmore’ and environs reveals complex industry By Derby Waters STAFF WRITER You would never know it to pass by the entrance to the Broadhurst Environmental Landfill, but just mere yards from the highway is a sprawling industrial site. At the entry gates, more than 100 trucks each day weigh in at the scales and proceed down a road a short drive to where a mound of garbage covers almost 90 acres and towers more than 150 feet high. Nearing the mound, a visitor is faced with a tall hill of grass, where 21 monitoring wells, various vents and pipes pop from the ground and long hoses snake along the hillside. This is South Georgia’s face of an industry that is growing each year in this country, even as what residents nearby call “Mount Trashmore” continues to grow each day in width and height. Municipal waste tonnage across the nation has increased each year since a mere 2.68 million tons were collected following the Solid Waste Disposal Act of 1965. By 2013, that number had grown to 254.1 million tons dumped in hundreds of landfills across the country. In addition to municipal wastes, nonhazardous landfills such as the one at Broadhurst also accept millions of tons of industrial waste. The landfill just east of Screven is one of more than 160 landfills the U.S. Environmental Protection Agency (EPA) lists in Georgia. It takes in more than 600,000 tons of wastes each year, primarily from within Georgia, although some out-of-state refuse is accepted. Site layout Broadhurst now counts more than 2,200 acres in its complex. Of that, some 240 acres is presently permitted to be used for garbage disposal, and of that, a mere 88 acres is actively being used for disposal of wastes. “People hear we have a 2,200-acre dump, and that’s misleading,” Jeremy Poetzscher, the environmental manager for Republic Services, said last Above is a new 695,000-gallon leachate tank for storing the 27,000 gallons of liquid collected from the Broadhurst garbage heap each day. week. He said that of those 2,200 acres, 1,100 acres are actually property permitted by the Georgia Environmental Protection Division (EPD), while the other half is additional property surrounding the landfill. Poetzscher said that some 750 acres have been set aside as wetlands and 257 acres have been set aside and/or developed as part of the company’s wetlands mitigation program. Trucks filled with garbage make their way up the dump site amid piles of trash already dumped and flights of buzzards drawn to the easy pickings. After loads of garbage have been leveled by bulldozers, a layer of dirt is added to cover the refuse, and all of that is then compacted. Over the course of 15 years, the company has used almost 90 acres to build the mound of waste, and each acre has been covered with 60-mil high-density polyethylene—the liner is required under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The fact is that since 1976, the federal DERBY WATERS / Staff Methane and other gases are removed from the trash heap and burned by the open-flare system used at Broadhurst. government has required all states to adopt and implement permit programs to ensure that landfills comply with relevant federal standards. Part of those requirements is construction of lined landfills such as the one at Broadhurst. The Broadhurst landfill is permitted for 24 lined waste cells. To date, nine cells have been used and a 10th is currently under construction. The cells vary from 6 to 9 acres large. With 14 remaining permitted cells, and as the tonnage taken into the landfill increases, the pile of garbage could eventually more than double its size of today. Just to look at it, that massive mound might appear to be a mere static pile of garbage and dirt, neatly topped with a covering of grass. But inside the mound of tons of garbage, two things are constantly being created—gas and “garbage juice.” The gas is mostly a mixture of carbon dioxide and methane, produced as the garbage is broken down by microorganisms. The gas is extracted through vents and collection points and is pulled Leachate Sometimes referred to as garbage juice, leachate is created by the liquids within the waste and the rainfall on the cells. Both percolate down to the bottom of the cell and collect on the liner. Each cell is engineered to drain all the fluid toward the center at the bottom of the cell. There it is collected and pumped to one of two massive leachate tanks. Broadhurst landfill produces some 27,000 gallons of leachate each day. The newest leachate tank will hold 695,000 gallons of liquid waste. Every day or two, a tanker truck is filled with leachate and transports it to the Waycross Municipal Wastewater Treatment Plant. The liquid is treated at that plant and the pollutants removed before the eventual effluent empties into the Satilla River. Company pride Poetzscher is proud of the landfill at Broadhurst and said it is his personal favorite of all the landfills operated by Republic in this part of the country. He said that a lot of engineering and sophisticated monitoring goes into the operation and maintenance of the facility. If plans of the company become a reality, Poetzscher will become busier in coming months. Those plans call for a massive four-track rail spur to be constructed for the delivery of millions of tons of municipal and industrial waste, including trainloads of coal ash. He said a site for new lined cells would be constructed on the northeast side of the property to receive the coal ash. Poetzscher sees the expansion as market-driven and something the company can safely manage. If all that becomes a reality, “Mount Trashmore” will be just one of two huge lumps on the otherwise flat terrain at Broadhurst. DERBY WATERS / Staff Republic has set aside some 257 acres of wetlands as part of its wetlands mitigation program. This site is to be left in its natural state and will not be disturbed by a proposed rail spur. 12 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH Proposed law would make EPD more transparent First published Feb. 13, 2016 ❏ Inspired by Wayne’s coal-ash controversy STAFF REPORT The fight over coal ash in Wayne County may make the Georgia Environmental Protection Division more transparent. State Rep. Bill Werkheiser (R-Glennville) announced Wednesday that he will file legislation to require greater Bill transWerkheiser parency between the EPD and the citizens of southeast Georgia, where hazardous waste is being disposed. Republic Services, which operates the Broadhurst Environmental Landfill, is seeking a permit for a large rail yard that would explicitly be able to accept large volumes of coal ash from outside the area. Werkheiser noted that the proposal has been pursued legally but secretly. “Just last week, we learned of a spill of hazardous material that happened nearly five years ago,” he said. “Again, no laws were broken and no rules were violated, but residents were not made aware of this accident until it was reported by a newspaper that discovered the accident buried in reams of documents.” Werkheiser’s bill would require the EPD to report certain actions to the official legal organ and the affected local governments, as well as the surrounding landowners. These actions would include—but are not limited to—any new permit application, a change in an application and evidentiary indication of a violation of a permit. Coal ash is the waste left behind when coal is burned to produce energy. Republic has estimated that the incoming waste stream could amount 10,000 tons of coal ash a day. “The process that has taken place in Wayne County has caught everyone off guard and jeopardized the period of time where public comment would have been allowed,” Werkheiser added. “We will not get a second chance to get this right, and we need to do what we can to rectify this situation going forward.” Werkheiser represent District 157, which includes portions of Wayne, Tattnall and Evans counties. Landfill-leak bill passes Ga. House First published March 2, 2016 By Drew Davis STAFF WRITER A bill requiring communities to be informed of landfill leaks passed the Georgia House Monday 163-0. The version that passed the House, though, is different from the version that State Rep. Bill Werkheiser first introduced. The legislation was prompted by the fact that an apparent leak at the Broadhurst Environmental Landfill was never reported to Wayne County officials or citizens by either the Georgia Environmental Protection Division or Republic Services, which operates the landfill. The version of House Bill 1028 headed to the Georgia Senate reads that “The owner or operator of a municipal solid waste landfill shall notify the local governing authorities of any city and county in which such landfill is located of any significant release therefrom within 14 days of confirmation of such release by the division.” Originally, though, the bill would have required that the EPD—not the landfill owner—report any “eviden- tiary indication” of a permit violation. Also, the report would have been made to the official legal organ as well as the affected local agovernments. And the bill would also have required the EPD to report any new permit applications and any application changes. The original bill summary read that the bill was meant “to require the Environmental Protection Division of the Department of Natural Resources to provide notice to affected localities upon the occurrence of certain events relating to permit- ted solid or hazardous waste facilities.” The new summary, though—as adopted by a House committee before being sent to the House floor— reads that the bill is meant “to require the owner or operator of a municipal solid waste landfill to provide notice to the relevant local governing authority upon the occurrence of a solid waste release.” Werkheiser sponsored the original legislation, and the first co-sponsor was Wayne County’s other state representative, Chad Nimmer. OPINION First published Feb. 10, 2016 Public should be notified of health hazards It’s frightening the amount of secrecy all levels of today’s government works in. We know that at times it can be pesky to do the people’s business in complete and total openness, but that is absolutely how it should work. Just a few weeks ago this newspaper uncovered a plan by Republic Services to haul in tons of coal ash and other municipal wastes by train into Wayne County without ever alerting the county, the city of Jesup or even its neighbors. Republic wants to destroy some wetlands to build a rail yard in Wayne County, and so it did have to contact the U.S. Army Corps of Engineers. The Corps does have a 30-day comment period for the community. However, the kicker is that virtually no one has to be alerted of this comment period. The Corps is not bound to notify the general public. It only has to post it on its website, send letters to those named by Republic and send an email to those who had signed up for one. Only after we shed light on the plan and a public outcry went up, did the Corps postpone its decision on the destruction of the wetlands in Wayne County. Then, this past week we learned that toxic heavy metals found in coal ash have already been detected at levels above drinking-water standards in local groundwater around Republic Services’ Broadhurst Environmental Landfill. Republic Services has been working with the Georgia Environmental Protection Division (EPD) for several years to clean up this mess. Surprise, surprise—no one in the county was notified of this pending environmental disaster. “It makes me mad, frankly, that they had something spill into our environment and we didn’t know about it,” Kevin Copeland, chairman of the Wayne County Board of Commissioners, was quoted in an article in The Press-Sentinel last week. We’ve yet to find a single Wayne Countian who isn’t outraged over this assault our environment. So many have asked what they can do to help. There are many things that can be done, but one is to continue to cry out for openness and sunshine in government. One area to start—which seems to be a no-brainer—is that when a toxic spill (or, as Republic euphemistically refers to it as a leakage) happens in a community, the offending company and the Georgia EPD should be compelled by law to notify the surrounding community of the issue. Unfortunately, we are sure Wayne County isn’t alone in facing this type of health crisis. This is a law that needs to be implemented from the Georgia legislature now—today— this session. It’s obvious we can’t expect these private and government organizations to do the right thing on their own. They must be compelled by law to notify the public. Please take time to write or call your local representatives and ask them to introduce this type of legislation—today. Not only does Wayne County need this protection; the rest of the state does as well. In Wayne, we have several to contact: •Sen. Tommie Williams ([email protected])—148 Williams Ave., Lyons, GA 30436 or 110-B State Capitol, Atlanta, GA 30334. His telephone numbers are 912526-7444 and 404-656-0089. •Rep. Chad Nimmer ([email protected])—P.O. Box 1174, Blackshear, GA 31516 or 113 State Capitol, Atlanta, GA 30334. His telephone numbers are 912-8076190 and 404-651-7737. •Rep. Bill Werkheiser ([email protected])—P.O. Box 27, Glennville, GA 30427 or 411-E Coverdell Legislative Office Building, Atlanta, GA 30334. His telephone numbers are 912-654-3610 and 404-656-0126. •Gov. Nathan Deal (email address unavailable)—206 Washington St., Suite 203, State Capitol, Atlanta, GA 30334. His telephone number is 404-656-1776. •Rep. Lynn Smith ([email protected])—228 State Capitol, Atlanta, GA 30334. Her telephone number is 404-656-7149. (Smith is chairman of the Natural Resources and the Environment Committee for the House. Also, she is also a graduate of Wayne County High.) •Sen. Frank Ginn ([email protected])—121-I State Capitol, Atlanta, GA 30334. His telephone number is 404-656-4700. (He is chairman of the Natural Resources and the Environment Committee for the Senate.) •DNR Commissioner Mark Williams ([email protected])— 2 Martin Luther King Jr. Drive S.E., Suite 1252—East Tower, Atlanta, GA 30334. His telephone number is 404-656-3500. •Georgia EPD Commissioner Judson H. Turner (Office refused to give out his email address.)—Environmental Protection Division, 2 Martin Luther King Jr. Drive S.E., Suite 1456—East Tower, Atlanta, GA 30334. His telephone number is 404-657-5947. First published Feb. 13, 2016 Kudos to Werkheiser for upcoming EPD bill State Rep. Bill Werkheiser is doing right by Wayne County in filing a bill to make the Environmental Protection Division more transparent. He’s also doing right by the citizens of Georgia. Wayne County citizens are now under the gun to express their concerns about a proposed rail yard that would set the stage for Republic Services to bring in thousands of tons of coal ash a day for disposal at the Broadhurst Environmental Landfill. As a state legislator, Werkheiser can’t directly address U.S. Army Corps of Engineers procedures that do not require local communities to be notified when the Corps is asked to allow the disruption of wetlands for such projects. The Georgia General Assembly can, however, require the EPD to announce new permit applications, changes in applications and evidence that a permit has been violated. Under the U.S. Environmental Protection Agency’s definition of coal ash as a nonhazardous material, the landfill here is already permitted to receive coal ash. But under existing laws, the EPD was not required to notify the community when Republic’s own monitoring wells found higher-than-allowed levels of contaminants in water around the landfill. And those contaminants are consistent with substances found at significant levels in coal ash, which the landfill was already accepting—in relatively limited amounts—at the time this leakage was discovered. The EPD is supposed to be protecting the people of Georgia from environmental threats. And the first line of protection is letting the people know what those threats might be. So kudos to Werkheiser for trying to make sure that, at a minimum, the EPD will have to tell us what’s going on. First published Jan. 16, 2016 NIMBYWMA! NIMBY is a well-known acronym for “not in my back yard.” We would add WMA to those letters to mean “without my approval.” We learned this week of a plan that would bring tons of coal ash and other waste products into our community. The proposal must be permitted by the U.S. Army Corps of Engineers and the Georgia Department of Natural Resources—and neither agency is required to tell anybody in the county anything about the plan. This is the second time that some outside interest has asked for a government permit to do something in Wayne County without telling us about it. First was the plan to dig up minerals here and take them out of the county. This new proposal would take wastes from somewhere else and bring them here. And this is not just any waste. Coal ash contains heavy minerals and radioactive material that have been proven harmful to humans and wildlife. Shouldn’t we have a say if something like that is to be brought into our community? To add to this insult is the fact that anybody here who wants to ask about the proposal or complain or have a public meeting about it has only 30 days to do so in writing. But the catch is that no public notice has been provided, so how are we to react without being informed of the idea? If we are to respond in writing, should not those agencies be accountable to tell us in writing about what they are up to? What is needed is a law that requires any federal or state agency that is authorized to permit any business or change in a community be required to inform the public in a timely fashion. We don’t pay state and federal taxes so that those agencies that we fund can secretly plan what is to happen where we live. So here it is in writing. This community deserves and demands a public hearing so that we can learn more about this plan. Where is this toxic ash coming from? What is in it? What safeguards are planned? Are our children safe? Without being informed, our first response to this or any proposal so surreptitiously thrust on us is no, hell no. Not here. Not unless we say so. NIMBYWMA. Saturday, March 12, 2016 The Press-Sentinel 13 SPECIAL REPORT: COAL ASH OPINION Will coal ash spoil our air and water? Lack of public notice could help bring danger to our area First published Feb. 6, 2016 Public notice. When is the last time you read one? Public notice is more than our county commissioners’ moving their monthly meeting from one day to another. Public notice is more than a bank’s foreclosing on your neighbor down the street for nonpayment. Public notice is more than those lengthy columns of type or small, plain block ads you see in the pages of this newspaper, reporting that someone is adopting a baby or telling you how much it costs to qualify for office. Public notice can be much more. Public notice can be the first warning the home you and your family have enjoyed much of your life may be threatened. Public notice may be the first warning that leisurely summer cookouts on your back patio could be a thing of the past because a foul-smelling industry will soon be locating just down the road, polluting the air around your home with a putrid stench. Public notice could be your first hint that drinking water from the tap in your kitchen may no longer be safe. Public notice, a staple of American government since our forefathers first tacked up quill-and-ink scribbled notices in the town square, is gradually being taken away. Government leaders at every level, acting from a mistaken sense of “saving money” and fueled by a public that largely pays no My Opinion ▼▼▼ attention, are offering fewer and fewer public notices of actions that can affect everything from the value of your home to how you get to work—and more. The latest example of how ” ROBERT WILLIAMS The Blackshear Times Coal ash contains contaminants like mercury, cadmium and arsenic ... Who wants to live near tons of that? inadequate public notice can affect our lives is on our doorstep today. The quality of life in Wayne and Pierce counties is being threatened by the very real possibility of mountains of toxic coal-ash residue being hauled to our area from elsewhere and dumped in the nearby landfill operated at Broadhurst in Wayne County. We are talking millions of TONS of coal ash, the residue GERRY BROOME / AP A resident of Eden, N.C., scoops coal ash from the banks of a river fouled by a spill from a coal-ash disposal area. Tons of coal ash brought to our area could spoil our air and water, as well. of coal-fueled power plants. What exactly is in coal ash? EPA describes it this way: “Coal ash contains contaminants like mercury, cadmium and arsenic. Without proper management, these contaminants can pollute waterways, ground water, drinking water, and the air.” Coal ash also contains lead. Ask folks in Flint, Mich., how harmful that is. Who wants to live near tons of that? Not the people where this poison is produced. They want to ship it far, far away. To us. The Army Corps of Engineers is part of the process because a proposed rail yard to handle the trainloads of coal ash may be built in a wetlands area. The Corps issued no public notice of the plan, however, because someone, somewhere, at some time, decided the Corps no longer needed to give public notice in the local newspaper of the community where such actions might be taken. Instead, if you sign up—in advance—you will be sent a notice. Will Wayne be ‘sacrifice zone’? First published Feb. 17, 2016 Is Wayne County in danger of becoming a “sacrifice zone”? Some local residents are starting to ask that question. The concern has been prompted by a proposal by Republic Services to build a rail yard that could accept trainloads of coal ash and other waste for disposal at the Broadhurst Landfill. Not only has coal ash caused serious environmental problems in other parts of the country, but Republic is still cleaning up an apparent leak associated with much more limited disposal of coal ash here a few years ago. So what is a sacrifice zone? According to a broad description by bestselling author Chris Hedges to longtime PBS commentator Bill Moyers a few years ago, sacrifice zones are U.S. areas where “Americans are trapped in endless cycles of poverty, powerlessness and despair as a direct result of capitalistic greed.” Speaking on Moyers & Company in 2012, Hedges discussed areas “where communities suffered while the corporations plundering them were thriving,” according to a Feb. 14 Savannah Morning News story by Ron P. Whittington. Whittington was writing about the concern—raised by Palmetto Pipeline opponents—that some of the areas along the pipeline route could become sacrifice zones. If built, the pipeline would run from Benton, S.C., to Jacksonville, Fla., transporting fossil fuel for Texasbased Kinder Morgan. Whittington’s story notes that, according to Hedges and other environmental proponents, pipeline operators often skimp in sacrifice zones because those areas—typically characterized by depressed neighborhoods, government-owned property, heritage lands and wetland areas—pose a lower risk of lawsuits. Republic is not trying to build a pipeline, but it is a big corporation trying to reap big profits from waste containing toxic chemicals. And the proposed rail yard would be built in a rural wetland area. Also, like opponents of the Palmetto Pipeline, opponents of the rail yard are now concerned about the potential impact on waterways and the Floridan Aquifer. And like Palmetto Pipeline opponents, opponents of the rail yard are seeing a big company flex its corporate muscles to get what it wants—just as big companies have done in sacrifice zones across the country. It’s no surprise, then, that Wayne County citizens don’t want their community to be sacrificed for bigger corporate profits. Let’s not let this county become the latest sacrifice zone. The right way to do it is at home in the open First published March 5, 2016 Republic Services is a hard case. The company representatives have yet to learn that more openness is a requirement for cooperation. Almost nobody in this county is in favor of the company’s plan to bring tons of coal ash to our community. And almost everybody here has questions about what is going on. And yet, the company persists in its apparent belief that the way to carry out its ambition is to do so in secret. Company officials never told us they planned to dump coal ash on us. They never told us they had already brought 800,000 tons of coal ash to the landfill. They never told us that they have already had serious failures at the landfill, which resulted in poisoning our groundwater. Now they want to meet with local “leaders” and elected officials. Only they want to have “open”-house sessions that are closed. In fact, when we asked about these meetings, we were told that the press could not attend them. Now compare that sort of heavy-handed attitude by a huge absentee corporation with the way things are being done when we are dealing with folks here at home. The Jesup City Council met with unhappy neighbors who wanted their community safe from commercial enterprises being located where they make their homes. There had never been a business in that residential neighborhood, and residents there wanted to keep it that way. (Maybe they don’t like the idea of increased traffic where their children play.) Fortunately, unlike property in unincorporated Wayne County, property within the city of Jesup has zoning ordinances in place. Were the county zoned, probably we would not be fearing what a huge corporation has the power to do over our wishes. But zoning aside, the thing is that the Jesup commissioners met with the public in the open to discuss the issue, along with the property owner who had requested the rezoning. There was no attempt by the landowner or those opposing his plan to make some secretive end-around play. When home folks have the say, our neighborhoods can be what we want them to be. When the federal and state governments bow to the dollars of large, secretive businesses, the only interest served is that of those big business owners. They could care less that we live here. They just want some place to dump their trash and count their dollars. Only because Derby Waters, a vigilant reporter with The Press-Sentinel in Jesup, got wind of this plan did any information see the light of day, and now the fight is on to protect our area from this threat. Public notice. When’s the last time you asked why one wasn’t published? ••• (Robert M. Williams Jr. is the editor and publisher of The Blackshear Times. E-mail: [email protected]. PRESSTALK ▼▼▼ Coastal group objects to permit application First published March 2, 2016 I am writing to state our unconditional objections to the permit application for a waste-transport facility located west of U.S. 301 and south of Broadhurst Road West and 5.6 miles east of Screven. Clearly, there are much better-suited locations for this operation that would not impose unjustified harm to jurisdictional freshwater wetlands. The toxicity of the material being transported further exacerbates the potential risk to public interest. There is no compelling rationale that substantiates the stated need to fill nearly 25 acres of jurisdictional wetlands. Accordingly, the Center for a Sustainable Coast strongly objects to this permit because an alternative to it is available at other locations adjacent to disposal sites where destruction of wetlands would not be a factor. Moreover, the alleged mitigation method does not honor the principle of “no net loss” of wetlands because it would result in the destruction of 25 acres of functional jurisdictional wetlands. Cumulatively, the continued practice of implementing such measures would result in the loss of thousands of acres of wetlands that serve important habitat, filtration and flood-control benefits of great, well-documented benefit to the public. Finally, whatever the proposed precautions, unloading operations will undoubtedly result in the contamination of surrounding areas with the toxic materials being transferred at the proposed facility. These materials (including known carcinogens), when spilled, would risk contamination of surrounding surface and groundwater resources, further jeopardizing public safety. We urge the U.S. Army Corps of Engineers to reject this proposal due to its unacceptable and unjustified disturbance and destruction of valued natural resources and associated risks to public health. David Kyler Executive director Center for a Sustainable Coast Lobbyists are wrong— coal ash is hazardous First published Jan. 30, 2016 As a citizen, as a property owner and, most important, as a father, I feel I must address this issue of the coal ash. In my research, I have found that the U.S. EPA, this past October, published its Final Rule on coal-ash disposal after five years of debate, public comment and, of course, political lobbying. Why a rule now? After all, haven’t power plants been generating this ash for decades? If you have any interest in this debate, please educate yourself on the Kingston, Tenn., coal-ash disaster of Dec. 22, 2008. That cleanup is still ongoing; the bill is $1.2 billion and rising; and the human cost is beyond calculation. The rule is in response to this disaster and the later coal-ash disaster in Eden, N.C., in February of 2014. Relevant to us in Wayne County, this waste material was classified under Subtitle D of the Resource Conservation and Recovery Act, or RICA. This means that the ash is now deemed “not ❑ See PRESSTALK, Page 14 14 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH OPINION PRESSTALK Continued from page 13 hazardous” and on the level with normal household garbage. It was not—and this is key—classified under Subtitle C (in other words, a “hazardous material”). Curiously, the debate was won by the industry lobbyists over the research scientists and physicians. For the highly profitable landfill industry, the rule is a veritable bonanza—110 million tons of this ash was generated in 2012 alone, and now they want to haul it to us. And old ash, or “legacy” ash, can now be scooped up and hauled to a stateof-the art, lined facility such as Republic Services Inc.’s Broadhurst Environmental Landfill. It is no wonder that multibillionaires such as Bill Gates and Warren Buffet are heavily invested in Republic. There are fortunes to be made and stock prices to be raised by dumping this material in out-ofthe-way places where pliant governments and lax regulation pass the costs on to unsuspecting locals. On the other hand, please look up the reports published by Physicians for Social Responsibility concerning the health impacts of coal ash. These sobering, even horrifying facts about the arsenic, lead and cadmium, as well as radioactive elements, that Republic’s proposal would bring in by the trainload—up to 10,000 tons of ash per day—will make you wonder why we all, with a single voice, have yet to echo Dink Nesmith’s “No! No! No!” We must choose to stand up for ourselves in this matter. Really. The EPA rule states that they will not be enforcing their own rule. It is up to citizens or their local governments to sue landfills that break the rules. But, as Flint, Mich., proves, what good is suing when a generation has already been poisoned? Fortunately, we are not without recourse. The Joint Wayne County Solid Waste Management Plan 20102021 is found online. Section 6 tells me that our collective hands are not tied when it comes to this fight. There is no radioactive ash in this “Community’s Vision”! Dan Chappell Jesup Coal ash raises Pierce concerns First published Feb. 3, 2016 I read Dink NeSmith’s column in The Blackshear Times about the proposed dumping of coal ash near the Wayne/Pierce line. I’m certainly no expert on this subject; however, I have seen its impact on family members in North Carolina. My sister and her family live in Belmont, N.C., and are victims of contaminated water from coal ash. Last March they were issued a warning to avoid drinking their water and were informed that bottled water would start being delivered to their home. Some of the neighbors bathe in the contaminated water, while others avoid doing so. It seems as though you would do so at your own risk, as there are so many unanswered questions regarding this issue. Having visited my sister’s family several times over the last year, I can attest to the inconvenience but, more important, the health concern involved. My brother-in-law was diagnosed with throat/tonsil/tongue cancer in June. One can’t help but wonder whether this was caused by the contaminated water, as they have been told that cancer cases have risen in the area. Some in the area would like to move; however, no one wants to buy a home with contaminated water. Property values have diminished greatly. Although those affected are glad to have the bottled water delivered to their homes, I’ve seen the inconvenience of having to use it to cook, etc., and the difficulty in storing cases of bottled water. My sister does have a garage, but in the summer, the bottled water gets hot, and that alone poses a safety issue as well (plastic bottles). This has been going on for almost a year, and there is no solution in sight for my sister and many others affected by the contaminated The Georgia Supreme Court itself ruled, on June 29, 2015, in Elbert County vs. Sweet City Landfill, that a county ordinance can place burdens upon a private landfill as long as it is evenhanded and “promotes the safety and welfare of County residents … and protects the natural resources of the County.” The current Joint Public Notice from the Corps of Engineers states, “The applicant’s proposed work may also require local government approval.” Not forthcoming! The shock has worn off, the facts are coming to light, we are fighting this, and we are winning! Elizabeth Anne Chappell Jesup Carolina coal ash is coming to Georgia water. How do we know this wouldn’t happen to us in this area? No amount of job creation should ever come before our health! This is the extent of what I know on this issue, but it’s enough to make me cringe at the thought of having toxic material dumped near my home. Thank you so much for bringing this to the attention of those residing in Pierce and Wayne counties. Tammy Oakley Pierce County Public should voice coal-ash concerns First published Jan. 23, 2016 According to the webpage of Republic Services, the company is “Committed to your community” and “Part of your neighborhood.” The page says, “At Republic Services, our most important relationships are the ones we have with our customers. We continually strive to make your recycling and waste effortless. Our exceptional employees are here for you–to listen, to provide outstanding service, and to help you help the environment.” Sounds good, yet Republic Services has plans to bring tons and tons of toxic-waste materials in the form of coal ash to our community, all from other states–all without an opportunity for a public meeting to address the fears and concerns of the citizens of Wayne County. In other words–sneak it in! “Coal ash, the second largest industrial waste stream in the U.S., is less regulated than your household trash. Coal ash contains high levels of heavy metals such as arsenic, lead, mercury, and other toxic substances,” according to Cleanwateraction.org. Can we really be assured Broadhurst storage units of coal ash, which contains such caustic chemicals, can be retained without the threat of leakage? If so, why are other states sending this material to Georgia? I commend Wayne County Commission Chair Kevin Copeland for his quick action to address Republic Services’ attempt to bring hazardous waste into our county without the benefit of a public meeting. I also highly commend The PressSentinel reporter Derby Waters for his diligence in sounding the alarm and his extensive research into the dangers of coal ash and what it means for our community. Now is the time for the citizens of Wayne County to step up and send letters to both the Army Corps of Engineers and to the Georgia Department of Natural Resources. Without sufficient outcry by each of us against this blatant form of treachery instrumented by Republic Services, we will seal our own fate! Is this the legacy we want to leave our loved ones and future generations? Beth Roach Concerned Neighbors of Wayne County Halt permit process for coal-ash answers First published Jan. 27, 2016 All one has to do is see or hear the news of the tainted water supply in Flint, Mich., and then think of the possible dumping of coal ash in our county. There are two very informative articles recently published in the Atlanta Journal-Constitution that should be of interest to everyone in Wayne County and especially to us who live near the proposed dump site of the coal ash. The first article is an investigative report published Nov. 7, 2015, titled “Georgia coal ponds a ‘lurking disaster.’” The second was published Jan. 22, 2015, and titled “Pumping from coal ash pond into Lake Sinclair stopped, Georgia Power says.” The second article says that in general the safest way to store coal ash is to move it away from rivers and lakes. This proposed site is just the opposite. Other statements concern leakage into the groundwater system. The proposed dump site is wet. Among the main concerns I have are: 1) this site is located on top of the Floridan Aquifer; 2) it is located in the surficial aquifer system or local surficial aquifer (www.stateofwater.org ); 3) our home is located five miles from the proposed site, and we have an 846-foot-deep well drawing water from the Floridan Aquifer; and 4) we have a farm located four miles from the site on Whitestar Road. There are many creeks and streams located in the proposed dump location that lead directly into a creek that flows through our farm property, where we have two shallow wells. Locating this dump site on and in the aquifer system could result in monumental damage not only to our water but to the drinking water of millions of people. What illnesses could be caused if our water is tainted? How long would it take to really assess the damage done to our drinking water? Could the damages be permanent? What about the wildlife, especially the wildlife we hunt and fish for food? Maybe the citizens of nearby counties and north Florida would be interested in what may occur here in Wayne County and the lasting effects it could have on them. Where does your bathing, cooking and drinking water come from? Where does your garden water come from? If you have a pool, where does the water come from? What damages could be done to us, not to mention our generations to follow? My fifth concern—is this proposed dump already a done deal? Anyone who rides down Broadhurst Road will see a fairly new power line disappearing south into the pines. Where does this go and for what purpose? No one lives down there. Is this another project “slipped” in (like mining) on the citizens of Wayne County? Before retiring from the Department of Homeland Security, I was in contracting for a period of time. Whenever I oversaw a contract that had gone through layers of lawyers, I always had a go-to person, a contact. Therefore, my sixth concern (and a troubling one that smells of back-room dealing)—who in Wayne County is the go-to person? No major firm will go to the trouble of even considering an endeavor of this magnitude without a contact. I guarantee you this was the case for the mining company. Has this firm already received some guarantees from this contact? Have any laws been violated? It is imperative these questions be answered for all of us. I applaud The Press-Sentinel for bringing this looming cloud to our attention. The permit process should be halted indefinitely to allow for a more diligent and thorough investigation until all questions are answered. Larry Welch Screven Coal-ash concerns are having effect First published Feb. 3, 2016 First, my heartfelt thanks to the Wayne County Solid Waste Management Authority for answering the public call to confront this proposed rail yard and massive expansion of coal-ash dumping head on. Board members addressed Republic Services representatives at Monday’s meeting with the uncomfortable questions that have gone unasked for too long, and the answers forthcoming elicited shock from the assembled board and public. Did you know 800,000 tons of coal ash were hauled up from Jacksonville and dumped here between 2006 and 2014? This was news to the Board but “common knowledge,” according to Republic. Tellingly, the company man apologized for not notifying the community about this, but he did not apologize for the coal ash itself. According to the Board, Wayne County does have an ordinance on the books that would prohibit the dumping of radioactive waste here. Republic’s answer: If the rail yard is constructed, the company would be testing the trainloads of incoming coal ash for radioactivity and would send the radioactive loads back! The fact that this ash would require radiation testing to begin with tells me all I need to know, but for the still-skeptical, see the Duke University study published in the Sept. 2, 2015, edition of the journal Environmental Science and Technology. Radioactive elements are present, in concentrated levels, in the coal ash left over from combustion in coal-fired generators. The researchers tested coal mined in different regions, and it is all deadly. By whatever means at hand, this community must halt this project. Republic itself stated that the daily trainloads of ash would be equal to 400-450 daily truckloads. This in addition to the 120 truckloads per day of regular garbage. This was never part of the plan. And we do have a written Solid Waste Plan. And we can stop this dumping. The U.S. Army Corps of Engineers has taken the extraordinary step of extending public comment and postponing the wetlands-permit decision because we spoke up. A Savannah TV station came down and covered a meeting of the Wayne County Solid Waste Authority because we spoke up. Our elected officials at the city, county, state and federal levels are going to act in our interest because we are speaking up! Through social media, through the print media, and face to face, we are uniting in this cause and teaching ourselves how to claim the results we demand. Tell your commissioner that you demand a well-crafted, enforceable local ordinance that will deny Republic carte blanche to poison us. First published Feb. 10, 2016 Having grown up in Jesup and known Dink NeSmith’s parents, I have enjoyed reading his columns in The Press-Sentinel. However, his latest about disposal of coal fly ash in Wayne County is disturbing in light of the damage that has been done by spills at TVA’s Kingston Plant near Knoxville, Tenn., and a Duke Power plant near Charlotte, N.C.. TVA spent hundreds of millions in cleanup. Dukes’ resolution is to use Georgia as a dumping ground; this is evidenced by the number of side-dumping tractor-trailers traveling out of South Carolina down I85 to Homer. I have been seeing these trucks for several months, wondering what they were hauling. I just learned that it is fly ash. The company has a fleet of over 100 trucks hauling from a plant near Asheville, N.C. (no pun intended), to Homer. From there they go back up to Plezer, S.C.; pick up another load; and return to Homer. This is all in a day’s work. I learned this during a conversation with a friend who has a relative driving one of the trucks. Not only is fly ash hazardous to the environment; it is hazardous to one’s health. This is evidenced by the the safety precautions taken by people working on coal-fired boilers. I wish for success in keeping Wayne County clean. Pete Dyal Toccoa New landfill plans endanger homes First published Feb. 17, 2016 Our home and our health are at risk! The Press-Sentinel has reported that toxic heavy metals have been detected at Broadhurst Landfill at levels above drinking-water standards. As the crow flies, we live about a mile from the landfill, and we are outraged that we were never notified of this leak! Moreover, if further expansion of this landfill occurs, we will be approximately 400 yards from the proposed rail yard that will be receiving tons of coal ash and waste from other parts of the country, day and night. You can imagine the noise and the air pollution we will be forced to endure. Move, you say? I think you can see that will be easier said than done. If legislation is not enacted to force private companies and government organizations to do the moral and decent thing, this will not only continue but escalate to levels that will render areas of our state and country uninhabitable. It is a wretched thought, indeed, that in this day and age, when every threatened species of plant and animal can draw outrage and support from the four corners of the earth, the safety and well-being of a small community of people in south Wayne County, whose very lives are being threatened by toxic waste, are afforded no protection by taxpayer-funded agencies designated to do just that. We feel we are without power, too unimportant to be worth consideration and, most sadly ... invisible. Danny Butts Jesup Saturday, March 12, 2016 The Press-Sentinel 15 SPECIAL REPORT: COAL ASH OPINION An Alabama town’s toxic crisis—over coal ash First published Feb. 17, 2016 By Esther Calhoun My family has lived in Uniontown, Ala., for generations. My daddy and granddaddy were sharecroppers who grew cotton, corn and okra on the nearby Tate plantation. The people here—mostly African-American, like me—have strong ties to the land. They are proud of this piece of the country. At least they used to be. That was before Arrowhead Landfill turned Uniontown into a dumping ground for the eastern half of the nation, before Arrowhead received permission to take in tons of toxic coal ash from the disastrous 2008 coal-ash spill in Kingston, Tenn. The toxic heavy metals found in coal ash—arsenic, boron, cadmium, chromium, lead, mercury, selenium and thallium—have been linked to cancer and many other illnesses. Children are experiencing nosebleeds, headaches and breathing problems. A terrible smell emanates from the landfill. It attracts flies and buzzards and rats and fleas. There is no air monitoring of the hydrogen sulfide gas let off by the coal ash. Uniontown residents have seen property values decline. Stores are boarded up. Schools have closed. The city can’t afford to operate an ambulance service. We are becoming a ghost town. Our children don’t want to come back here to live, and when they come to visit, we’re afraid to let our grandchildren play outside. The smell, the pollution and the fear affect all aspects of our lives. We don’t know whether it’s safe to eat food from our gardens or simply spend time outdoors. This isn’t right. Uniontown is a poor, black community—made poorer by state agencies and others who decided this town would be a good place for a prison, a toxic-waste landfill, a catfish processing plant and other polluters. I head a local grassroots group, Black Belt Citizens for Health & Justice, made up of community members seeking environmental justice. We are actively pursuing remedies to the threats posed by Arrowhead Landfill and the other sources of Is Broadhurst Landfill the next Arrowhead? (Editor’s note: What does a Subtitle D landfill in Uniontown, Ala., have to do with Broadhurst Landfill in Wayne County? See how the company that owns the Arrowhead Landfill describe it on its own website. It strikes a similar note to what is being proposed here.) “Arrowhead offers a uniquely designed, high-capacity disposal facility for customers, communities and a wide range of industries across 33 states. Located contamination in the town. The Alabama Department of Environmental Management, the agency charged with protecting the community from health and environmental hazards, has failed to take responsibility. The agency reissued the permit for Arrowhead Landfill without proper and enforceable protections for public health, despite the dangers of coal ash and the objections of Uniontown residents. Why did Uniontown become a dumping ground for the eastern half of the coun- above the Selma Chalk Formation, Arrowhead is one of the most environmentally secure disposal facilities in the nation. With large capacity, unmatched logistical capabilities, railway access, and regulatory permitting for a wide range of waste streams, Arrowhead is uniquely positioned to meet the expanding needs of a wide range of customers. “Arrowhead, located in Perry County, Ala., is a 1,345-acre greenfield devel- opment with a 425-acre Subtitle D footprint. The facility has 75 million cubic yards of permitted airspace and can receive up to 15,000 tons of waste per day. Proximity to major rail lines allows Arrowhead to handle waste disposal from communities and companies in all states east of the Mississippi River, all states along the western edge of the Mississippi River, Oklahoma and Texas.” try? No one thought that the members of this poor community would fight back or that anyone would listen to us. Working with attorneys for nonprofit environmental law organization Earthjustice and others, we have filed a civil-rights complaint against ADEM and the U.S. Environmental Protection Agency for permitting this facility despite its disproportionate impact on African-Americans. The owners of Arrowhead apparently want to make it the go-to dumping place for coal ash—a potentially huge and lucrative market as coal plants close down and storage regulations at existing plants tighten. The people of Uniontown don’t want more of this toxic waste brought here. Our lives have already been affected enough. (Editor’s note: Esther Calhoun is president of Black Belt Citizens for Health & Justice, a grassroots environmental justice group. This column ran in several newspapers across the state this past weekend.) Save Screven memories from rail yard First published Feb. 24, 2016 By Lisa Sikes I have spent the majority of the past three weeks writing my comments to send to John Derinzy at the Savannah District Corp of Engineers. My reason for doing so is that, although I don’t live in Wayne County, my family’s home in Screven has determined a large portion of the trajectory of my life—and before this potential rail yard was proposed, I had no idea just how important it was to me. My father was a National Park Service ranger. He and my mom are Newton and Jean Sikes. Because of his job, we lived all over the United States when I was growing up—states such as Minnesota, Virginia, Pennsylvania and Nevada. But no matter where we lived, we traveled at Christmas and in summertime to Screven. It is hard to describe what that is like, and the effect that that has had on my life is something that I ponder even at my age. It means I am not from anywhere and never really fit in Wayne County. But it doesn’t mean that I don’t have my own version of love for it. I went to the University of Georgia and lived seven years in Athens, 12 years in Decatur and now six years in Alexandria, Va. From the time I was born to this day, when I come “home,” it is to Screven, a place where I’ve only lived in the summers and at Christmas. I remember getting ice cream at Sarge’s. I remember driving the country roads with my grandfather in his old Buick perched on top of a box of McNess products so that I could see out the window. I know what the pattern of raindrops looks like in the white sand and how the pine needles smell after it rains. When I am home, I sit on the porch with my parents. We sit on the north side when it’s warm because that’s where the good breeze is, and when the moon rises, it is from the east, over in the direction of the Broadhurst Landfill. We sit on the south side when it is cooler because the sun sets back there. It looks out over my mom’s organic garden, and we watch for the cardinals that perch in the Lady Banks. We’ll visit and read, and my sister will stop by with my great-niece, who loves to catch tree frogs, lizards and butterflies. She is a little naturalist. My father and I may go for a walk, and he’ll show me the lon- gleaf pines that he’s planted for posterity. My parents chose this place to build their home, and the nature of this terrible coal-ash proposal is such a slap in the face to that idea that it is hard to imagine its happening. I have found that, no matter my age,— college student in my 20s or a grown-up at age 50—as I am driving home to Mama and Daddy’s, the closer I get, the faster I go. As I make the turn onto the Odum-Screven Road, I press the accelerator; the windows get rolled down as I sail past the cotton fields with the radio turned up. I’m almost home as I pass my cousin’s house, over Dog Bridge, and then slowly pass the cemetery where my grandparents are buried. If I look, I’ll see the name Sikes on the back of their headstone. But I never look. I don’t know why. Finally, there are those four turns, the feel of which I have known since I was a girl. Bounce over the railroad tracks, turn right, turn left, turn right ... onto Sikes Road. There’s that hint of anticipation and relief because now I am safe from the world, and someone is expecting me. The road is longer than it seems, and it has a slow, gradual slope which makes for a specific Doppler effect—down, then up ... and then I turn into the drive. I have made my way there for 50 years. And so I found myself for the past three weeks writing, researching and worrying with an emotion that I have never experienced before. What are those feelings that a threat stirs in us? I don’t know. I really don’t. A zero-discharge principle for coal ash First published Feb. 24, 2016 By Clay Montague (Editor’s note: Clay Montague is a Camden County residents and an associate professor emeritus of environmental engineering sciences at the University of Florida.) Everybody wants coal ash to be responsibly stored. Effective management minimizes risk to health, property value and ecosystem services. So the question arises: Where should responsible coal-ash disposal take place? Coal ash contaminates water. No matter where done, storage in a lined landfill is better than leaving a pile connecting directly to ground and surface waters. Coal-ash disasters happen (Google it). A zero-discharge principle means that the pollution from manufacturing is stored and managed at the site where produced. It’s a good solution for many pollutants–part of a sustainable business plan for environmental management. Zero discharge puts the environmental risk closer to those who benefit from the process that caused it. In contrast, exporting coal ash transfers the risk while retaining the benefit of plentiful and cheap electricity close at hand. No wonder the producing communities would rather export the pollution. Zero discharge puts a stop to that. Cost savings accrue from close proximity. Electricity is conserved when used close to its source–less is lost when transmission lines are shorter. Moreover, both the energy production and the pollution disposal create local jobs. With a zero-discharge policy, both are held close to the source. Storage of coal ash in a lined landfill in which the leachate is collected and processed as industrial wastewater is an appropriate method of management. It can be done safely–environmental professionals know how–but it is not without risk. Landfill leachate is the tea made when rainwater steeps amongst the contents. The leachate from coal ash is toxic. The lining holds the leachate, but linings sometimes leak. Leachate can also spill during transfer to a treatment plant. In severe cases, contaminated water can move into shallow wells and rivers. With proper landfill construction and management, the risk to people, fish and wildlife is low compared to storing coal ash in unlined piles. Nevertheless, risk remains. Should that risk accrue to people far from the source of production? In Georgia, present federal and state regulations do not require zero discharge of coal ash from power plants. So how can local citizens go a step further to insist on a more sustainable practice for everyone? The citizens of just one county could decide to prohibit the importation and storage of coal ash that was not produced within their county. At the same time, they could resolve to properly store coal ash that is produced within their own county. This two-pronged approach is both precautionary and responsible. When the citizens of one county pass a law such as this, people in adjacent counties may be moved to follow. They may see protective value in the law and vulnerability without it. Eventually the daisy chain of county laws leaves only one alternative for coal ash: to be managed closer to where it was generated. In this manner, a de facto regional practice may emerge, county by county, that effectively implements something like a zero-discharge policy. But even if that ideal never materializes, every county that makes the law will better protect itself. Will you start the chain in your county? 16 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH OPINION No, thanks, we don’t want your toxic trash First published Jan. 20, 2016 If a sledgehammer had been slammed on my thumb, I couldn’t have yelped any louder. And that was just thinking of the possibility that coal ash, a life-threatening pollutant, was going to be dumped into Wayne County. No. No. No. And hell no! Pardon my language. But if you aren’t cussin’ mad about the idea of our backyard being turned into a dump so someone else can get rid of what they don’t want in their backyard, well, what does it take to get smoke coming out of your ears? Before you go to sleep tonight, you need to peruse an article in Environmental Health News by Brian Bienkowski. (http://www.environmentalhealthnews.org/ehs/news/2016/jan /coal-ash-environmental-justice-epacivil-rights) If you don’t have Internet service, stop by The Press-Sentinel. We will give you a copy of the story. Here’s a hint—from Environmental Health News—of what should give you nightmares: “There are about 200 sites nationwide where coal ash has tainted air and water. The most recent disaster was in 2014 at Duke Energy’s Dan River Steam Station in North Carolina where 39,000 tons of coal ash and 27 million gallons of wastewater My Opinion ▼▼▼ gushed into the Dan River. … Catchment areas leave those (people) nearby subject to leaks, discharges and spills.” So I ask, “Why would DINK we want our NeSMITH quality of life Chairman and our natural resources put at that kind of risk?” The company proposing to contaminate our county with this nasty stuff is Central Virginia Properties of Spartanburg, S.C. The company’s application to the U.S. Corps of Engineers seeks to haul in trainloads of coal ash and pile it in an area between U.S. 301 South, Broadhurst, and U.S. 84, Screven. Let’s hope our federal government is looking out for us. Let’s also hope the feds will listen: “We don’t want our lives and our environment endangered by carpetbagger-like profiteers.” Wayne County commissioners were unaware and blindsided by this proposal, until The Press-Sentinel shined some light into this dark and dangerous corner. Your newspaper’s roots go back to its 1865 founding. You have our promise that we will do everything we can to follow this issue and keep you informed, now and for the next 151 years. We are pleased our commissioners are rallying to see what they can learn. I hope this frightening plan gets road-blocked before it’s too late. Are you fired up yet? If not, read John Grisham’s Gray Mountain. It’s a novel, but the facts are scary, very scary. The arrival of coal ash in our community brings no good news, even if it meant 500 jobs. And it won’t. What they want is to dump on us and cram their pockets with cash. With potential new neighbors like that, who needs enemies? If Republic Services, operator of the Broadhurst Landfill, is behind this ploy to bring these harmful materials here, we need to know. And if that’s the truth, shame on Republic. The possibility of dumping coal ash is a bait-and-switch tactic that makes no sense at all for the citizens of Wayne County. Evangelist Billy Sunday once said, “Very few souls are won after 20 minutes.” I’m done preaching—for now. And I hope you, too, are mad enough to make even a preacher want to cuss. But let’s don’t just fuss and cuss. Let’s do whatever it takes to stop these unwelcomed trainloads of polluted filth. [email protected] (For more commentaries, go to www.dinknesmith.com) Can you smell money swirling about landfill plan? First published Jan. 27, 2016 If your nose is wrinkling over the landfill controversy in the south end of our county, keep sniffing. You’ll smell more than the mounds of big-city garbage and coal ash that could be headed our way, trainload after trainload. What you are whiffing is the influence of money at work. Unless the U.S. Army Corps of Engineers halts Republic Services’ application to transform one of our wetlands into a massive railyard, our people and our environment are about to get railroaded into a gamble that isn’t worth any amount of money. Yeah, yeah, yeah. I know. There are state and federal regulations that are designed to protect us. Up in Michigan, ask the people of Flint how much good those laws did in keeping their drinking water safe. “But that’s different,” you argue. Not really. Contaminated water is contaminated water. The Broadhurst Environmental Landfill—operated by Republic Services—sits atop two of the best underground water sources anywhere: the Florida and Ocala aquifers. Those enormous underground streams are out of sight, but they should never be out of mind. What’s very much in sight of the l andfill are the headwaters of the Penholloway Creek. That black-water stream crosses under U.S. 301 South and weaves its way through the wilderness to the Altamaha River that drains into the Atlantic Ocean. The Titanic was “unsinkable,” but it sank. One puncture or breach in the government-approved, not-supposed-to- My Opinion ▼▼▼ leak pits in Broadhurst, and neither apologies nor fines will make the contamination go away. So how did we happen to get a private regional landfill in Wayne County? Your nose will lead you to the answer. It’s the smell of DINK money—lots of it— NeSMITH that seduced our Chairman commissioners in 1992 to strike a deal with Addington Environmental. Rather than having to hassle with our garbage, an outside waste management company got a contract to handle it for us. What seemed to be a windfall for Wayne also opened the door for outside garbage to be dumped here—for a fee. Have you driven past our Mount Trashmore on the Broadhurst-to-Screven road? If the Corps approves the railyard application, we could have a mountain range of trash in the piney flat woods. We will likely become the city dump for the likes of New York, Boston and Philadelphia. And that’s not to speak of the trainloads of coal ash coming from such places as North Carolina that woke up and prohibited coal ash from being deposited in their open containment ponds. Georgia needs to get busy on similar legislation. In the meantime, Republic—under the name of Central Virginia Properties, LLC—almost sneaked past the community “The nation behaves well if it treats its natural resources as assets which it must turn over to the next generation increased, and not impaired, in value.” Theodore Roosevelt with its Corps of Engineers application. Instead, a pesky reporter from The PressSentinel started asking questions. Last week, Republic met—behind closed doors—with three of our commissioners, hoping to seduce them to get on board with their landfill expansion plans. I am pleased Chairman Kevin Copeland and Vice Chairman Ralph Hickox have been vehement in their opposition. I am anxious to see how commissioners Boot Thomas, Shag Wright and Mike Roberts stand on this. Republic figures the promise of trainloads of money into public coffers will make Wayne County accept the risks—now and forever. Here’s what I said to one commissioner: “If you and I wanted to just make money, and we were willing to gamble with our freedom and reputations, we could peddle pornography or traffic dope. Until we got caught, we’d be getting filthy rich. But no, thanks! I feel the same way about taking environmental risks that will affect generation after generation.” No, sir! You could stack money as tall as that trash mountain at Broadhurst Environmental Landfill, and the deal would still stink. And I hope that’s what your nose tells you, too. [email protected] Will Wayne County become a trash can for East Coast? First published Feb. 3, 2016 Back in the pre-PVC days, when plumbers toted monkey wrenches, Junior Burns took me to school. Cranking a galvanized pipe, underneath our 100-year-old house in Jesup, Junior lectured: “The first two things you learn in plumbing are that the hot water goes on the left, and the stuff flows downhill.” Junior is gone, but those rules still live. If Republic Services gets its wish, mega tons of stuff—municipal garbage and toxic coal ash—will be flowing downhill from the East Coast into our piney woods. We already have a mountain of garbage at the private Broadhurst Environmental Landfill. If Republic’s application to destroy a wetland tract and install a massive rail spur is approved, we could have a mountain range on its 2,000-plus acres. Let me repeat: 2,000-plus acres in leaks-like-a-sieve sandy soil, near the headwaters of the Penholloway Creek that flows into the Altamaha River that empties into the Atlantic Ocean. Republic tells us its landfill liners won’t leak. Won’t leak, ever? In 1991 and 1992, when our commissioners were seduced by the promise of big, My Opinion ▼▼▼ bonus money into the county coffers, do you think they ever imagined the possibility of a 2,000-plus-acres national landfill? The easy thing would be to lambast their lack of foresight. That won’t help. The unintended consequences are the same. DINK In 2016, the hard NeSMITH thing is what we must Chairman do if we care about our families and generations to come. We must stand our ground and resist Republic’s urge to make us the East Coast’s trash can. There’s money in garbage disposal, and there’s even more money in getting rid of coal ash. We cannot become environmental prostitutes, accepting Republic’s payments for dumping toxic trash on us. Shame on us if we sell out for any amount of money. The future of our heirs should be priceless. And then there’s the railroad that stands to reap rewards for our misfortune, should the Corps of Engineers permit Republic’s rail-spur request. Jesup, originally known as Station Number 7, was labeled as a town built by trains. Wouldn’t it be a travesty if a railroad profited by making our community sick from hauling in unwanted pollution? We are proud of our rail heritage, and we need rail service. We also need the railroads to look out for our best interest, too. There’s a long list of bothersome issues in this scheme to bring unhealthy waste into Wayne County. Near the top is how a taxpayerfunded watchdog, the Environment Protection Agency (EPA), could be induced to reclassify coal ash as nonhazardous. Coal ash contains a string of toxic components such as mercury, arsenic and lead. Ask the poisoned people in Flint, Mich., if lead in their water is nonhazardous. After nearly 50 years of watching laws ground into being in sausage-mill fashion, I have a hunch as to why the EPA did what they did last fall. Lobbyists for coal-ash creators, with bottomless expense accounts, got their lawyers to “help” draft more lenient rules for coal-ash disposal. Money talks in Washington and Atlanta, just as it did here in the 1990s. In the meantime, perhaps the EPA would demonstrate how safe coal ash is by sprinkling some on their breakfast cereal and stirring it into their morning coffee. Don’t expect the EPA to do that, but you can expect Republic to find a way to spin its story of how buying 2,000-plus acres wasn’t to create an East Coast trash can in Wayne County. Heed Junior’s words, if not mine. If we don’t throw a monkey wrench into Republic’s plan, the toxic stuff will be flowing downhill by the trainloads. [email protected] “Coal ash contains a string of toxic components such as mercury, arsenic and lead. Ask the poisoned people in Flint, Mich., if lead in their water is nonhazardous.” Saturday, March 12, 2016 The Press-Sentinel 17 SPECIAL REPORT: COAL ASH OPINION Semantics can’t twist Wayne’s danger of becoming a toxic-trash dump First published Feb. 10, 2016 My Opinion ▼▼▼ Semantics. That’s the weapon Republic Services is wielding in the backlash over toxic trash that has been dumped in the Broadhurst Environmental Landfill. “There has not been a spill,” Republic’s public-relations consultant contends. Spill or leak, dangerous stuff seeped into Wayne County’s soil and put our good people and our environment at risk. Semantics is a fancy way to spin words. Big companies and politicians are masters at semantic warfare. But here’s the way I see this hair-splitting of words, as it regards to the health of our community. You can put a tutu on a pig, but you won’t make it a ballerina. After all the wordplay posturing, you will still have pork chops with four hooves and a curly tail. Many people like pork chops, bacon, sausage, barbecue, and, by all means, an Easter ham. I know of no one who would lick their lips to eat hog meat that, in its previous life, had wallowed in beryllium, mercury, lead or arsenic-tainted mud or slurped Penholloway Creek water that was downstream of a coal-ash dump. Wayne County, I love you. From the moment Dr. Alvin Leaphart Sr. grabbed me by my heels and spanked my bottom in 1948, I have been grateful my first breath was taken on the corner of Macon and Cherry streets in downtown Jesup. And there’s nowhere in the world that I travel that I don’t let people know where my roots are planted. I could live in Hong Kong, and if someone asked me where I’m from, I’d say— proudly—“Jesup, Ga.” I love my hometown, its people and its environment. When our business grew over multiple states, our family sat around the supper table—night after night—discussing and praying about our future. Alan, Emily and Eric were still at DINK home, and I didn’t want NeSMITH to miss one moment of Chairman those years. Unanimously, we voted to relocate to Athens as our geographic center. After I left Ninth Street, my parents joked, “We see more of you now than we did when you lived across the street.” That was true. And 26 years later, I spend as much time as possible in Wayne County. I’d rather be with family and friends in the Altamaha River Swamp than anywhere on the globe. I can walk you to my favorite spot, overlooking an elegant cypress tree that was growing long before Christopher Columbus discovered America. And some of the cypress trees could have been here when Jesus prayed in the Garden of Gethsemane. No one in our family is expecting a trust fund to be left for them. However, my dream has been to leave them a slice of Wayne County’s heaven, along the Altamaha, that is permanently protected through conservation easements. This way, 100 years from now, “You can put a tutu on a pig, but you won’t make it a ballerina. After all the wordplay posturing, you will still have pork chops with four hooves and a curly tail.” heirs can’t be tempted or seduced by oil wells, strip mines or landfills. My people, like many of yours, came from hardscrabble upbringings during the Great Depression. My widow-farmer grandmother was as earthy and country as a bowl of collard greens. I adored her. And when I was about 7, we were standing at her Baker County barnyard gate. After streaming strawberry snuff over the fence, Nanny pointed to a bantam rooster defending his hens from a bigger rooster. “That banty rooster reminds me of my daddy, your great-granddaddy,” she said. “He was little, but he was as tough as a pine knot. Nobody bullied him. If somebody tried to push him around, he’d pick up a lever (stick) and knock the hell out of ’em. Honey, don’t ever let anybody push you around.” There’s no way semantics can twist these words: Wayne County, I love you. And as long as Republic, a multibillion-dollar conglomerate, threatens to make our community a toxic-trash dump, I am going to be swinging my lever. [email protected] Let’s not get addicted to coal-ash money First published Feb. 17, 2016 My Opinion ▼▼▼ Shhhhhh. Listen. Over the whispering wind through the pines of Wayne County, I hear something. The sound is soft—this far from Arizona. But in my mind, the noise of clinking cocktail glasses is distinct. Bosses at Republic Services, the Phoenix-based national waste giant, have to be toasting themselves for being slick enough to slip into our community and snare a sweetheart deal—almost unnoticed. Private landfill companies are notorious for targeting rural communities, hoping local decision-makers will accept “easy money” for dumping privileges. Waste-management companies have a history of preying on cashstarved, minority-dominant communities such as Uniontown, Ala. Unless we fight, Wayne County’s contaminated fate could be similar to Uniontown. Republic almost got away with the same tactic here. “Almost” is a key word. Except for a handful of people, our community was almost blindsided by quiet maneuvers that almost railroaded our community and its environment into a dangerous spot, almost before we had a chance to react. Finger-pointing is an act of futility in this conspiracy-like predicament. Snookered or not, we must focus on stopping toxic coal-ash trains headed our way. Now that public outcry has reached deafening decibels, the rumor mill has cranked up. Listen to what the fearmongers are hurling at us: •If Wayne County rejects the coal ash, Republic will take the waste and its millions DINK down the road to NeSMITH Brantley County. Our Chairman environment will still be affected, but our next-door neighbor will get the money. In Chicken Little fashion, they are telling us that property taxes will rise if we don’t have Republic’s money. Wayne County lived without Republic money before. We can live without it again. Boo, that shouldn’t scare us. •If the Wayne County commissioners oppose Republic’s railyard plan, the company will contend the county breached its muchamended contract. If Republic wins that argument, Wayne County will be without a place to dump its trash or the money Republic pays the county to dump whatever it wants in the Broadhurst Environmental Landfill. Boo, that shouldn’t scare us. for a closer look. Then, Erk plopped a rat•Some officials and lawyers are contendtlesnake on the table. Horrified Eagles flew ing, “There’s nothing we can do. We’re handbackwards. “That’s right, men,” he barked. cuffed, and we can’t stop Republic’s rail-spur “Cocaine will kill you, just like this ratapplication.” Boo, that shouldn’t scare us. tlesnake. Stay away from both!” Republic has not Coal ash, like cobeen forthright caine, in a little pile with us, and there doesn’t look threatare legal chinks in ening. But if we this Goliath’s allow Republic to armor. dump mountains of These rumorit into our commupropelled myths nity—by the toxic cause concern, but trainloads, courtesy I am not intimiof CSX—coal ash dated. I think of a will sink its poisostory about the late Except for a handful of people, our nous fangs into our Erk Russell, leghealth forever. community was almost endary football If we don’t stand blindsided by quiet maneuvers coach. When the up to protect our bald-headed defenpeople and our enthat almost railroaded our sive genius, archivironment, Wayne community and its environment tect of the Bulldogs’ County’s budget is Junkyard Dog into a dangerous spot, almost be- destined to be adswagger, moved dicted to coal-ash fore we had a chance to react. from Athens to money. We’re in Statesboro, he hudjeopardy of selling dled his Georgia Southern Eagles in a circle. our souls—like the now tormented people of As the story goes, Erk piled a mound of Uniontown—to an environmental devil—coal white powder on a table in the middle. In his ash. Heaven help us if we don’t say, “NO!” signature gruff voice, he said, “This, men, is But if we give up, boo! cocaine. Drugs are dangerous. Stay away Now, that does scare me. from drugs.” Curious, his team crowded in [email protected] Why should we trust Republic now? First published March 2, 2016 When’s the last time you took a rollercoaster ride? Up, down, up, down and twist sideways. Oops, I think I’m going to throw up. Remember those feelings? That’s how I feel right now about this threatening coalash dumping. Since I learned Republic Services was plotting to sneak a rail-spur application past the people of Wayne County, it’s been an emotional rollercoaster ride. I have never seen this many worry lines on my hometown faces. Even school-age children are asking how to help stop the dreaded trainloads of toxic coal ash. Folks, we have a crisis. It’s time to plumb the depths of our minds, souls and resources to galvanize our resolve to stand up against Republic’s poisonous scheme to pollute our future. The risk is too great for any amount of money. Some days, I sense emotions are higher than high. Pure fear and determination underscore the battle cry. Other days, spirits plummet, just like a roller-coaster car rocketing out of the clouds and into an amusement-park canyon. If we plan to keep Republic from turning our community into an environmental prostitute, we might throw up in the tussle. But we cannot give up. Republic chose one of its unknown entities, Central Virginia Properties LLC, to seek the Corps of Engineers permit to destroy wetlands for the sake of a mile-long rail spur. The proposed infrastructure will My Opinion ▼▼▼ accommodate a 100car train loaded with municipal garbage from the likes of New York City or—worse— 100 cars brimming with toxic coal ash. Just as vivid as the roller-coaster memories are Sunday school lessons about the importance of DINK trust. One of my faNeSMITH vorite illustrations is Chairman from Luke 16:10 (NIV): “Whoever can be trusted with very little can also be trusted with much, and whoever is dishonest with very little will also be dishonest with much.” Eleven years ago, our leaders trusted Republic with its proposed amendments to the waste management agreement. The April 19, 2005, authority minutes state: “John Simmons explained that it has been ten years since the agreement between Solid Waste Authority, Republic and Wayne County Commissioners. Mr. Simmons says just some cleaning up, deleting clutter and streamlining has been done to the agreement and that basically nothing has changed.” Now, you tell me. Where’s the truth in “basically nothing has changed?” We may have been snake-oil snookered in 2005, but nothing today suggests we trust Republic until—get this—2054. That’s how long the new “cleaning-up” contract binds “Whoever can be trusted with very little can also be trusted with much, and whoever is dishonest with very little will also be dishonest with much.” --Luke 16:10 (NIV) our county. “Deleting clutter,” baloney! The “streamlining” is really “railroading,” as in Republic’s we-hope-you-don’t-notice plan to pollute our community with as many as 100 railcars of coal ash per day. And then there’s Republic’s infamous, don’t-tell-anybody-but-the-EPD leakage of poisonous metals into our soil and groundwater several years ago. We still wouldn’t have known about it if a reporter hadn’t dug through 1,000 pages of EPD reports. Thanks to Rep. Bill Werkheiser, a law is in the making to require public notice of future spill/leak mishaps. Next, wouldn’t it be great if there could be a law to prohibit out-of-state coal ash from being dumped in Georgia? While we were “trusting” Republic, it was adding another 2,000 acres to its landfill holdings. Add to that the scheme to build a railyard and bring coal ash from anywhere in the country. Until recently, most people in Wayne County—including our leadership—were clueless about the dangers of coal ash. Now, we know. Now, we have a chance to fight back. Remember this old joke? “Do you know the difference between love and herpes? Herpes is forever.” Republic “loves” Wayne County enough to inflict us with coal-ash herpes—forever. Excuse me. I think I am going to throw up. [email protected] 18 Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH OPINION Randall isn’t only one who is worried First published March 9, 2016 Randall Aspinwall and I go back to the glory days of The Pig. Randall and his parents, Sine and Vada, were on one side of the counter. I was on the other side, spinning on one of those tall, rubyred, vinyl-topped stools, closest to the open pit. It was there my life-long love affair with hickory-smoked pork began. I’ve sampled barbecue across America. I always compare it to my first bite at the Aspinwalls’ restaurant, a must-stop for travelers in U.S. 301’s heyday. And when my cell phone vibrates— flashing Randall’s number—I’m eager to hear what my friend has to say. Somewhere in the conversation, The Pig will get a mention. Before long, we’ll review what’s happening on the Altamaha. Not too deep into the visit, we’ll reminisce about our late football coach, Clint Madray. Big Clint put hair on our teenage chests while teaching us the value of “having guts.” We played better teams, but no one outhustled the Yellow Jackets. One of his make-a-man-out-of-you drills was Blood on the Moon. Players got into a down stance on either end of a 12-foot plank. When the whistle My Opinion ▼▼▼ blew, the two charged each other. The object was to see who could push whom to the end of the board. “I don’t want to see nothing but elbows and bleep-holes!” our coach would growl. DINK And if somebody NeSMITH didn’t show enough Chairman guts, he’d roar, “Even a dead man has one more step!” Recently, Randall called. We warmed up on barbecue, football and river talk. Then, his voice shifted to a serious tone. “What about this coal ash?” he asked. I’m no scientist, but I told him what I had read and heard. “I’m having trouble sleeping, just thinking about how bad this will be for Wayne County,” he said. Just as his brothers, Al and Mike, were, Randall is a gifted craftsman. Sine and Vada’s boys grew up unafraid to get their hands dirty. Today, Randall, a Rayonier retiree, is one of the go-to men if you want a shallow well. Over the years, he’s put down hundreds of the wells. inexpensive water sources. “Not everyYou can be confident, with the bilbody can afford a $5,000 deep well,” he lions in resources available to Repubsays. So, people opt for the economical lic Services, the landfill owner has solution—a shallow found a busload of well. paid experts to tsk, “Now, Randall frets Now, Randall tsk at Randall’s frets about the conHe is not about the contamination worries. tamination that alone in his worthat could come from the ries. If “money could come from the Broadhurst Enbig money Broadhurst Environmen- talks,” vironmental Landshouts! I am suspital Landfill. He fears the cious about the apfill. He fears the coziness of toxic heavy metals toxic heavy metals in coal parent companies such as in coal ash will find ash will find a way into Republic with our a way into shallowenviwell water, the shallow-well water, the government’s ronmental regulawater thousands of water thousands of tors. Here’s an exWayne Countians If I am drink. Wayne Countians drink.” ample. wrong, how did To understand toxic coal ash get how close to the downgraded to a nonhazardous matersurface the water table is, especially in areas such as Broadhurst, all you need is ial? Like Randall, I’m having trouble a piece of pipe and water gushing from a garden hose. In fewer minutes than feet sleeping these days. Coal ash is our “Blood on the Moon,” 50 years later. But to go down, you can wash down a shaleven when I die, I’ll have one more step low-well casing in a jiffy. I’m no Aspinto fight for Wayne County. wall, but even I have accomplished that [email protected] in our sandy dirt. That proves whatever (Visit dinknesmith.com for more comspills into our leaks-like-a-sieve soil mentaries.) won’t take long to get into the shallow A timeline of Republic Services' rail-yard proposal 1984--The Resource Conservation and Recovery Act of 1976 is updated to include new restrictions on Subtitle D landfills for disposal of nonhazardous waste. 1991--Local officials and representatives of Addington Environmental begin negotiating specific terms for construction and operation of a privately owned and operated Subtitle D landfill in Wayne County. 2014--The landfill stops accepting coal ash from Jacksonville. Jan. 4, 2016--Republic, through its subsidiary Central Virginia Properties, applies to the U.S. Army Corps of Engineers for a permit to build a rail yard that could accept whole trainloads not only of household garbage but also of coal ash. The Corps sets the deadline to receive public comments as Feb. 3-though the permit application itself is never advertised. 1992--The Wayne County Board of Commissioners, the Wayne County Solid Waste Authority and Addington Environmental sign a pair of agreements govern- Jan. 13, 2016--The Press-Sentinel breaks the story ing the operation of a regional landfill near Broadof the permit application. hurst. Jan. 30, 2016--The Press-Sentinel reports that the 1994--The newly constructed landfill opens. Army Corps of Engineers has extended the publiccomment deadline to March 4. 1996--Republic Services buys Addington Resources, the parent company of Addington Environmental. Feb. 5, 2016--The Atlanta Journal-Constitution breaks the story of the leakage, which had never 2002--Republic buys the 902-acre landfill property been publicly reported by either Republic or the EPD. from the Solid Waste Authority for $10. Feb. 10, 2016--In response to news of the leakage, 2004--Republic buys an additional 517 acres in the State Rep. Bill Werkheiser announces that he will file landfill area. legislation to require that such leaks be reported locally. 2005--The County Board of Commissioners, the Solid Waste Authority and Republic sign amended landfill Feb. 27, 2016--The Press-Sentinel reports that the agreements that supersede the 1992 agreements. Army Corps of Engineers has again extended the public-comment deadline, this time to April 5. 2006--The landfill begins accepting coal ash from the Jacksonville Electric Authority. Feb. 29, 2016--Rep. Werkheiser's bill passes the House and heads to the Senate. 2008--Republic buys an additional 834 acres in the landfill area. March 16, 2016--The Wayne County Board of Commissioners hosts a public meeting on the rail-yard 2011--Leakage of toxic heavy metals is detected at proposal with representatives of the Army Corps of the landfill. Engineers and Republic; EPD representatives are also scheduled to be present. 2012--The Georgia Department of Natural Resources' Environmental Protection Division becomes April 5, 2016--The public-comment period on the railaware of the leakage and requires a cleanup. yard permit ends. Saturday, March 12, 2016 The Press-Sentinel SPECIAL REPORT: COAL ASH OPINION COAL-ASH/RAIL-SPUR PUBLIC MEETING March 16 • 7 p.m. at Coastal Pines Technical College Auditorium This is an opportunity for the community to ask questions regarding the coal-ash issue and the plans for building a rail-spur at the Broadhurst landfill. Representatives from the U.S. Army Corps of Engineers, the Georgia Environmental Protection Division, and Republic Services will be available. Hosted by Wayne County Commissioners 19 20 Saturday, March 12, 2016 The Press-Sentinel COAL-ASH/RAIL-SPUR COAL-ASH/RAIL-SPUR PUBLIC PUBLIC MEETING MEETING March 16 7 p.m. at 1777 W. Cherry St., Jesup Coastal Pines Technical College Auditorium This is an opportunity for the community to ask questions regarding the coal-ash issue and the plans for building a rail-spur at the Broadhurst landfill. Representatives from the U.S. Army Corps of Engineers, the Georgia Environmental Protection Division, and Republic Services will be available. Hosted by Wayne County Commissioners