KDHE Home - News 2003 - News Release
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RODERICK L. BREMBY, SECRETARY |
K A N S A S DEPARTMENT OF HEALTH AND ENVIRONMENT |
KATHLEEN SEBELIUS, GOVERNOR |
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KDHE to Suspend Review of Harper County Landfill Application
Judge’s Ruling Makes Application Invalid
The Kansas Department of Health and Environment (KDHE) will suspend its review of an application for a municipal solid waste landfill in Harper County. This action follows a Harper County District Court ruling last week.
While the application from Waste Connections included certification that the proposed solid waste disposal area was consistent with local land use restrictions or zoning, the Honorable Robert J. Schmisseur, Harper County District Court declared the zoning invalid. The district court held that due process was denied at a zoning hearing held by the Harper County commissioners for the proposed landfill site.
“It is necessary to stop the review of the landfill application to ensure KDHE is acting within the requirements of state law,” said KDHE Secretary Roderick Bremby. “Kansas law does not allow review of an application for a solid waste permit, unless KDHE has certification by the county that the zoning is appropriate for a landfill.”
Review of the landfill application will resume if KDHE receives a subsequent certification from Harper County officials that the zoning is valid for a solid waste landfill, or if a subsequent court ruling determines the original certification was valid.
KDHE received the original application August 12, 2002, began reviewing those documents, and held a public meeting and hearing in early April. Following the hearing, KDHE began reviewing comments and conducting further research to answer those comments. Based on the district court’s ruling, that process will be suspended. However, KDHE will complete the organization and cataloguing of the public comments received to ensure the process may be resumed should the zoning issue be resolved.