KDHE Approves Permit For Proposed Landfill in Harper County

The Kansas Department of Health and Environment (KDHE) has approved a permit application from Waste Connections, Inc. for a landfill in an area known as "Plumb Thicket" in northeastern Harper County, approximately 40 miles southwest of Wichita. The proposed landfill meets the requirements of state and federal law.

"This decision follows an extensive review of the proposed landfill by experienced engineers and geologists, both within KDHE and independent of the agency," said KDHE Secretary Roderick L. Bremby. "The review began in August 2002 and has involved thousands of hours of research, analysis, and deliberation."

In July 2003, a court ruling regarding local zoning issues required KDHE to halt its review process. The review resumed after the local zoning issue was resolved in a court ruling in December 2004.

The application process required Waste Connections, Inc. to hire an outside firm employing Kansas- licensed professional engineers and geologists to prepare design and operating plans for the landfill. As part of that work, the firm thoroughly studied local geology to ensure that an adequate groundwater monitoring system will be installed and that construction can occur in a safe manner.

A public comment period was extended and a public hearing on the issue was held to provide the public opportunities to ask questions, raise concerns and offer comments on the proposed landfill. Nearly 300 public comments were received, one of which included a geology report prepared for Sumner County, which commented on the consultant's study, but did not include a site investigation.

"The review of this application included additional information KDHE requested of the applicant, technical reports and input from other state agencies including the Kansas Geological Survey," said KDHE Division of Environment Director Ron Hammerschmidt. "The review also included evaluation of past practices by Waste Connections, Inc.'s other Kansas facilities, as well as their ability to do business in Kansas."

The proposed landfill will be built on 229 acres owned by Waste Connections, Inc. The Chikaskia River is 1.7 miles northeast of the proposed landfill site at its closest point. Surface water and groundwater flows southeast from the landfill. The distance to the river in this direction is approximately three miles.

Before approving a landfill permit, KDHE must ensure the permit meets all local, state, and federal standards to protect the soil, groundwater, and economic interests of Kansans. The proposed facility meets these requirements. Specific requirements of this facility (as with all Kansas landfills) are outlined below:

• This landfill must be designed and constructed to minimize the potential for releases to the environment. Key design features include: a multi-layer composite liner consisting of high density polyethylene (HDPE) sheeting above two feet of compacted clay; a drainage layer above the liner allowing leachate to flow to collection sumps; and a protective layer to avoid liner damage. The HDPE layer is thick plastic (60 mils minimum), which is equivalent to about 120 leaf bags.
• The landfill must be built at least 150 feet from the edge of the disposal area to the property boundary. Waste Connections plans to build the landfill 1,000 feet from the property line in the direction that groundwater flows as an additional safety factor. The landfill will be built on low permeability bedrock, called siltstone, after nearly all materials above the bedrock are excavated. Water moves very slowly in this bedrock (only a few feet per year).
• The landfill must have a groundwater-monitoring program to detect any potential releases. Many wells will be installed within the 1000-foot on-site buffer zone, in the bedrock, to detect any possible releases from the landfill. Waste Connections will sample wells and surface water a minimum of two times per year and KDHE will periodically takes samples at the same time to ensure that proper sampling and analysis methods are being followed. This is called "split sampling."
• The landfill must satisfy numerous operating requirements to protect the environment and minimize nuisances. Some key requirements include storm water run-on and runoff controls, waste screening, methane gas monitoring, leachate collection and management, litter controls, and covering waste daily to minimize odor, vectors and litter.
• The landfill must provide financial assurance for closure activity and post closure care for a minimum of 30 years to protect Kansas taxpayers from any liability.
• Additional special conditions are outlined in the permit specific to the location of this landfill. Special conditions are standard for all Kansas landfill permits.

Waste Connections, Inc. has met all of the requirements set forth in state laws and regulations to obtain a municipal solid waste landfill permit. State law is clear that if requirements are met, the Secretary shall issue a permit. The permit will become final after Waste Connections completes standard administrative requirements. These include the activation of bonds for financial assurance, filing of a restrictive covenant with the Harper County Register of Deeds, and signing a certification statement that the company agrees to comply with all permit conditions.

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