State grants request of Tontitown landfill to accept more construction-related waste over neighbors’ objections

The Waste Management facility is seen July 27, 2021, at the Waste Management Ecovista Tontitown Landfill in Tontitown. 
(File Photo/NWA Democrat-Gazette)
The Waste Management facility is seen July 27, 2021, at the Waste Management Ecovista Tontitown Landfill in Tontitown. (File Photo/NWA Democrat-Gazette)

Northwest Arkansas' only landfill can continue to accept waste from construction and building demolition sites while the appeal opposing any more such dumping is under consideration, the state Pollution Control and Ecology Commission decided Friday.

"We're disappointed in the result, but it's not unexpected," said Richard Mays of Little Rock, attorney for Tontitown residents appealing the commission's decision to approve expansion at the landfill. "This is just one small battle in the war."

The commission approved a permit on March 17 for a 12-acre expansion by Eco-Vista LLC, Management Inc., the landfill in Tontitown owned by Waste Management Inc., of its "Class IV" landfill space. Class IV waste is nonhazardous, sanitary construction and demolition debris such as wood, metal, brick and plaster. Eco-Vista applied for the permit on July 6, 2021. The existing 60 acres of Class IV space is almost full, according to filings in the permit application. Eco-Vista's Class 1 landfill on the same site is for municipal waste.

Eighteen residents in the vicinity of the landfill filed an administrative appeal opposing the Class IV expansion on April 14. Their appeal cites a Nov. 2, 2022, resolution by the city of Tontitown stating the city no longer supports expansion of the Class IV operation. Tontitown Mayor Angie Russell and the city of Tontitown also filed an appeal April 15 opposing the expansion. Both appeals say the landfill is a nuisance to residents and contend the expansion needs the city's support to proceed under state law.

The appeals stopped Eco-Vista from continuing work on the 12-acre expansion until they are resolved under commission rules. This would quickly have the practical effect of forcing Eco-Vista to sharply curtail acceptance of more Class IV debris since the existing 60-acre site is practically full, Michael B. Heister of Little Rock, attorney for Eco-Vista, told the commission Friday. Friday's commission meeting took up Eco-Vista's request to lift the freeze on opening the new 12 acres while the appeal is considered. Eco-Vista requested the action in an April 21 filing.

The closest alternative Class IV site to Benton or Washington counties is in Johnson County, at least a 45-minute drive one way to haul away waste, Heister told the commission. A freeze on accepting Class IV waste would be a serious hardship for builders in thriving Northwest Arkansas and cost Eco-Vista at least $10,000 a day in lost revenue, he said.

Eco-Vista's lack of foresight does not change the law and the law says action is stayed while an appeal is heard, Mays argued. Heister argued the commission can make exceptions. Ross Noland, also of Little Rock and attorney for Tontitown in this matter, argued the appeal process should settle the issue. Allowing Eco-Vista to proceed despite a pending appeal would mean "decisions on this would start rolling downhill," Noland said.

The commission approved Eco-Vista's request to lift the stay on opening the 12 acres by a vote of 11 to 0 with two members abstaining because they knew at least one of the attorneys involved. Charles Moulton, administrative law judge for the commission, said during the meeting a decision on the appeals should be ready no later than August.

Weather permitting, Waste Management expects to complete construction of the additional Class IV space in six to eight weeks, spokeswoman Jennifer McKay said in a statement after the meeting.


Read Waste Managements request to the state Pollution Control and Ecology Commission at:

nwaonline.com/429landfill/

 



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