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State Will Fine Clay County $155,000 for Illegal Dumping It's Less Than Anticipated, but There's Still the $8.8 Million Cleanup Cost.

Posted on: Friday, 7 October 2005, 18:00 CDT

By BRAD SCHMIDT

Clay County will be fined about $155,000 for its illegal dumping scandal that violated nearly two dozen laws, according to a state proposal given to the county Friday.

The state Department of Environmental Protection submitted consent orders that would require the county to clean up seven contaminated sites within six months. County commissioners have 30 days to agree to the proposal, which would allow workers to begin a cleanup effort expected to cost $8.8 million.

"Clay County was facing literally millions in potential fines for the illegal dumping that occurred," commission Chairman George Bush said in a statement to commissioners. "I personally feel DEP was very supportive in the county's pro-active actions to identify all dumping and to do the right thing and make a complete cleanup a top priority.

The county also faces fines of $1,000 per day should it not meet certain time-sensitive conditions imposed by the proposal. In some cases, the county must give state officials notice so they can observe waste removal.

County officials could opt to complete a $225,000 Environmental Protection-approved project instead of paying fines, agency spokeswoman Jill Johnson said.

"I think the fees are still very substantial," she said. "We took this very seriously. The department is obviously concerned about the illegal dumping that occurred in Clay County."

During site inspections in March and June, state officials found an assortment of solid waste, including: yard, construction and demolition debris; tires, car parts and gas tanks; telephone poles, metal piping, televisions and furniture. Wetlands also were dredged and filled without state authorization.

The state provided county officials with staggered deadlines for the cleanup projects. Sites with minimal contamination -- Blue Jay Road and High Ridge Estates -- must be cleaned by the county within 30 days of an agreement. Locations with waste and wetlands concerns - - Nolan Road Pit, Sleepy Hollow Road and Masters Road -- have deadlines of 90 days and 180 days.

The county would receive its highest fine, $40,000, for dumping that occurred at Knowles Pit Road. Environmental Protection will charge the county $9,750 for expenses incurred during the seven- site investigation, costing the county $154,750 including fines.

Bush told the Times-Union that the county will negotiate with the Department of Environmental Protection about some details: for example, whether the government owns a small piece of property in Keystone Heights where dumping occurred.

With the projected cost of the cleanup, Bush said he's relieved officials didn't levy higher fines on taxpayers.

"This has been a very difficult year," Bush said. "Had it cost one penny, or no fine at all, it's still a black eye on county government."

Environmental Protection inspections and criminal investigations by state and federal agents became public in March. County Manager Bob Wilson and Public Works Director Arthur Ivey resigned the following month.

The state's criminal inquiry is nearly complete, State Attorney Harry Shorstein has said. The FBI will not release any specifics of its investigation.

Clay County's auditor also is investigating how breakdowns in government led to the illegal dumping scandal. A county grand jury will review the audit, which should be completed this year.brad.schmidt@jacksonville.com, (904) 278-9431, extension 12

Source: Florida Times Union

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