VA DEQ Sees No Problems with Smith Dump

The Virginia Department of Environmental Quality provided the following report on their inspection of the Smith Dump:

Mr. Haddow, Delegate Marshall:

Thank you for notifying DEQ and expressing your concerns with the operation at Smith Farm.

On Friday, June 24, Dan Demers, DEQ Waste Compliance Inspector, inspected the site and operation and spoke with representatives of Donovan Construction and Smith Farm.

Dan observed the contents of approximately 20 trucks that arrived on-site to dump soils; none of the truck loads contained materials that would characterize the soils as either contaminated soil or as solid waste.  These observations match those made by DEQ in June 2010.  Donovan Construction, and Smith Farm, require haulers of each truck to complete a form stating that the contents are clean fill and they keep a log of any truck that is turned away for unacceptable material.

With these observations, DEQ has no reason to believe that the material being brought to Smith Farm is anything other than clean fill.  As such, the soils are not subject to Virginia’s Solid Waste Management Regulations or DEQ’s oversight.

Please let me, Dan, or Rich Doucette know if you have any questions.

Thank you.

Tom


Dan Demers              Waste Compliance Inspector      daniel.demers@deq.virginia.gov

Rich Doucette           Land Protection Manager richard.doucette@deq.virginia.gov

Thomas A. Faha

Director, Northern Regional Office

Virginia Dept of Environmental Quality

13901 Crown Ct

Woodbridge, VA  22193

703/583-3810

The following response was sent to Mr. Faha:

Mr. Faha:

I am attaching photos of materials that are a part of the landfill on the Smith property that now towers some 30 feet from the original topography of the land.  If you need affidavits from individuals who took these pictures and observed the content of the landfill you have determined to be in compliance with DEQ's standards, then I believe they can be provided.

The pictures speak for themselves.  I would appreciate your specific response to whether the materials shown in the pictures are in compliance with DEQ regulations, and if you believe that to be true, then cite the specific sections of your regulations that allow you to dump rubber-based products, plastics, asphalt and similar debris.  Even if Smith and Donovan have stopped bringing in the non-compliant materials, what has DEQ done to require the removal or mitigation of these obviously non-compliant materials that appear to be under the current landfill from previous loads dumped there?

When I spoke with the DEQ personnel they informed me they would schedule an appointment to visit the Smith Landfill.  Your description of the pre-arranged inspection, including a review of 20 loads and the manifests attesting it is only clean dirt, does not appear to be much of an inspection under the circumstances.

I am also attaching a price sheet that is represented to be a document provided by Donovan Construction where they charge more for loads that contain tires or asphalt.  Are these permitted materials, or considered "clean fill?"

I would appreciate your specific response to these questions.

Best regards,

Mac
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Mac Haddow
mhaddow@comcast.net
703-754-6404