County approves settlement agreement for landfill
Staff reporter
After more than five years of negotiating, Marion County Commissioners approved a settlement agreement with Marion County Landfill, Inc. (MCLI), MSW, Inc. and individuals associated with the companies.
An additional 80 acres will be deeded to the county to be used as a buffer for the abandoned landfill. The ground also may be utilized for the closing of the landfill.
An escrow account will be set up with $20,000 from the named companies and individuals to be used by the county for engineering costs associated with the closure of the landfill.
The approval was contingent on the completion of a title search regarding the additional 80 acres the county will acquire.
In addition to the two companies, the individuals named in the agreement are Stephen Grosse, Melody Grosse, William Grosse, Shirley Grosse, Amy Bayes, Kelly Bayes, Candace Green, and Patrick Green.
Commissioners approved the agreement following a 20-minute executive session with the county's attorney James Kaup, and attorney Steve Pigg, representing the county's insurance company.
"This agreement will likely bring this matter to an end," said Kaup. "I'm pleased that the commission signed off on this agreement."
Kaup also commended Pigg and the commissioners for their participation in the process.
"The whole issue has been a very divisive and hurtful issue," said Kaup. He commended the commission for "seeing it to a conclusion as favorable for the county and the taxpayers.
"Hopefully we're closing the book on this issue," Kaup concluded in the telephone conference.
The agreement states the following:
1. MCLI, MSW, Inc., their stockholders and officers will jointly deed to Marion County the 160 acres covered by KDHE Landfill Permit No. 158, located in the SW/4 of section 14, township 20 south, range 3 east.
2. The two companies and individuals will pay the balance due on all mortgages and liens on any part of the 160-acre tract, including a mortgage covering the east 80 acres in the amount of $7,999.36.
3. The companies and individuals also will pay $20,000 into an escrow account to be drawn on by Marion County to offset engineering costs incurred in developing a closure plan and closing the landfill. These funds also can be used for engineering costs already incurred after the court's order entered Nov. 9, 2001.
If any of the $20,000 remains after payment of all engineering costs are incurred, the remaining funds will be returned to MCLI and their stockholders.
4. The commissioners, Marion County Board of Zoning Appeals, Linda Peterson, Bob Hein, Jack Bruner, and all present and former officials, employees, officers, and agents of any of them are released from all claims and potential claims.
5. The county will acknowledge that MCLI is without financial ability to comply with the court's order previously issued in KDHE vs. Marion County and Board of County Commissioners of Marion County requiring closure and post-closure monitoring of the landfill and will assume responsibility for completing closure and post-closure monitoring of the landfill in accordance with the decision of the Kansas Supreme Court.
6. The commissioners, Peterson, and Hein will release and discharge MCLI, MSW, Inc., their officers, stockholders, and employees from all claims and potential claims except any claims based on future discovery of undisclosed hazardous waste illegally deposed in the landfill while owned or operated by MCLI, or its predecessors.
MSW, Inc. is further released and discharged by the commission from any responsibility for future discovery of undisclosed hazardous waste.
7. Agreement is subject to approval by KDHE.
Following the title work, the companies, individuals, and commissioners will sign the agreement.
Plans for closure were not announced.
