HomeMy WebLinkAboutC.054.93009_0652else to do it and then that method was no longer valid. He was
told by the State officials in Mooresville that he could get a
permit and dispose of the soil himself. It took almost two months
to get all the permits. He was advised by the State that he had to
move the soil. He said he has sent samples of the soil in question
to laboratories and the samples have come back negative of
contaminants. He asked the county commissioners to look at it and
take samples. He said he would pay for it again and let them
choose where it was picked up.
If there are contaminants on his property, he did not put them
there. The residents of Park Drive put them there and it has been
going on for over ten years. He distributed pictures showing the
condition of the property and mentioned a letter from David Stewart
of the City of Statesville, where he has been to the site many
times and found truckload after truckload of garbage and paint,
paint thinner, freon, air conditioners, refrigerators, stoves,
etc., dumped down there. Mr. Davis said he has gone to the expense
of removing this debris and hauling it to the landfill and paying
the dumping fee. This is the same premises where they applied the
soil. Mr. Davis said his test indicates there is no contamination.
Mr. Davis said he has built fences --chain link, barbed wire,
etc. He has put up numerous barriers to keep people out, and he
cannot keep them out. If they come on his premises and there is
contamination there that he did not put there, then he does not
feel he is guilty.
Commissioner Hamby asked if when he had the soil tested, was
it tested for heavy metals? A very specific test.
Mr. Davis said he had the same test that was required when it
was taken out of the ground at the specific site, which is called
a pH.
Commissioner Hamby inquired if Mr. Sheeks knows if they have
to test for heavy metals.
Commissioner Madison inquired if the Park Drive Association
also took samples.
Mr. Davis said he met with about 25 people in the community,
near the day care center. They went down to the site and he showed
them where the soil had been spread and landfarmed. He furnished
a shovel and plastic bags and they gathered some samples. He said
he talked with Mr. Sharir and they said they had not had the
samples run. The tests cost about $150.
Mr. Davis says he plans to build a park there for homes. So he
would not be going out there and do something to that soil that
would prevent him from selling it.
Mr. Doug Eisele spoke for Mr. Davis. He thinks this is a
legal question that is not going to be resolved by this board of
commissioners. Mr. Eisele said he advised his client to do what he
did. He mentioned the Interstate Commerce laws and the federal
laws which he believes preempts the local and state laws.
Mr. Eisele said there is no evidence that the soil being moved
was contaminated. The reports on the soil sent for analysis was
that the hydrocarbon was less than 10 parts per million, which is
below the standards promulgated by the federal government in its
definition of contaminated soil. Based on their samples on
September 13, 1994, there was no contaminated soil.
Chairman Haire said since the County already has an injunction
on this matter, the Board should wait until the Judge makes a
decision and go from there.
Mr. David Meacham: He said the Housing Authority is probably
A
SEP 2 01994 633