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| Debate over Turley Rd. project continues |
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5/21/2015
By Tom Marshall
Senior Advocate writer
Third time wasn’t the charm for the Montgomery County Citizens for a Clean Environment when it comes to getting the Fiscal Court to do something about proposed septage lagoons on Turley Road.
More than 40 members of the group went before the court Tuesday for the third time in a month asking that it take action to stop the lagoons from ever operating.
Brent Setters of Setters Septic Tank Service started construction recently on two septage lagoons on a Turley Road property. He was initially granted a permit to dump human waste there, but it has since been suspended.
The state Cabinet for Health and Family Services suspended the permit because the lagoons are considered experimental.
Buddy Wilson, senior environmentalist with the Montgomery County Health Dept., said there are also issues with setback and sinkholes on the property. The site is close to at least one residence and a family cemetery, he said.
First, the group asked that the county pass an ordinance that would prevent such an operation from locating in the county.
The crowd became somewhat demonstrative with the court in its demands for action.
“You have to do what is morally right at some point and we think that point is now,” Holly Cichelli told the court.
Several members of the group asked how the county could successfully stop a dump some 25 years ago, but can’t do anything about the septage lagoons.
County Attorney Kevin Cockrell explained that that was because the county had zoning for a brief period at that time and could regulate waste dumps.
Liquid waste is another matter, he said.
That type of waste is regulated by the state Cabinet for Health and Family Services and the county has no say in the process.
To attempt to pass an ordinance prohibiting Setters operation would be illegal and could get the county sued, Cockrell said.
Still, several members of the crowd asked the court to take that risk to keep the lagoons out of their neighborhood, where they are afraid of health hazards, lessened property values and road safety.
“You’re frustrated because you’re asking them to do something they can’t do,” Cockrell told the crowd at one point.
The subject of comprehensive countywide zoning was also brought up. Local pastor Grant Cannoy asked the court to pass some form of zoning.
Zoning could regulate the placement of such an operation, but would be too late to stop Setters because it is already grand fathered in, Cockrell added.
County Commissioner Billy Ray Fawns noted that zoning would not be a quick fix for future endeavors because it would need months of study before it could be approved.
That decision would have to be made by the Fiscal Court.
Years ago the matter was placed on the ballot as a referendum and was defeated. The action came while the county had temporarily installed zoning and wanted to gauge public support.
Resident Lacey Gay asked the court for direction in stopping the Setters operation.
“What can you do that will help us get this out of here,” she asked. “How can you guide us in the right steps to get this blocked. Are you guys willing to spiritually back us up.”
Moments earlier she had held up a small child and asked the court if members would want the lagoons around their children.
All three commissioners said they didn’t.
Commissioner Melody Townsend said she would speak with state Rep. David Hale and Sen. Ralph Alvarado to ask for their influence in stopping the lagoons.
“One thing I don’t want to give is false hope that we can do something we can’t do,” Townsend said of the court.
One option Cockrell suggested is for residents to file a nuisance lawsuit against Setters alleging that the operation would be a detriment to their everyday lives.
“That’s probably their best hope,” Cockrell told the Advocate.
The group has already hired Morehead attorney Michael Campbell to represent their interest.
Group member Dena Fawns told the court it would have to take legal action if it can’t do something about the lagoons.
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