Residents flock to meeting to speak out in opposition of potential recycling operation in the Town of Lafayette
By Anne Trautner
Assistant Editor
One by one, people wearing fluorescent green stickers that said in all caps “NO SHINGLES” went to the podium in front of the Walworth County Zoning Agency on June 19.
A total of 27 people spoke at the public hearing against having an asphalt shingle recycling plant move into the former B.R. Amon gravel pit at W4186 Potter Road in the town of LaFayette. They said they were concerned about truck traffic, as well as potential water, air and noise pollution that the new business would create.
However, representatives from Southwind RAS, LLC cited benefits of recycling shingles and denied that the process was hazardous. In addition, the new permit would reduce the amount of shingles that can come onto the property from what is currently allowed, they said.
“We are not asking for something new. We are asking for something less,” said Brian Lansu, president of Reliable Materials Corporation of Illinois, which is the proposed purchaser of the Potter pit property, and an attorney for Southwind RAS, LLC, the proposed operator of the shingle recycling operation.
After listening for about two hours to arguments from both sides, the committee unanimously decided to table the issue.
“I think it’s really important that we understand the difference between what they have now and what they are asking for,” said Jim Van Dreser of the zoning agency. “I really think it comes down to both conditional use [permits], comparing [the existing permit] to what they are proposing so we really understand how we are increasing the risks to the county, the risks to the people that live around there. I don’t think we understand that right now. That is the crux of our decision.”
Southwind is applying for a new conditional use permit because it wants to be able to keep shingles on the site for 18 months rather than the current restriction of six months. The Illinois-based company was formed in 2010 and recycles approximately 150,000 tons of asphalt shingles per year. It has more than 20 facilities in Illinois, Missouri and Wisconsin.
The proposed permit outlines 34 conditions that Southwind would have to abide by.
The property currently has a conditional use permit which allows for shingle recycling with an on-site asphalt plant, with on-site shingle piles not to exceed 40,000 tons.
The new conditional use permit would reduce that to 25,000 tons. However, the DNR limits on-site piles to not exceed 10,000 tons, Lansu said.
“We look at this a s a significant reduction of what is currently allowed on site,” Lansu said.
The original conditional use was based on a company recycling asphalt shingle material through an onsite asphalt plant. Southwind hopes to grind shingles at the Lafayette property as well as mine small amounts of stone material there. It would then blend the stone and shingle materials and truck the product mainly to Illinois, Lansu said.
Southwind would be reviewed every five years for a potential five-year renewal, up to 15 years.
In addition, Southwind would have to submit annual reports to the state that detail how much material it has processed, as well any complaints it may have had and how it responded to the complaints, said Ken Hein, waste management specialist for the Wisconsin Department of Natural Resources (DNR).
Michael Cotter, director of the Walworth County Land Use and Resource Management Department, said that committee members would be provided with detailed information comparing the two conditional permits. In addition, he could try to get permission to videotape the site, he said.
“I see that this is an important issue,” Cotter said, looking out at crowd of about 100 people who attended the hearing. “I would hate to rush through it. This has been going on for a little while, and I want to make sure that we give you the solid information for you to make a decision.”
“I still think we have to take concern of what the residents are concerned about,” said Supervisor Paul Yvarra. “If I lived in the area, I would have similar concerns, on the water, the amount of traffic, the use of the road.”
“They could do almost everything they are asking for without us getting together today. It sounds like the only thing we have talked about today is additional storage,” Van Dreser said.
Both LaFayette’s town board and plan commission recommended in May that the conditional permit pass. In addition, the Wisconsin DNR has approved the storm-water facilities for the site.
Southwind has entered into a road agreement with the town of LaFayette to cover the cost of any needed repairs due to the company’s truck traffic, Lansu said.
There currently are about 37,000 to 38,000 tons of unprocessed shingles piled at the site, according to Matt Weidensee, site planner and hearing facilitator for the county.
The shingles are all that remain from two failed businesses, Construction Materials Recycling and B.R. Amon and Sons. The property went into receivership more than a year ago.
“The job of a receiver is to be fair to all,” said Ron Carlson, receiver of the property. “I believe this proposal, after consideration of all of the options, was the most productive balanced solution to the issue at hand. The fact is, that the proposal addresses not only the shingle issue, but also the storm water and the reclamation issues, materials issues, that exist in the potter pit, which may extend for years to come if not rectified with the proposal at hand.”
More than 200 people signed a petition against the proposed conditional use, claiming that it will create a traffic safety hazard and that it will promote industrial uses in the center of an agricultural and residential farming neighborhood. The petition states that the proposed use will increase noise pollution, and increase the risk of air and water pollution.
However, Greg Wilcox, an environmental engineer who is working with Southwind, said that many studies have been done to determine environmental hazards of asphalt.
“Asphalt does not have groundwater issues. There have been studies out there for decades,” Wilcox said. “Which is a good thing, because asphalt shingles are on a lot of roofs, and there would be a lot of contaminants.”
Southwind is required to submit annual reports of air condition to the Illinois Bureau of Air and has never been cited for any violation of air emissions, Lansu said.
Merilee Holst, a member of the board of directors for the Geneva Lake Conservancy, is in favor of recycling the shingles.
“Unless a better environmentally responsible manner can be researched and identified, recycling of these shingles is appropriate, ” Holst said.
Alvin Susina, who lives next door to the pit, said he never had a problem with dust or noise when Amon was in business.
However, most residents were opposed to Southwind moving into the neighborhood, especially after going through two similar scenarios with businesses that failed.
“We have had enough,” said Lisle Blackbourn: “This is quality of life issues…My kids are standing at a bus stop on a foggy day at the corner of Plank and Potter road, waiting for the bus to come. Can’t you just imagine what is going to happen when a big truck full of asphalt shingles comes down the road on that rainy, foggy day? I hesitate to find out.”
“When gravel pits were originally applied for, the expectation was that they would be temporarily used to construct a road, and then they would be closed…Now we are talking about extending the life of this and grinding asphalt shingles for 15 years. I think that is too much to ask. I think there have to be other solutions to take these asphalt shingles to an industrial area where they can be controlled where there are not people living nearby,” said County Supervisor Nancy Russell.
“The people of Walworth County are protected by the Walworth County Sheriff’s Department. The people of Walworth County hope their communities and their properties are protected by our zoning board from locating an asphalt grinding operation in a residential farming area. We are asking you, the zoning board, to stop this conditional use,” said Bill Norem.
