Despite a plea from Jefferson County residents who live near fields where excessive amounts of human waste were spread, the state Department of Natural Resources has refused to order the waste hauler in the case to pay for tests of private wells in the area.
Cathy Stepp, DNR secretary, said in a letter to the residents that the potential for groundwater contamination from overspreading by Herr Environmental was "relatively low."
The agency cited owner Richard Herr for spreading human waste from septic tanks in 2009 in excess of legal levels. Herr was also cited for four other violations in 2009 including providing inaccurate records. Even though DNR enforcement staff sought prosecution by the Department of Justice, Executive Assistant Scott Gunderson recommended five citations and a minimum fine for Herr. Gunderson, a former state representative, said he forgot he had accepted campaign contributions from Herr.
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Gunderson, in an interview with the State Journal, said health concerns about the spreading on nearby wells received little discussion as the case was being handled even though DNR staff cited the potential for contamination by nitrates. Settlement of the case by the Justice Department, according to DNR enforcement staff, could have forced Herr to pay for well testing.
"Well-trained, qualified people can differ regarding the potential for environmental harm from violations," Stepp wrote in a letter to residents seeking well tests. "In the Herr case, our staff did have differing opinions."
Stepp said there was little chance of contamination of wells in the area because of the distance between the soil surface and groundwater. She also said spreading rates are calculated using a conservative formula to protect drinking water and that, while Herr exceeded spreading rates, the spreading was still similar to a farmer spreading fertilizer on crops.
"It just seems like they are sidestepping it as a problem," said resident Francine Langlais.
People who live near the fields remain concerned because there is considerable uncertainty about how much waste was spread. The DNR investigation showed Herr Environmental provided three sets of records for its operations in 2009 and 2010, each with a different tally of acreage and volume of waste spread, each revised so the company appeared closer to compliance. The final set, which showed the company to be in compliance, could not be substantiated, according to the DNR investigation.
One residential well near the fields, tested by its owners last fall, showed contamination by coliform bacteria, though Stepp said in her letter that testing cannot identify the source of such contaminants.
Ten Democratic legislators Tuesday asked in a letter to the DNR that the agency issue an emergency order — allowed when public health necessitates immediate action — requiring Herr to pay for well testing.
