Illegal sewage dumping investigation closed with no charges – but is that the end of the story?

If Town of Front Royal officials were looking for vindication in a report culminating Tuesday, May 11, with Warren County Sheriff Mark Butler telling the Warren County Board of Supervisors his department was closing its criminal investigation into a staff report of suspected illegal sewage dumping at the County’s Bentonville Transfer Station without charges – they got it Tuesday night, or at least their garbage truck crews did.

Butler did say the case was being closed without charges. However, his detailed power point summary of events leading up to and following investigative interactions with two Town garbage truck crews at the solid waste transfer station on April 20, concluded there may have been as much as a five-year pattern of purposeful dumping in violation of the agreement between the two municipalities for waste disposal and transfer. He also noted that both municipalities shared some culpability for allowing the process to continue past those initial concerns.

During the May 11 county supervisors work session Sheriff Butler made his case that his department’s investigation was justified, routine, and not targeting Town work crews. Royal Examiner Photo by Roger Bianchini

Butler included 2016 and 2017 communications from County Solid Waste Manager (and now Public Works Director) Mike Berry to county and town officials raising questions about “nasty waste” and possible commercial sewage being mixed in with residential garbage charged at different rates, being delivered to the Bentonville solid waste transfer site.

Sheriff Butler utilized photographs of waste in question taken April 20 during his department’s investigation that illustrated the treated, dried sewage being mixed with residential garbage and water that “rehydrated” the grit and screenings from their treated state. These were evidentiary photographs the sheriff said, other than one on his cell phone, the DEQ investigator refused to look at during his April 21 inspection of the Town’s Wastewater Treatment Plant. Contacted Wednesday, DEQ Water Permits & Compliance Manager Brandon Kiracofe said while he did not recall refusing to look at photos, agreed he had only seen the one cellphone photo. However, he noted that a solid waste inspector who visited the County Transfer Station April 21 in connection with the investigation, may have been more likely to inspect those photos.

Sheriff’s power point photos: above DEQ photo illustrates treated material at Town WWTP that should be acceptable at County transfer station. Below, WCSO photo of mixed material found on Town trash truck on April 20.

Sheriff Butler also made it clear that the Town’s garbage truck crews were not the ultimate target of his department’s investigation. Following conversations that included Warren County Commonwealth’s Attorney John Bell and Interim County Administrator Ed Daley, the sheriff said, “All parties agreed seeking violations of County Codes was not in the best interest of the employees, who were merely just doing their jobs. The Criminal case at this time will be closed,” later adding, “The everyday workers should not be put in this situation jeopardizing their livelihood.”

In summarizing his conclusions near the end of his presentation, Sheriff Butler added, “Since the Town has agreed to never dump this waste at the Transfer Site again, Doctor Daley agreed with both the Commonwealth’s Attorney and the Sheriff, compliance with the law is the best outcome. The County does not wish to pursue charges of any kind currently.”

More WCSO evidentiary photos taken April 20: above, Town truck load of mixed layers of residential and WWTP collected materials; middle photo, close up of liquid running off that load and out of truck; and comparative WCSO photo of a Town trash truck dumping only residential garbage.

Could “currently” be an indication this story may not end legally with the closing of Sheriff’s Office investigation? Elsewhere in summarizing his department’s investigation, Sheriff Butler said this: “After reviewing all statements, agreements, evidence, policies, procedures, laws and codes, both the Commonwealth Attorney, John Bell, and the Warren County Sheriff’s Office believe this matter would be best handled as a civil instead of a criminal matter.”

Perhaps that looming sheriff’s report on the suspected sludge dumping investigation scheduled for Tuesday, May 11, explains an unknown portion of the Front Royal Town Council’s 4-1/2 hours of closed sessions the previous day to discuss, among other things, “legal matters” regarding an unspecified “MOA” and “claimed or potential financial obligations” and “actual or probable litigation.

Board Chair Cullers wants to maintain positive relations with the Town despite the disconnect experienced over the trash dumping report and investigation.

Board Chairwoman Cullers explained her entry into the issue as stemming from campaign promises on addressing public safety issues along roads in her South River District. Among those concerns were waste dropping on the roads to the Bentonville transfer station and convenience sites. While expressing a desire to continue toward a good working relationship with the Town, as she has in the past, Cullers noted that it had to be achieved within the law and the parameters of agreements between the two municipalities in the best interest of the citizens and employees of both.

Royal Examiner will have more on this evolving story as the County and Town chart a future path through what has become a minefield of accusation, counter-accusation and increasingly tense relations, or as Board Chair Cullers was put on notice by Mayor Holloway last week, an absence of planned joint relations pending the unlikely meeting of Town demands, including firings and resignations of the interim county administrator and sheriff due to their roles in the investigation launched by concerns expressed by County Transfer Station Manager Jamie Lentz. During Tuesday’s discussion Lentz was commended for re-raising the issue of “nasty waste” in the face of municipal systems that had allowed questionable loads to continue to be received over a period of years.

In fact, Royal Examiner does have MORE on this issue already, having received a statement from Mayor Holloway through the town manager’s office while typing the above paragraph Wednesday afternoon. The statement was in response to a question posed the previous day on the decision to transport the disputed materials directly to the Page County Battle Creek Landfill.

Mayor responds on waste decision

Mayor Holloway says the County will be charged for additional costs to the Town for shipping now-rejected WWTP materials directly to its final Page County destination.

This is the mayor’s emailed statement in its entirety:

“The County has never said anything about an odor or dumping of material. This could have all been avoided if they would just have picked up the phone and shared their concerns.

“They told DEQ that they didn’t want to accept this material anymore at the transfer station even though most towns do the same thing with theirs. This was the County’s decision not the Town’s. As a result, county citizens will pay additional costs because of their decision to haul to Page County. We will be invoicing them or we will stop taking the materials. Please keep in mind, the County has been accepting the material for years just like other localities do with their transfer stations.

“We are now having (contracted hauler) Republic haul the screening & grit from the Town treatment plant and the County Septage Receiving Station straight to the Page County landfill. Again, due to the County’s request – not us agreeing to it – it will increase the costs to county citizens. I want to emphasize the County can take the material per DEQ if they want to and save taxpayer’s dollar.”

Contacted about the “invoicing them or … stop taking the materials” reference, Town Manager Steven Hicks verified that was in reference to the Town’s receipt of county septic system waste for treatment at its WWTP.

Stay tuned for future developments in our daytime/nighttime drama “As the Sewage Travels” and/or watch the Sheriff’s report (at 1:01:45 mark), along with other business conducted Tuesday evening, in this County video.