Town demands ‘reparations’, firings, and threatens ‘legal action’ for alleged ‘Sludge War’ on solid waste crew

At 5:44 p.m., sixteen minutes before an already once rescheduled Town-County Liaison Committee Meeting was slated to begin at 6 p.m. Thursday, April 29, the Town of Front Royal issued a three paragraph press release, accompanied by the public release of a four-plus page letter signed by Mayor Chris Holloway to Warren County Board of Supervisors Chair Cheryl Cullers. The topic is the dispute over what sewage materials the Town has been sending to the County’s Bentonville Waste Transfer Station amongst its residential trash disposal.

The Town release and letter, copied to Warren County Commonwealth’s Attorney John Bell and Virginia Attorney General Mark Herring, maintains the aggressively accusatory stance the mayor and Councilman Jacob Meza took at the April 26 town council meeting as reported in the Royal Examiner story “County responds to Town attack on its methods in dealing with sewage dumping allegation”.

Mayor Holloway informs the county board chair that: “… the Town Attorney is researching and considering legal action against Sheriff Mark Butler, the Warren County Sheriff’s Office and possibly the County of Warren” regarding the April 20^th investigative incident, which is repeatedly referred to as a “sting operation”, targeting a Town Solid Waste Department truck crew.

File photo of Mayor Holloway, left, dating to Matt Tederick’s tenure as interim town manager. Royal Examiner File Photos Roger Bianchini

The letter to County Board Chair Cullers also indicates that, not only Thursday’s scheduled Liaison Committee meeting, but all future ones, as well as a planned joint “retreat” or renamed “advance”, are cancelled pending “a minimum of the following (4) actions take place”. Those actions are a public apology, financial reparations, “the immediate payment (within 5 days) of all past due money owed to the Town by the County”, and an investigation the mayor envisions resulting in the termination of Interim County Administrator Ed Daley and resignation of Sheriff Mark Butler, to which Mayor Holloway tells the County Board Chair, “I am confident I can get a resolution of support from the Town Council”.

Throughout the letter to the county board chair, Sheriff Butler appears to be the main target. Derogatory references to his language during the April 20 incident involving the disposal of waste from the Town sewage treatment plant mixed with residential garbage are made. And the mayor cites a recent Town FOIA inquiry to the sheriff regarding traffic stops initiated by his department inside the town limits.

Referencing a “site visit” the Town claims vindication by the State waste disposal oversight agency, the Virginia Department of Environmental Quality (DEQ), for any “criminal activity suspected by the County” from the Town of Front Royal’s waste disposal activities at the County’s Bentonville Waste Transfer Station over an as-yet-publicly-defined period of time.

A Town Solid Waste Department truck on residential trash run in Front Royal.

Here are the jointly released April 29^th Town press release and mayor’s letter to the county board chair in their respective entireties:

On Tuesday, April 20th a sting operation was carefully devised by Warren County and Sheriff Butler’s office in hopes of catching the Town disposing of sludge illegally at the Warren County Transfer Station. The Department of Environmental Quality (DEQ) was called by the Sheriff to investigate the Town’s operation and any violation of the Town’s permit. DEQ found no evidence of criminal activity suspected by the County after conducting a site visit.

Mayor Chris Holloway stated, “Myself and the Council are very disappointed and shocked that the County would reach to this level to try and undermined the public’s trust by initiating a criminal investigation without contacting the Town informing them of their concerns. The community should trust their government in doing the right thing and working together. We are one community and as Mayor I will never lose sight of this although the County’s actions speak otherwise. What is more disturbing is the fact the County and Sheriff involved three of the Town’s essential workers who perform an honest days work collecting our customer’s trash. The day this happened I personally met with them and thanked them for what they do every day.”

As a result, the Mayor and Council felt it was important to send Chairman Cullers a letter (attached) outlining the events and Town’s concern. “We will also be sharing my letter with all Town citizens and possibly County residents,” Mayor Holloway said.

Dear Cheryl,

Tuesday, April 20th I was called by the Town Manager and informed of a sting operation regarding a “criminal investigation relating to the Town’s disposal of sludge at the Warren County Transfer Station” which was personally led by the Warren County Sheriff, Mark Butler. Bottom line up front, as I am sure you are aware, the Department of Environmental Quality (DEQ) has since confirmed the Town conducted no such illegal activity and that our processes are well within standards. The Town is researching whether or not Sheriff Mark Butler had jurisdictional authority to even spearhead such a sting operation into the alleged disposal of sludge, more to this point in the near future. I have waited a week for a phone call by you or Sheriff Mark Butler to apologize for the actions and overreach of power which I will outline below; however, as of the penning of this letter, I have received no such calls or correspondence. I believe the citizens of our community have a right to know the gross misuse of office which took place last week. Please allow me to outline the facts as they relate to the chain of events of last week and the misuse of office and perhaps abuse of authority which may likely be addressed in coming weeks.

First to explain the technical process, The Town of Front Royal Wastewater Treatment plant receives its material in two ways. The first is through the Town’s sewer system, and the second is through the Septage receiving station (primarily septic tanks outside of Town limits). The solid material is called Grit and Screenings. The Screenings are the items such as baby wipes, feminine products, toys, and similar products. The Grit is items that settle out in the tank that the human body does not break down like rice, corn, nuts, seeds and any grit, gravel, or dirt within the manhole walls or in the septage tanks. The Screenings and Grit are rinsed with water, drained and pressed to dewater. The cleaned Grit and Screenings is then put with residential trash to be taken to the County Transfer Station. This has been the process for many years and is completely legal, and within DEQ permitted standards.

As previously mentioned, last Tuesday, the Town received information that Sheriff Mark Butler was personally leading a sting operation into what he described as a, “criminal investigation into the Town’s illegal dumping of sludge” at the Warren County Transfer Station. Although neither Sheriff Mark Butler nor any of his deputies are licensed wastewater operators, he concluded through his “expert” opinion that the legally allowed dumping of Grit and Screenings that were taken to the Transfer Station was “sludge” because it smelled like “shit.” Throughout the day, numerous Town Refuse employees, one of whom was on the job only two days, were personally detained and interrogated by Sheriff Mark Butler and his investigators. Their commercial driver’s licenses which are required for their livelihood, were confiscated and run against criminal records. As the crew who had the Grit and Screenings described the incident, they were threatened by Sheriff Mark Butler that they could personally be liable for a $25,000 fine and up to a one million dollar fine, that they will likely be losing their CDL license, as well as the Town trash truck would be impounded. Sheriff Mark Butler went on to say to some of the Refuse employees that if they shared any part of his investigation that he would ensure they were charged with obstruction of justice. Please keep in mind, these employees were not at the Director or Town Manager level, but Refuse employees who work five days a week picking up trash, just doing their job for Town citizens, as well as disposing of Grit and Screenings from both County and Town residents. These are the cold hard facts from numerous eye witnesses.

As if this is not bad enough, there’s more. Sheriff Mark Butler contacted DEQ and asked them to participate in his investigation of the Town’s “illegal dumping of sludge.” The DEQ agent told the Director of Public Works that in his entire career he had never been called by a local Sheriff, therefore, he concluded there must be an egregious violation and immediately started his investigation, even though as previously stated the Sheriff may not have jurisdictional authority to conduct such an investigation. Upon DEQ’s research, he accurately concluded that our process was in accordance with code and procedures, meaning the Grit and Screenings properly disposed at the Transfer Station did not violate any laws or code. Additionally, at the request of the Sheriffs office, the next day, DEQ conducted an onsite investigation of the Town’s Wastewater Treatment facility with Sheriff investigators, Sheriff Mark Butler and Town staff. Sheriff Mark Butler again relayed his “expert” opinion that the Town was illegally dumping sludge into the Transfer Station in which he “intellectually” stated, “You know the saying – if it walks like a duck and quacks like a duck, then it must be a duck. So, if it looks like shit and smells like shit, then it must be shit” (his exact words). Amazed at this profound statement, the DEQ agent and the Town’s Wastewater Treatment Manager explained to Sheriff Mark Butler the process the Town goes through to process the Town and County’s Grit and Screenings. The DEQ agent further taught Sheriff Mark Butler that there is a difference between sludge and Grit and Screenings. Additionally, he educated Sheriff Mark Butler that nearly all municipalities dispose of this Grit and Screenings with residential trash as the Town of Front Royal has done for many years. Lastly, during this meeting, Sheriff Mark Butler told the group that he took it upon himself to contact Sheriff Cubbage of Page County to inform him that the Town was illegally dumping bio-hazard in the Page County landfill. Since this call, Sheriff Cubbage has confirmed to Town officials that the Town is not illegally dumping in the Page County landfill. So, in summary, let me unequivocally restate to you and the public -THE TOWN OF FRONT ROYAL HAS NOT BEEN AND DOES NOT DUMP ILLEGAL WASTE.

I wish my letter to you could end here, but there’s more I need to let you know. The Town Council is truly perplexed and demands answers to some questions. How did this sting operation start in the first place and why was it led personally by Sheriff Mark Butler which is unprecedented? Here’s what I know, when contacted by the Town Manager the very day of this harassment, Interim County Administrator, Ed Daley, told the Town Manager that you, Chairwoman Cullers, told him the Town was illegally dumping sludge, that he called the Sheriff to investigate, and that he was aware of the sting operation taking place. This begs perhaps the most important question, why didn’t Dr. Daley just call the Town Manager to look into this matter first instead of the Sheriff? Why wouldn’t Dr. Daley just ask the Town Manager if together they could look into the process. (After all, approximately one third of the Grit and Screenings produced come from septic haulers outside of Town limits). It’s my understanding that the Town Manager and Interim County Administrator meet for a private lunch every two weeks in order to enhance working relationships. Why were Town Refuse employees targeted, threatened and harassed by Sheriff Mark Butler himself personally? Again, for disclosure, here’s what I know, as I am sure you are aware, the Town has requested through FOIA official records from the Sheriffs Department regarding traffic stops. And for further transparency, just a few days prior to this sting operation led by Sheriff Mark Butler the Town received a partial response to the FOIA from the Sheriffs office. Was this the reason for the drummed up “criminal investigation” led by Sheriff Mark Butler? Or, considering all the money the County owes the Town (PILOT fees, hauling fees, EDA), was the County leadership hoping to get leverage over the Town and embarrass the Town in order to force the Town to the negotiating table? Or, is it payback because the Town has started its own EDA and will soon start its own Building Inspection operation? There’s a reason this happened. There’s a reason Ed Daley did not contact Steven Hicks and a reason why the Sheriff personally accused Town Refuse employee of a crime. You should know that the Town Council are unanimously perplexed and very disturbed by the targeting, harassment and lack of good judgement by Ed Daley and Sheriff Mark Butler. I believe you have a duty to get to the truth and do so quickly. If the County attempts to cover this up, the Town will absolutely take steps to ensure justice for our Refuse employees.

Chairwoman Cullers, what would you do in my shoes if County employees were treated the way our Refuse employees were treated or if the County government was accused the way the Town was accused? How would you feel if the Town Manager concluded the County was doing something inappropriate and conducted a sting operation with the Front Royal Police Chief, instead of first reaching out to the County Administrator? As for me, at a minimum I can assure you that I would be pressing for the Town Manager’s immediate resignation or termination if he grossly mishandled such a matter and demonstrated such a lack of judgement. I hope you can appreciate the severity of this incident. Words truly cannot express how upset Town Council and our employees are at the actions of Mr. Daley and Sheriff Butler.

So where do we go from here? For disclosure, I need you to know that the Town Attorney is researching and considering legal action against Sheriff Mark Butler, the Warren County Sheriffs Department and possibly the County of Warren. We cannot just sit back and allow our hard-working Refuse employees to be harassed and intimidated simply for doing their job and conducting legal acts by taking trash to the Transfer Station. In addition to reevaluating how the Town will be addressing the handling of County septage in the future, I am canceling all future liaison meetings and the Town/County Advance until a minimum of the following actions take place:

1. A public and private apology by the Board of Supervisors, the Interim County Administrator and Sheriff Mark Butler to the Refuse employees who went home on Tuesday night worried about losing their jobs, going to jail, paying a massive fine and losing their CDL license;
2. Reimbursement for Town staff hours spent dealing with the harassment and failed sting operation by Sheriff Mark Butler. I hope to have an invoice compiled in the coming weeks;
3. The immediate payment of all past due money owed to the Town by the County. If not paid within five business days of receipt of this letter, I will be asking the Town Attorney to take appropriate legal action;
4. Additionally, after your investigation if you determine it appropriate to terminate the Interim County Administrator, Ed Daley and to ask for the resignation of Sheriff Mark Butler, I am confident I can get a resolution of support from the Town Council.

In conclusion, I want to reiterate that my problem is not with the rank-and-file deputies of the Sheriffs Department, they are just following orders. I fully support our men and women in blue and brown. Even so, many have advised me not to expose the misuse of office by Sheriff Mark Butler for fear of a false arrest or personal harassment against me or my family. After all, we have all seen citizens within Town limits in handcuffs on the side of the road as their vehicles are emptied and searched by undercover Sheriff deputies, most of whom are let go because of a lack of a crime. In an effort to protect all Town employees and the Town Council from possible harassment by the Sheriff, I have instructed the Town Attorney to send a letter to all Town employees informing them of their legal rights and due process in the event that a Sheriff deputy or Sheriff Mark Butler personally pulls them over. We will be instructing our Town employees to video tape any encounter with the Warren County Sheriffs office in such an instance. Furthermore, in the event there is an incident with a Town employee or Councilmember, I will be requesting our Town Attorney to personally lead an internal investigation into the matter and if appropriate, involve the Attorney General’s Office and State Police. We will also be publishing a public notice to Town citizens and tourists informing them of their rights, as well as, sending this letter to all Town citizens and possibly County residents living outside of Town limits. We are not going to tolerate harassment by the Sheriff. Please join me in encouraging any Warren County Sheriff Deputy, County employee or citizen who have concerns with the Sheriff or have had any unfounded searches during a traffic stop to contact Doug Napier, Town Attorney or George Sonnett, Assistant Town Attorney who are compiling information to send to the Attorney General’s Office.

Chairwoman Cullers, as you can imagine these actions by County leadership and staff have caused great harm, a bigger divide between our governments and an enhanced mistrust of the County government by our Town. The Town of Front Royal is charting her own course – we are moving forward even with the obstacles the County continually places before us. We ask that the County not interfere with our ability to govern, operate and prosper. I demand the immediate actions referenced above and answers to my questions so that the healing process can truly commence and our Refuse employees can find justice.

Sincerely,
Chris Holloway, Mayor
Town of Front Royal