Environmental Protection Commission takes no action to try to stop permit for composting facility

WINDSOR HEIGHTS – The state's Environmental Protection Commission took no action Tuesday to try block a composting facility in Johnson County from receiving a needed permit, despite objections from a neighbor.

The Iowa Department of Natural Resources initially denied a renewal of a solid waste composting permit issued in 2005 to Stone Hill Soils because the company had not yet completed construction on the facility during the three years the permit was valid.

The company appealed that decision to an administrative law judge, who sided with them. The judge found that the permit did not specify a date the facility must be constructed by.

Mitch Kunert, a lawyer representing Stone Hill Soils, said at the time the permit was issued to the company it was facing multiple legal challenges.

“Because of those challenges, Stone Hill Soils did not think it was economically reasonable to start constructing a facility in case one of those challenges was successful in preventing the ultimate construction of it,” Kunert said.

The commission went into a closed session to consider the matter, despite objections from the facility's attorney and a reporter. They ultimately took no action to appeal the decision or to stop the DNR from issuing the permit.

Jan Heeren of Fairfax lives one mile from the proposed facility in Johnson County. She represented a group of residents from the area who are against it being built there.

“I just want to have on record that there is substantial opposition to this facility,” Heeren said.

Heeren declined to comment after the commission chose not to try to stop the issuance of the permit.